§ 1161aa–1. Postbaccalaureate programs

In addition to any amounts appropriated under part B of subchapter V, there are authorized to be appropriated, and there are appropriated, out of any funds in the Treasury not otherwise appropriated, $11,500,000 for fiscal year 2009 and for each of the five succeeding fiscal years to carry out part B of subchapter V.

§ 1161n–2. Grants for cooperative education

• (a)
  • (1) The Secretary is authorized, from the amount available to carry out this section under section 1161n–4 of this title in each fiscal year and in accordance with the provisions of this part—
    • (A) to award grants to institutions of higher education or consortia of such institutions that have not received a grant under this paragraph in the ten-year period preceding the date for which a grant under this section is requested to pay the Federal share of the cost of planning, establishing, expanding, or carrying out programs of cooperative education by such institutions or consortia of institutions; and
    • (B) to award grants to institutions of higher education that are operating an existing cooperative education program as determined by the Secretary to pay the Federal share of the cost of planning, establishing, expanding, or carrying out programs of cooperative education by such institutions.
  • (2) Cooperative education programs assisted under this section shall provide alternating or parallel periods of academic study and of public or private employment, giving students work experience related to their academic or occupational objectives and the opportunity to earn the funds necessary for continuing and completing their education.
  • (3)
    • (A) The amount of each grant awarded pursuant to paragraph (1)(A) to any institution of higher education or consortia of such institutions in any fiscal year shall not exceed $500,000.
    • (B)
      • (i) Except as provided in clauses (ii) and (iii), the Secretary shall award grants in each fiscal year to each institution of higher education described in paragraph (1)(B) that has an application approved under subsection (b) in an amount that bears the same ratio to the amount reserved pursuant to section 1161n–1(a)(2) of this title for such fiscal year as the number of unduplicated students placed in cooperative education jobs during the preceding fiscal year by such institution of higher education (other than cooperative education jobs under section 1161n–3 of this title and as determined by the Secretary) bears to the total number of all such students placed in such jobs during the preceding fiscal year by all such institutions.
      • (ii) No institution of higher education shall receive a grant pursuant to paragraph (1)(B) in any fiscal year in an amount that exceeds 25 percent of such institution’s cooperative education program’s personnel and operating budget for the preceding fiscal year.
      • (iii) The minimum annual grant amount that an institution of higher education is eligible to receive under paragraph (1)(B) is $1,000 and the maximum annual grant amount is $75,000.
  • (4) The Secretary shall not award grants pursuant to subparagraphs (A) and (B) of paragraph (1) to the same institution of higher education or consortia of such institution in any one fiscal year.
  • (5) Grants awarded under paragraph (1)(B) shall be used exclusively—
    • (A) to expand the quality of and participation in a cooperative education program;
    • (B) for outreach to potential participants in new curricular areas; and
    • (C) for outreach to potential participants including underrepresented and nontraditional populations.
• (b) Each institution of higher education or consortium of such institutions desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall prescribe. Each such application shall—
  • (1) set forth the program or activities for which a grant is authorized under this section;
  • (2) specify each portion of such program or activities which will be performed by a nonprofit organization or institution other than the applicant, and the amount of grant funds to be used for such program or activities;
  • (3) provide that the applicant will expend, during the fiscal year for which the grant is awarded for the purpose of such program or activities, not less than the amount expended for such purpose during the previous fiscal year;
  • (4) describe the plans which the applicant will carry out to assure, and contain a formal statement of the institution’s commitment that assures, that the applicant will continue the cooperative education program beyond the five-year period of Federal assistance described in subsection (c)(1) at a level that is not less than the total amount expended for such program during the first year such program was assisted under this section;
  • (5) provide that, in the case of an institution of higher education that provides a two-year program that is acceptable for full credit toward a bachelor’s degree, the cooperative education program will be available to students who are certificate or associate degree candidates and who carry at least one-half of the normal full-time academic workload;
  • (6) provide that the applicant will—
    • (A) make such reports as may be necessary to ensure that the applicant is complying with the provisions of this section, including reports for the second and each succeeding fiscal year for which the applicant receives a grant with respect to the impact of the cooperative education program in the previous fiscal year, including—
      • (i) the number of unduplicated student applicants in the cooperative education program;
      • (ii) the number of unduplicated students placed in cooperative education jobs;
      • (iii) the number of employers who have hired cooperative education students;
      • (iv) the income for students derived from working in cooperative education jobs; and
      • (v) the increase or decrease in the number of unduplicated students placed in cooperative education jobs in each fiscal year compared to the previous fiscal year; and
    • (B) keep such records as may be necessary to ensure that the applicant is complying with the provisions of this part, including the notation of cooperative education employment on the student’s transcript;
  • (7) describe the extent to which programs in the academic disciplines for which the application is made have satisfactorily met the needs of public and private sector employers;
  • (8) describe the extent to which the institution is committed to extending cooperative education on an institution-wide basis for all students who can benefit;
  • (9) describe the plans that the applicant will carry out to evaluate the applicant’s cooperative education program at the end of the grant period;
  • (10) provide for such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement of, and accounting for, Federal funds paid to the applicant under this part;
  • (11) demonstrate a commitment to serving underserved populations at the institution; and
  • (12) include such other information as may be necessary to carry out the provisions of this part.
• (c)
  • (1) No individual institution of higher education may receive, individually or as a participant in a consortium of such institutions—
    • (A) a grant pursuant to subsection (a)(1)(A) for more than five fiscal years; or
    • (B) a grant pursuant to subsection (a)(1)(B) for more than five fiscal years.
  • (2) The Federal share of a grant under subsection (a)(1)(A) may not exceed—
    • (A) 85 percent of the cost of carrying out the program or activities described in the application in the first year the applicant receives a grant under this section;
    • (B) 70 percent of such cost in the second such year;
    • (C) 55 percent of such cost in the third such year;
    • (D) 40 percent of such cost in the fourth such year; and
    • (E) 25 percent of such cost in the fifth such year.
  • (3) Notwithstanding any other provision of law, the Secretary may not waive the provisions of paragraphs (1) and (2).
• (d) If the Secretary determines that a recipient of funds under this section has failed to maintain the fiscal effort described in subsection (b)(3), then the Secretary may elect not to make grant payments under this section to such recipient.
• (e)
  • (1) In approving applications under this section, the Secretary shall give special consideration to applications from institutions of higher education or consortia of such institutions for programs that show the greatest promise of success based on—
    • (A) the extent to which programs in the academic discipline with respect to which the application is made have satisfactorily met the needs of public and private sector employers;
    • (B) the strength of the commitment of the institution of higher education or consortium of such institutions to cooperative education as demonstrated by the plans and formalized institutional commitment statement which such institution or consortium has made to continue the program after the termination of Federal financial assistance;
    • (C) the extent to which the institution or consortium of institutions is committed to extending cooperative education for students who can benefit; and
    • (D) such other factors as are consistent with the purpose of this part.
  • (2) The Secretary shall also give special consideration to applications from institutions of higher education or consortia of such institutions that demonstrate a commitment to serving underserved populations attending such institutions.

§ 1161n–3. Demonstration and innovation projects; training and resource centers; and research

• (a) From the amounts appropriated under section 1161n–4 of this title , the Secretary is authorized, in accordance with the provisions of this section, to make grants and enter into contracts—
  • (1) from the amounts available in each fiscal year under section 1161n–1(a)(3) of this title , for the conduct of demonstration projects designed to demonstrate or determine the effectiveness of innovative methods of cooperative education;
  • (2) from the amounts available in each fiscal year under section 1161n–1(a)(4) of this title , for the conduct of training and resource centers designed to—
    • (A) train personnel in the field of cooperative education;
    • (B) improve materials used in cooperative education programs if such improvement is conducted in conjunction with other activities described in this paragraph;
    • (C) provide technical assistance to institutions of higher education to increase the potential of the institution to continue to conduct a cooperative education program without Federal assistance;
    • (D) encourage model cooperative education programs that furnish education and training in occupations in which there is a national need;
    • (E) support partnerships under which an institution carrying out a comprehensive cooperative education program joins with one or more institutions of higher education in order to—
      • (i) assist the institution that is not the institution carrying out the cooperative education program to develop and expand an existing program of cooperative education; or
      • (ii) establish and improve or expand comprehensive cooperative education programs; and
    • (F) encourage model cooperative education programs in the fields of science and mathematics for women and minorities who are underrepresented in such fields; and
  • (3) from the amounts available in each fiscal year under section 1161n–1(a)(5) of this title , for the conduct of research relating to cooperative education.
• (b)
  • (1) To carry out this section, the Secretary may—
    • (A) make grants to or contracts with institutions of higher education or consortia of such institutions; and
    • (B) make grants to or contracts with other public or private nonprofit agencies or organizations, whenever such grants or contracts will contribute to the objectives of this section.
  • (2)
    • (A) The Secretary may use not more than three percent of the amount appropriated to carry out this section in each fiscal year to enter into contracts described in paragraph (1)(A).
    • (B) The Secretary may use not more than three percent of the amount appropriated to carry out this section in each fiscal year to enter into contracts described in paragraph (1)(B).
• (c) A recipient of a grant or contract under this section may use the funds provided only to supplement funds made available from non-Federal sources to carry out the activities supported by such grant or contract, and in no case to supplant such funds from non-Federal sources.

§ 1070c–3a. Grants for access and persistence

• (a) It is the purpose of this section to expand college access and increase college persistence by making allotments to States to enable the States to—
  • (1) expand and enhance partnerships with institutions of higher education, early information and intervention, mentoring, or outreach programs, private corporations, philanthropic organizations, and other interested parties, including community-based organizations, in order to—
    • (A) carry out activities under this section; and
    • (B) provide coordination and cohesion among Federal, State, and local governmental and private efforts that provide financial assistance to help low-income students attend an institution of higher education;
  • (2) provide need-based grants for access and persistence to eligible low-income students;
  • (3) provide early notification to low-income students of the students’ eligibility for financial aid; and
  • (4) encourage increased participation in early information and intervention, mentoring, or outreach programs.
• (b)
  • (1)
    • (A) From sums reserved under section 1070c(b)(2) of this title for each fiscal year, the Secretary shall make an allotment to each State that submits an application for an allotment in accordance with subsection (c) to enable the State to pay the Federal share, as described in paragraph (2), of the cost of carrying out the activities under subsection (d).
    • (B) In making allotments under subparagraph (A), the Secretary shall consider the following:
      • (i) Except as provided in clause (ii), if a State continues to meet the specifications established in such State’s application under subsection (c), the Secretary shall make an allotment to such State that is not less than the allotment made to such State for the previous fiscal year.
      • (ii) If a State that applied for and received an allotment under this section for fiscal year 2010 pursuant to subsection (j) meets the specifications established in the State’s application under subsection (c) for fiscal year 2011, then the Secretary shall make an allotment to such State for fiscal year 2011 that is not less than the allotment made pursuant to subsection (j) to such State for fiscal year 2010 under this section (as this section was in effect on the day before August 14, 2008 ).
      • (iii) The Secretary shall give priority in making allotments to States that meet the requirements described in paragraph (2)(B)(ii).
  • (2)
    • (A) The Federal share of the cost of carrying out the activities under subsection (d) for any fiscal year shall not exceed 66.66 percent.
    • (B) The Federal share under this section shall be determined in accordance with the following:
      • (i) The Federal share of the cost of carrying out the activities under subsection (d) shall be 57 percent if a State applies for an allotment under this section in partnership with any number of degree-granting institutions of higher education in the State whose combined full-time enrollment represents less than a majority of all students attending institutions of higher education in the State, and—
        • (I) philanthropic organizations that are located in, or that provide funding in, the State; or
        • (II) private corporations that are located in, or that do business in, the State.
      • (ii) The Federal share of the cost of carrying out the activities under subsection (d) shall be 66.66 percent if a State applies for an allotment under this section in partnership with any number of degree-granting institutions of higher education in the State whose combined full-time enrollment represents a majority of all students attending institutions of higher education in the State, and—
        • (I) philanthropic organizations that are located in, or that provide funding in, the State; or
        • (II) private corporations that are located in, or that do business in, the State.
    • (C)
      • (i) The non-Federal share under this section may be provided in cash or in kind, fairly evaluated.
      • (ii) For the purpose of calculating the non-Federal share under this subparagraph, an in-kind contribution is a non-cash contribution that—
        • (I) has monetary value, such as the provision of—
        • (II) helps a student meet the cost of attendance at an institution of higher education.
      • (iii) For the purpose of calculating a student’s need in accordance with part F, an in-kind contribution described in clause (ii) shall not be considered an asset or income of the student or the student’s parent.
• (c)
  • (1)
    • (A) A State that desires to receive an allotment under this section on behalf of a partnership described in paragraph (3) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
    • (B) An application submitted under subparagraph (A) shall include the following:
      • (i) A description of the State’s plan for using the allotted funds.
      • (ii) An assurance that the State will provide matching funds, in cash or in kind, from State, institutional, philanthropic, or private funds, of not less than 33.33 percent of the cost of carrying out the activities under subsection (d). The State shall specify the methods by which matching funds will be paid. A State that uses non-Federal funds to create or expand partnerships with entities described in subsection (a)(1), in which such entities match State funds for student scholarships, may apply such matching funds from such entities toward fulfilling the State’s matching obligation under this clause.
      • (iii) An assurance that the State will use funds provided under this section to supplement, and not supplant, Federal and State funds available for carrying out the activities under this subchapter.
      • (iv) An assurance that early information and intervention, mentoring, or outreach programs exist within the State or that there is a plan to make such programs widely available.
      • (v) A description of the organizational structure that the State has in place to administer the activities under subsection (d), including a description of how the State will compile information on degree completion of students receiving grants under this section.
      • (vi) A description of the steps the State will take to ensure that students who receive grants under this section persist to degree completion.
      • (vii) An assurance that the State has a method in place, such as acceptance of the automatic zero expected family contribution determination described in section 1087ss(c) of this title , to identify eligible low-income students and award State grant aid to such students.
      • (viii) An assurance that the State will provide notification to eligible low-income students that grants under this section are—
        • (I) Leveraging Educational Assistance Partnership Grants; and
        • (II) funded by the Federal Government and the State, and, where applicable, other contributing partners.
  • (2) The State agency that submits an application for a State under section 1070c–2(a) of this title shall be the same State agency that submits an application under paragraph (1) for such State.
  • (3) In applying for an allotment under this section, the State agency shall apply for the allotment in partnership with—
    • (A) not less than one public and one private degree-granting institution of higher education that are located in the State, if applicable;
    • (B) new or existing early information and intervention, mentoring, or outreach programs located in the State; and
    • (C) not less than one—
      • (i) philanthropic organization located in, or that provides funding in, the State; or
      • (ii) private corporation located in, or that does business in, the State.
  • (4)
    • (A) A State agency that is in a partnership receiving an allotment under this section—
      • (i) shall—
        • (I) serve as the primary administrative unit for the partnership;
        • (II) provide or coordinate non-Federal share funds, and coordinate activities among partners;
        • (III) encourage each institution of higher education in the State to participate in the partnership;
        • (IV) make determinations and early notifications of assistance as described under subsection (d)(2); and
        • (V) annually report to the Secretary on the partnership’s progress in meeting the purpose of this section; and
      • (ii) may provide early information and intervention, mentoring, or outreach programs.
    • (B) A degree-granting institution of higher education that is in a partnership receiving an allotment under this section—
      • (i) shall—
        • (I) recruit and admit participating qualified students and provide such additional institutional grant aid to participating students as agreed to with the State agency;
        • (II) provide support services to students who receive grants for access and persistence under this section and are enrolled at such institution; and
        • (III) assist the State in the identification of eligible students and the dissemination of early notifications of assistance as agreed to with the State agency; and
      • (ii) may provide funding for early information and intervention, mentoring, or outreach programs or provide such services directly.
    • (C) An early information and intervention, mentoring, or outreach program that is in a partnership receiving an allotment under this section shall provide direct services, support, and information to participating students.
    • (D) A philanthropic organization or private corporation that is in a partnership receiving an allotment under this section shall provide funds for grants for access and persistence for participating students, or provide funds or support for early information and intervention, mentoring, or outreach programs.
• (d)
  • (1)
    • (A) Each State receiving an allotment under this section shall use the funds to establish a partnership to award grants for access and persistence to eligible low-income students in order to increase the amount of financial assistance such students receive under this subpart for undergraduate education expenses.
    • (B) The amount of a grant for access and persistence awarded by a State to a student under this section shall be not less than—
      • (i) the average undergraduate tuition and mandatory fees at the public institutions of higher education in the State where the student resides that are of the same type of institution as the institution of higher education the student attends; minus
      • (ii) other Federal and State aid the student receives.
    • (C)
      • (i) A State receiving an allotment under this section may restrict the use of grants for access and persistence under this section by awarding the grants only to students attending institutions of higher education that are participating in the partnership.
      • (ii) If a State provides grants through another program under this subpart to students attending institutions of higher education located in another State, grants awarded under this section may be used at institutions of higher education located in another State.
  • (2)
    • (A) Each State receiving an allotment under this section shall annually notify low-income students in grades seven through 12 in the State, and their families, of their potential eligibility for student financial assistance, including an access and persistence grant, to attend an institution of higher education.
    • (B) The notice under subparagraph (A)—
      • (i) shall include—
        • (I) information about early information and intervention, mentoring, or outreach programs available to the student;
        • (II) information that a student’s eligibility for a grant for access and persistence is enhanced through participation in an early information and intervention, mentoring, or outreach program;
        • (III) an explanation that student and family eligibility for, and participation in, other Federal means-tested programs may indicate eligibility for a grant for access and persistence and other student aid programs;
        • (IV) a nonbinding estimate of the total amount of financial aid that a low-income student with a similar income level may expect to receive, including an estimate of the amount of a grant for access and persistence and an estimate of the amount of grants, loans, and all other available types of aid from the major Federal and State financial aid programs;
        • (V) an explanation that in order to be eligible for a grant for access and persistence, at a minimum, a student shall—
        • (VI) information on any additional requirements (such as a student pledge detailing student responsibilities) that the State may impose for receipt of a grant for access and persistence under this section; and
        • (VII) instructions on how to apply for a grant for access and persistence and an explanation that a student is required to file a Free Application for Federal Student Aid authorized under section 1090(a) of this title to be eligible for such grant and assistance from other Federal and State financial aid programs; and
      • (ii) may include a disclaimer that grant awards for access and persistence are contingent on—
        • (I) a determination of the student’s financial eligibility at the time of the student’s enrollment at an institution of higher education that is a partner in the partnership or qualifies under subsection (d)(1)(C)(ii);
        • (II) annual Federal and State spending for higher education; and
        • (III) other aid received by the student at the time of the student’s enrollment at such institution of higher education.
  • (3) In determining which students are eligible to receive grants for access and persistence, the State shall ensure that each such student complies with the following subparagraph (A) or (B):
    • (A) Meets not less than two of the following criteria, with priority given to students meeting all of the following criteria:
      • (i) Has an expected family contribution equal to zero, as determined under part F, or a comparable alternative based upon the State’s approved criteria in section 1070c–2(b)(4) of this title .
      • (ii) Qualifies for the State’s maximum undergraduate award, as authorized under section 1070c–2(b) of this title .
      • (iii) Is participating in, or has participated in, a Federal, State, institutional, or community early information and intervention, mentoring, or outreach program, as recognized by the State agency administering activities under this section.
    • (B) Is receiving, or has received, a grant for access and persistence under this section, in accordance with paragraph (5).
  • (4) Once a student, including those students who have received early notification under paragraph (2) from the State, applies for admission to an institution that is a partner in the partnership, files a Free Application for Federal Student Aid and any related State form, and is determined eligible by the State under paragraph (3), the State shall—
    • (A) issue the student a preliminary award certificate for a grant for access and persistence with estimated award amounts; and
    • (B) inform the student that payment of the grant for access and persistence award amounts is subject to certification of enrollment and award eligibility by the institution of higher education.
  • (5) An eligible student who receives a grant for access and persistence under this section shall receive such grant award for each year of such student’s undergraduate education in which the student remains eligible for assistance under this subchapter, including pursuant to section 1091(c) of this title , and remains financially eligible as determined by the State, except that the State may impose reasonable time limits to degree completion.
• (e) A State that receives an allotment under this section may reserve not more than two percent of the funds made available annually through the allotment for State administrative functions required to carry out this section.
• (f) The Secretary may grant, upon the request of an institution of higher education that is in a partnership described in subsection (b)(2)(B)(ii) and that receives an allotment under this section, a waiver for such institution from statutory or regulatory requirements that inhibit the ability of the institution to successfully and efficiently participate in the activities of the partnership.
• (g) The provisions of this subpart that are not inconsistent with this section shall apply to the program authorized by this section.
• (h) Each State receiving an allotment under this section for a fiscal year shall provide the Secretary with an assurance that the aggregate amount expended per student or the aggregate expenditures by the State, from funds derived from non-Federal sources, for the authorized activities described in subsection (d) for the preceding fiscal year were not less than the amount expended per student or the aggregate expenditure by the State for the activities for the second preceding fiscal year.
• (i) Notwithstanding subsection (h), for purposes of determining a State’s share of the cost of the authorized activities described in subsection (d), the State shall consider only those expenditures from non-Federal sources that exceed the State’s total expenditures for need-based grants, scholarships, and work-study assistance for fiscal year 1999 (including any such assistance provided under this subpart).
• (j) For the two-year period that begins on August 14, 2008 , the Secretary shall continue to award grants under section 1070c–3a of this title as such section existed on the day before August 14, 2008 , to States that choose to apply for grants under such predecessor section.
• (k) Not later than three years after August 14, 2008 , and annually thereafter, the Secretary shall submit a report describing the activities and the impact of the partnerships under this section to the authorizing committees.

§ 1161n–4. Authorization of appropriations

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

§ 1161l–5. Rule of construction

Nothing in this part shall be construed—

• (1) to provide a private right of action to any person to enforce any provision of this section;
• (2) to create a cause of action against any institution of higher education or any employee of the institution for any civil liability; or
• (3) to affect section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”) or the regulations issued under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note).

§ 1161i–6. Evaluations

• (a) Each State receiving a grant under this part shall—
  • (1) evaluate the activities that are assisted under this part in order to determine—
    • (A) the effectiveness of the activities in achieving State goals;
    • (B) the impact of a career lattice for individuals working in early childhood education programs;
    • (C) the impact of the activities on licensing or regulating requirements for individuals in the field of early childhood development;
    • (D) the impact of the activities, and the impact of the statewide plan described in section 1161i–4(a)(3) of this title , on the quality of education, professional development, and training related to early childhood education programs that are offered in the State;
    • (E) the change in compensation and retention of individuals working in early childhood education programs within the State resulting from the activities; and
    • (F) the impact of the activities on the demographic characteristics of individuals working in early childhood education programs; and
  • (2) submit a report at the end of the grant period to the Secretary regarding the evaluation described in paragraph (1).
• (b) Not later than September 30, 2013 , the Secretary, in consultation with the Secretary of Health and Human Services, shall prepare and submit to the authorizing committees an evaluation of the State reports submitted under subsection (a)(2).

§ 1161i–7. Authorization of appropriations

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

§ 1078–8. Unsubsidized Stafford loans for middle-income borrowers

• (a) It is the purpose of this section to authorize insured loans under this part that are first disbursed before July 1, 2010 , for borrowers who do not qualify for Federal interest subsidy payments under section 1078 of this title . Except as provided in this section, all terms and conditions for Federal Stafford loans established under section 1078 of this title shall apply to loans made pursuant to this section.
• (b) Prior to July 1, 2010 , any student meeting the requirements for student eligibility under section 1091 of this title (including graduate and professional students as defined in regulations promulgated by the Secretary) shall be entitled to borrow an unsubsidized Federal Stafford Loan for which the first disbursement is made before such date if the eligible institution at which the student has been accepted for enrollment, or at which the student is in attendance, has—
  • (1) determined and documented the student’s need for the loan based on the student’s estimated cost of attendance (as determined under section 1087 ll of this title) and the student’s estimated financial assistance, including a loan which qualifies for interest subsidy payments under section 1078 of this title ; and
  • (2) provided the lender a statement—
    • (A) certifying the eligibility of the student to receive a loan under this section and the amount of the loan for which such student is eligible, in accordance with subsection (c); and
    • (B) setting forth a schedule for disbursement of the proceeds of the loan in installments, consistent with the requirements of section 1078–7 of this title .
• (c) The determination of the amount of a loan by an eligible institution under subsection (b) shall be calculated by subtracting from the estimated cost of attendance at the eligible institution any estimated financial assistance reasonably available to such student. An eligible institution may not, in carrying out the provisions of subsection (b) of this section, provide a statement which certifies the eligibility of any student to receive any loan under this section in excess of the amount calculated under the preceding sentence.
• (d)
  • (1) Except as provided in paragraphs (2), (3), and (4), the annual and aggregate limits for loans under this section shall be the same as those established under section 1078(b)(1) of this title , less any amount received by such student pursuant to the subsidized loan program established under section 1078 of this title .
  • (2)
    • (A) The maximum annual amount of loans under this section a graduate or professional student, or a student described in clause (ii), may borrow in any academic year (as defined in section 1088(a)(2) of this title ) or its equivalent shall be the amount determined under paragraph (1), plus—
      • (i) in the case of such a student who is a graduate or professional student attending an eligible institution, $12,000; and
      • (ii) notwithstanding paragraph (4), in the case of an independent student, or a dependent student whose parents are unable to borrow under section 1078–2 of this title or the Federal Direct PLUS Loan Program, who has obtained a baccalaureate degree and who is enrolled in coursework specified in paragraph (3)(B) or (4)(B) of section 1091(b) of this title —
        • (I) $7,000 for coursework necessary for enrollment in a graduate or professional program; and
        • (II) $7,000 for coursework necessary for a professional credential or certification from a State required for employment as a teacher in an elementary or secondary school,
    • (B) The maximum aggregate amount of loans under this section a student described in subparagraph (A) may borrow shall be the amount described in paragraph (1), adjusted to reflect the increased annual limits described in subparagraph (A), as prescribed by the Secretary by regulation.
  • (3)
    • (A) The maximum annual amount of loans under this section an undergraduate dependent student (except an undergraduate dependent student whose parents are unable to borrow under section 1078–2 of this title or the Federal Direct PLUS Loan Program) may borrow in any academic year (as defined in section 1088(a)(2) of this title ) or its equivalent shall be the sum of the amount determined under paragraph (1), plus $2,000.
    • (B) The maximum aggregate amount of loans under this section a student described in subparagraph (A) may borrow shall be $31,000.
  • (4)
    • (A) The maximum annual amount of loans under this section an undergraduate independent student, or an undergraduate dependent student whose parents are unable to borrow under section 1078–2 of this title or the Federal Direct PLUS Loan Program, may borrow in any academic year (as defined in section 1088(a)(2) of this title ) or its equivalent shall be the sum of the amount determined under paragraph (1), plus—
      • (i) in the case of such a student attending an eligible institution who has not completed such student’s first 2 years of undergraduate study—
        • (I) $6,000, if such student is enrolled in a program whose length is at least one academic year in length; or
        • (II) if such student is enrolled in a program of undergraduate education which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year;
      • (ii) in the case of such a student at an eligible institution who has successfully completed such first and second years but has not successfully completed the remainder of a program of undergraduate education—
        • (I) $7,000; or
        • (II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year; and
      • (iii) in the case of such a student enrolled in coursework specified in—
        • (I) section 1091(b)(3)(B) of this title , $6,000; or
        • (II) section 1091(b)(4)(B) of this title , $7,000.
    • (B) The maximum aggregate amount of loans under this section a student described in subparagraph (A) may borrow shall be $57,500.
  • (5) Interest capitalized shall not be deemed to exceed a maximum aggregate amount determined under subparagraph (B) of paragraph (2), (3), or (4).
• (e)
  • (1) Repayment of principal on loans made under this section shall begin at the beginning of the repayment period described in section 1078(b)(7) of this title . Not less than 30 days prior to the anticipated commencement of such repayment period, the holder of such loan shall provide notice to the borrower that interest will accrue before repayment begins and of the borrower’s option to begin loan repayment at an earlier date.
  • (2)
    • (A) Except as provided in subparagraph (C), interest on loans made under this section for which payments of principal are not required during the in-school and grace periods or for which payments are deferred under sections 1077(a)(2)(C) and 1078(b)(1)(M) of this title shall, if agreed upon by the borrower and the lender—
      • (i) be paid monthly or quarterly; or
      • (ii) be added to the principal amount of the loan by the lender only—
        • (I) when the loan enters repayment;
        • (II) at the expiration of a grace period, in the case of a loan that qualifies for a grace period;
        • (III) at the expiration of a period of deferment or forbearance; or
        • (IV) when the borrower defaults.
    • (B) The capitalization of interest described in subparagraph (A) shall not be deemed to exceed the annual insurable limit on account of the student.
    • (C) Interest shall not accrue on a loan deferred under section 1078(b)(1)(M)(v) or 1077(a)(2)(C)(iv) of this title.
  • (3) No payments to reduce interest costs shall be paid pursuant to section 1078(a) of this title on loans made pursuant to this section.
  • (4) Interest on loans made pursuant to this section shall be at the applicable rate of interest provided in section 1077a of this title .
  • (5) The amount of the periodic payment and the repayment schedule for any loan made pursuant to this section shall be established by assuming an interest rate equal to the applicable rate of interest at the time the repayment of the principal amount of the loan commences. At the option of the lender, the note or other written evidence of the loan may require that—
    • (A) the amount of the periodic payment will be adjusted annually; or
    • (B) the period of repayment of principal will be lengthened or shortened,
  • (6) For purposes of calculating the repayment period under section 1078(b)(9) of this title , such period shall commence at the time the first payment of principal is due from the borrower.
  • (7) A lender may grant the borrower of a loan under this section a forbearance for a period not to exceed 60 days if the lender reasonably determines that such a forbearance from collection activity is warranted following a borrower’s request for forbearance, deferment, or a change in repayment plan, or a request to consolidate loans in order to collect or process appropriate supporting documentation related to the request. During any such period, interest on the loan shall accrue but not be capitalized.
• (f)
• (g) A guaranty agency shall use a single application form and a single repayment schedule for subsidized Federal Stafford loans made pursuant to section 1078 of this title and for unsubsidized Federal Stafford loans made pursuant to this section.
• (h) Each State or nonprofit private institution or organization having an agreement with the Secretary under section 1078(b)(1) of this title may charge a borrower under this section an insurance premium equal to not more than 1.0 percent of the principal amount of the loan, if such premium will not be used for incentive payments to lenders. Effective for loans for which the date of guarantee of principal is on or after July 1, 2006 , and that are first disbursed before July 1, 2010 , in lieu of the insurance premium authorized under the preceding sentence, each State or nonprofit private institution or organization having an agreement with the Secretary under section 1078(b)(1) of this title shall collect and deposit into the Federal Student Loan Reserve Fund under section 1072a of this title , a Federal default fee of an amount equal to 1.0 percent of the principal amount of the loan, which fee shall be collected either by deduction from the proceeds of the loan or by payment from other non-Federal sources. The Federal default fee shall not be used for incentive payments to lenders.

§ 1078–10. Loan forgiveness for teachers

• (a) It is the purpose of this section to encourage individuals to enter and continue in the teaching profession.
• (b) The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 1078 or 1078–8 of this title, in accordance with subsection (c), for any new borrower on or after October 1, 1998 , who—
  • (1) has been employed as a full-time teacher for 5 consecutive complete school years—
    • (A) in a school or location that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such schools or locations; and
    • (B) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 1 1 See References in Text note below. of the Elementary Secondary 2 2 So in original. Probably should be preceded by “and”. Education Act of 1965 [ 20 U.S.C. 7801 ], or meets the requirements of subsection (g)(3); and
  • (2) is not in default on a loan for which the borrower seeks forgiveness.
• (c)
  • (1) The Secretary shall repay not more than $5,000 in the aggregate of the loan obligation on a loan made under section 1078 or 1078–8 of this title that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and section 1087j of this title .
  • (2) A loan amount for a loan made under section 1078–3 of this title may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 1078 or 1078–8 of this title for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary.
  • (3) Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of—
    • (A) a secondary school teacher—
      • (i) who meets the requirements of subsection (b); and
      • (ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and
    • (B) an elementary school or secondary school teacher—
      • (i) who meets the requirements of subsection (b);
      • (ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 1401 of this title ); and
      • (iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, or, in the case of a teacher who is employed by an educational service agency, as certified by the chief administrative officer of such agency, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.
• (d) The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.
• (e) Nothing in this section shall be construed to authorize any refunding of any repayment of a loan.
• (f) If the list of schools in which a teacher may perform service pursuant to subsection (b) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination.
• (g)
  • (1) Any teacher who performs service in a school that—
    • (A) meets the requirements of subsection (b)(1)(A) in any year during such service; and
    • (B) in a subsequent year fails to meet the requirements of such subsection,
  • (2) No borrower may, for the same service, receive a benefit under both this section and—
    • (A) section 1078–11 of this title ;
    • (B) section 1087e(m) of this title ; or
    • (C) subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq.).
  • (3) An individual who is employed as a teacher in a private school and is exempt from State certification requirements (unless otherwise applicable under State law), may, in lieu of the requirement of subsection (b)(1)(B), have such employment treated as qualifying employment under this section if such individual is permitted to and does satisfy rigorous subject knowledge and skills tests by taking competency tests in the applicable grade levels and subject areas. For such purposes, the competency tests taken by such a private school teacher shall be recognized by 5 or more States for the purpose of fulfilling the highly qualified teacher requirements under section 9101 1 of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 7801 ], and the score achieved by such teacher on each test shall equal or exceed the average passing score of those 5 States.
• (h) For purposes of this section, the term “year”, where applied to service as a teacher, means an academic year as defined by the Secretary.

§ 1078–11. Loan forgiveness for service in areas of national need

• (a)
  • (1) The Secretary shall forgive, in accordance with this section, the qualified loan amount described in subsection (c) of the student loan obligation of a borrower who—
    • (A) is employed full-time in an area of national need, as described in subsection (b); and
    • (B) is not in default on a loan for which the borrower seeks forgiveness.
  • (2) To provide loan forgiveness under paragraph (1), the Secretary is authorized to carry out a program—
    • (A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under this part (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 1098e(a) of this title )); and
    • (B) to cancel a qualified loan amount for a loan made under part D of this subchapter (other than an excepted PLUS loan or an excepted consolidation loan).
  • (3) The Secretary is authorized to issue such regulations as may be necessary to carry out this section.
• (b) For purposes of this section, an individual is employed in an area of national need if the individual meets the requirements of one of the following:
  • (1) The individual is employed full-time as an early childhood educator.
  • (2) The individual is employed full-time—
    • (A) as a nurse in a clinical setting; or
    • (B) as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 296 of title 42 ).
  • (3) The individual—
    • (A) has obtained a baccalaureate or advanced degree in a critical foreign language; and
    • (B) is employed full-time—
      • (i) in an elementary school or secondary school as a teacher of a critical foreign language;
      • (ii) in an agency of the United States Government in a position that regularly requires the use of such critical foreign language; or
      • (iii) in an institution of higher education as a faculty member or instructor teaching a critical foreign language.
  • (4) The individual is employed full-time as a librarian in—
    • (A) a public library that serves a geographic area within which the public schools have a combined average of 30 percent or more of the schools’ total student enrollments composed of children meeting a measure of poverty under section 6313(a)(5) of this title ; or
    • (B) a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school.
  • (5) The individual—
    • (A) is highly qualified, as such term is defined in section 9101 1 1 See References in Text note below. of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 7801 ]; and
    • (B) is employed full-time—
      • (i) as a teacher educating students who are limited English proficient;
      • (ii) as a teacher in a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school;
      • (iii) as a teacher and is an individual from an underrepresented population in the teaching profession, as determined by the Secretary; or
      • (iv) as a teacher in an educational service agency, as such term is defined in section 7801 of this title .
  • (6) The individual—
    • (A) has obtained a degree in social work or a related field with a focus on serving children and families; and
    • (B) is employed full-time in public or private child welfare services.
  • (7) The individual—
    • (A) is employed full-time as a speech-language pathologist or audiologist in an eligible preschool program or a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school; and
    • (B) has, at a minimum, a graduate degree in speech-language pathology, audiology, or communication sciences and disorders.
  • (8) The individual—
    • (A) is employed full-time as a school counselor who has documented competence in counseling children and adolescents in a school setting and who—
      • (i) is licensed by the State or certified by an independent professional regulatory authority;
      • (ii) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or
      • (iii) holds a minimum of a master’s degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; and
    • (B) is so employed in a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school.
  • (9) The individual is employed full-time in—
    • (A) public safety (including as a first responder, firefighter, police officer, or other law enforcement or public safety officer);
    • (B) emergency management (including as an emergency medical technician);
    • (C) public health (including full-time professionals engaged in health care practitioner occupations and health care support occupations, as such terms are defined by the Bureau of Labor Statistics); or
    • (D) public interest legal services (including prosecution, public defense, or legal advocacy in low-income communities at a nonprofit organization).
  • (10) The individual—
    • (A) is a licensed, certified, or registered dietician who has completed a degree in a relevant field; and
    • (B) is employed full-time as a dietician with an agency of the special supplemental nutrition program for women, infants, and children under section 1786 of title 42 .
  • (11) The individual—
    • (A) has received a degree from a medical school at an institution of higher education; and
    • (B) has been accepted to, or currently participates in, a full-time graduate medical education training program or fellowship (or both) to provide health care services (as recognized by the Accreditation Council for Graduate Medical Education) that—
      • (i) requires more than five years of total graduate medical training; and
      • (ii) has fewer United States medical school graduate applicants than the total number of positions available in such program or fellowship.
  • (12) The individual—
    • (A) has not less than a master’s degree in social work, psychology, or psychiatry; and
    • (B) is employed full-time providing mental health services to children, adolescents, or veterans.
  • (13) The individual—
    • (A)
      • (i) has received a degree from an accredited dental school (as accredited by the Commission on Dental Accreditation);
      • (ii) has completed residency training in pediatric dentistry, general dentistry, or dental public health; and
      • (iii) is employed full-time as a dentist; or
    • (B) is employed full-time as a member of the faculty at a program or school accredited by the Commission on Dental Accreditation.
  • (14) The individual is employed full-time in applied sciences, technology, engineering, or mathematics.
  • (15) The individual—
    • (A) is a physical therapist; and
    • (B) is employed full-time providing physical therapy services to children, adolescents, or veterans.
  • (16) The individual is employed full-time as a school superintendent, principal, or other administrator in a local educational agency, including in an educational service agency, in which 30 percent or more of the schools are schools that qualify under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school.
  • (17) The individual is an occupational therapist and is employed full-time providing occupational therapy services to children, adolescents, or veterans.
  • (18) The individual is employed full-time as an allied health professional—
    • (A) in a Federal, State, local, or tribal public health agency; or
    • (B) in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services.
• (c)
  • (1) Subject to paragraph (2), for each school, academic, or calendar year of full-time employment in an area of national need described in subsection (b) that a borrower completes on or after August 14, 2008 , the Secretary shall forgive not more than $2,000 of the student loan obligation of the borrower that is outstanding after the completion of each such school, academic, or calendar year of employment, respectively.
  • (2) The Secretary shall not forgive more than $10,000 in the aggregate for any borrower under this section, and no borrower shall receive loan forgiveness under this section for more than five years of service.
• (d) The Secretary shall grant loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations.
• (e) Nothing in this section shall be construed to authorize the refunding of any repayment of a loan.
• (f) No borrower may, for the same service, receive a reduction of loan obligations under both this section and section 1078–10, 1078–12, 1087e(m), or 1087j of this title.
• (g) In this section:
  • (1) The term “allied health professional” means an allied health professional as defined in section 295p(5) of title 42 who—
    • (A) has graduated and received an allied health professions degree or certificate from an institution of higher education; and
    • (B) is employed with a Federal, State, local or tribal public health agency, or in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services.
  • (2) The term “audiologist” means an individual who—
    • (A) has received, at a minimum, a graduate degree in audiology from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title ; and
    • (B)
      • (i) provides audiology services under subsection ( ll )(2) of section 1395x of title 42 ; or
      • (ii) meets or exceeds the qualifications for a qualified audiologist under subsection ( ll )(4) of such section.
  • (3) The term “early childhood educator” means an individual who—
    • (A) works directly with children in an eligible preschool program or eligible early childhood education program in a low-income community;
    • (B) is involved directly in the care, development, and education of infants, toddlers, or young children age five and under; and
    • (C) has completed a baccalaureate or advanced degree in early childhood development or early childhood education, or in a field related to early childhood education.
  • (4) The term “eligible preschool program” means a program that—
    • (A) provides for the care, development, and education of infants, toddlers, or young children age five and under;
    • (B) meets any applicable State or local government licensing, certification, approval, and registration requirements, and
    • (C) is operated by—
      • (i) a public or private school that is supported, sponsored, supervised, or administered by a local educational agency;
      • (ii) a Head Start agency serving as a grantee designated under the Head Start Act ( 42 U.S.C. 9831 et seq.);
      • (iii) a nonprofit or community based organization; or
      • (iv) a child care program, including a home.
  • (5) The term “eligible early childhood education program” means—
    • (A) a family child care program, center-based child care program, State prekindergarten program, school program, or other out-of-home early childhood development care program, that—
      • (i) is licensed or regulated by the State; and
      • (ii) serves two or more unrelated children who are not old enough to attend kindergarten;
    • (B) a Head Start Program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq.); or
    • (C) an Early Head Start Program carried out under section 645A of the Head Start Act ( 42 U.S.C. 9840a ).
  • (6) The term “low-income community” means a school attendance area (as defined in section 6313(a)(2)(A) of this title )—
    • (A) in which 70 percent of households earn less than 85 percent of the State median household income; or
    • (B) that includes a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school.
  • (7) The term “nurse” means a nurse who meets all of the following:
    • (A) The nurse graduated from—
      • (i) an accredited school of nursing (as those terms are defined in section 296 of title 42 );
      • (ii) a nursing center; or
      • (iii) an academic health center that provides nurse training.
    • (B) The nurse holds a valid and unrestricted license to practice nursing in the State in which the nurse practices in a clinical setting.
    • (C) The nurse holds one or more of the following:
      • (i) A graduate degree in nursing, or an equivalent degree.
      • (ii) A nursing degree from a collegiate school of nursing (as defined in section 296 of title 42 ).
      • (iii) A nursing degree from an associate degree school of nursing (as defined in such section).
      • (iv) A nursing degree from a diploma school of nursing (as defined in such section).
  • (8) The term “occupational therapist” means an individual who—
    • (A) has received, at a minimum, a baccalaureate degree in occupational therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title ; and
    • (B)
      • (i) provides occupational therapy services under section 1395x(g) of title 42 ; or
      • (ii) meets or exceeds the qualifications for a qualified occupational therapist, as determined by State law.
  • (9) The term “physical therapist” means an individual who—
    • (A) has received, at a minimum, a graduate degree in physical therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title ; and
    • (B)
      • (i) provides physical therapy services under section 1395x(p) of title 42 ; or
      • (ii) meets or exceeds the qualifications for a qualified physical therapist, as determined by State law.
  • (10) The term “speech-language pathologist” means a speech-language pathologist who—
    • (A) has received, at a minimum, a graduate degree in speech-language pathology or communication sciences and disorders from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title ; and
    • (B) provides speech-language pathology services under section 1395x( ll )(1) of title 42, or meets or exceeds the qualifications for a qualified speech-language pathologist under subsection ( ll )(4) of such section.
• (h) There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years to provide loan forgiveness in accordance with this section.

§ 1078–12. Loan repayment for civil legal assistance attorneys

• (a) The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys.
• (b) In this section:
  • (1) The term “civil legal assistance attorney” means an attorney who—
    • (A) is a full-time employee of—
      • (i) a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or
      • (ii) a protection and advocacy system or client assistance program that provides legal assistance with respect to civil matters and receives funding under—
        • (I) subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq.);
        • (II) section 732 or 794e of title 29;
        • (III) part A of title I of the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq.);
        • (IV) section 3004 of title 29 ;
        • (V) section 1320b–21 of title 42 ;
        • (VI) section 300d–53 of title 42 ; or
        • (VII) section 21061 of title 52 ;
    • (B) as such employee, provides civil legal assistance as described in subparagraph (A) on a full-time basis; and
    • (C) is continually licensed to practice law.
  • (2)
    • (A) Except as provided in subparagraph (B), the term “student loan” means—
      • (i) subject to clause (ii), a loan made, insured, or guaranteed under this part, part D, or part E; and
      • (ii) a loan made under section 1078–3 or 1087e(g) of this title, to the extent that such loan was used to repay—
        • (I) a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan;
        • (II) a loan made under section 1078, 1078–2, or 1078–8 of this title; or
        • (III) a loan made under part E.
    • (B) The term “student loan” does not include any of the following loans:
      • (i) A loan made to the parents of a dependent student under section 1078–2 of this title .
      • (ii) A Federal Direct PLUS Loan made to the parents of a dependent student.
      • (iii) A loan made under section 1078–3 or 1087e(g) of this title, to the extent that such loan was used to repay—
        • (I) a loan made to the parents of a dependent student under section 1078–2 of this title ; or
        • (II) a Federal Direct PLUS Loan made to the parents of a dependent student.
• (c) From amounts appropriated under subsection (i) for a fiscal year, the Secretary shall carry out a program of assuming the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who—
  • (1) is employed as a civil legal assistance attorney; and
  • (2) is not in default on a loan for which the borrower seeks repayment.
• (d)
  • (1) To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement with the Secretary that specifies that—
    • (A) the borrower will remain employed as a civil legal assistance attorney for a required period of service of not less than three years, unless involuntarily separated from that employment;
    • (B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Secretary the amount of any benefits received by such employee under this agreement;
    • (C) if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee by such methods as are provided by law for the recovery of amounts owed to the Federal Government;
    • (D) the Secretary may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be contrary to the public interest; and
    • (E) the Secretary shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations.
  • (2)
    • (A) Any amount repaid by, or recovered from, an individual under this subsection shall be credited to the appropriation account from which the amount involved was originally paid.
    • (B) Any amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged.
  • (3)
    • (A) Student loan repayments made by the Secretary under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Secretary in an agreement under paragraph (1), except that the amount paid by the Secretary under this section shall not exceed—
      • (i) $6,000 for any borrower in any calendar year; or
      • (ii) an aggregate total of $40,000 in the case of any borrower.
    • (B) Nothing in this section shall authorize the Secretary to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Secretary entered into an agreement with the borrower under this subsection.
• (e)
  • (1) On completion of the required period of service under an agreement under subsection (d), the borrower and the Secretary may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d).
  • (2) An agreement entered into under paragraph (1) may require the borrower to remain employed as a civil legal assistance attorney for less than three years.
• (f)
  • (1) Subject to paragraph (2), the Secretary shall provide repayment benefits under this section on a first-come, first-served basis, and subject to the availability of appropriations.
  • (2) The Secretary shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who—
    • (A) has practiced law for five years or less and, for not less than 90 percent of the time in such practice, has served as a civil legal assistance attorney;
    • (B) received repayment benefits under this section during the preceding fiscal year; and
    • (C) has completed less than three years of the first required period of service specified for the borrower in an agreement entered into under subsection (d).
• (g) No borrower may, for the same service, receive a reduction of loan obligations under both this section and section 1078–11 or 1087e(m) of this title.
• (h) The Secretary is authorized to issue such regulations as may be necessary to carry out this section.
• (i) There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.

§ 1070a–13. Upward bound

• (a) The Secretary shall carry out a program to be known as upward bound which shall be designed to generate skills and motivation necessary for success in education beyond secondary school.
• (b) Any project assisted under this section shall provide—
  • (1) academic tutoring to enable students to complete secondary or postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;
  • (2) advice and assistance in secondary and postsecondary course selection;
  • (3) assistance in preparing for college entrance examinations and completing college admission applications;
  • (4)
    • (A) information on the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and
    • (B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 1090(a) of this title ;
  • (5) guidance on and assistance in—
    • (A) secondary school reentry;
    • (B) alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;
    • (C) entry into general educational development (GED) programs; or
    • (D) postsecondary education; and
  • (6) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents, including financial planning for postsecondary education.
• (c) Any project assisted under this section which has received funding for two or more years shall include, as part of the core curriculum in the next and succeeding years, instruction in mathematics through precalculus, laboratory science, foreign language, composition, and literature.
• (d) Any project assisted under this section may provide such services as—
  • (1) exposure to cultural events, academic programs, and other activities not usually available to disadvantaged youth;
  • (2) information, activities, and instruction designed to acquaint youth participating in the project with the range of career options available to the youth;
  • (3) on-campus residential programs;
  • (4) mentoring programs involving elementary school or secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of such persons;
  • (5) work-study positions where youth participating in the project are exposed to careers requiring a postsecondary degree;
  • (6) special services, including mathematics and science preparation, to enable veterans to make the transition to postsecondary education; and
  • (7) programs and activities as described in subsection (b), subsection (c), or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 11434a of title 42 ), students who are in foster care or are aging out of the foster care system, or other disconnected students.
• (e) In approving applications for projects under this section for any fiscal year, the Secretary shall—
  • (1) require an assurance that not less than two-thirds of the youths participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
  • (2) require an assurance that the remaining youths participating in the project proposed to be carried out under any application be low-income individuals, first generation college students, or students who have a high risk for academic failure;
  • (3) require that there be a determination by the institution, with respect to each participant in such project that the participant has a need for academic support in order to pursue successfully a program of education beyond secondary school;
  • (4) require that such participants be persons who have completed 8 years of elementary education and are at least 13 years of age but not more than 19 years of age, unless the imposition of any such limitation would defeat the purposes of this section; and
  • (5) require an assurance that no student will be denied participation in a project assisted under this section because the student will enter the project after the 9th grade.
• (f) Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $60 per month during the summer school recess, for a period not to exceed three months, except that youth participating in a work-study position under subsection (d)(5) may be paid a stipend of $300 per month during the summer school recess, for a period not to exceed three months. Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $40 per month during the remaining period of the year.
• (g)
  • (1) There are authorized to be appropriated, and there are appropriated to the Secretary, from funds not otherwise appropriated, $57,000,000 for each of the fiscal years 2008 through 2011 to carry out paragraph (2), except that any amounts that remain unexpended for such purpose for each of such fiscal years may be available for technical assistance and administration costs for the Upward Bound program. The authority to award grants under this subsection shall expire at the end of fiscal year 2011.
  • (2) The amounts made available by paragraph (1) shall be available to provide assistance to all Upward Bound projects that did not receive assistance in fiscal year 2007 and that have a grant score above 70. Such assistance shall be made available in the form of 4-year grants.
• (h) Upon enactment of this subsection and except as otherwise expressly provided by amendment to this section, the Secretary shall not continue, implement, or enforce the absolute priority for the Upward Bound Program published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall not be applied retroactively. In implementing this subsection, the Department shall allow the programs and participants chosen in the grant cycle to which the priority applies to continue their grants and participation without a further recompetition. The entities shall not be required to apply the absolute priority conditions or restrictions to future participants.

§ 1070a–14. Student support services

• (a) The Secretary shall carry out a program to be known as student support services which shall be designed—
  • (1) to increase college retention and graduation rates for eligible students;
  • (2) to increase the transfer rates of eligible students from 2-year to 4-year institutions;
  • (3) to foster an institutional climate supportive of the success of students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 11434a of title 42 ), students who are in foster care or are aging out of the foster care system, or other disconnected students; and
  • (4) to improve the financial literacy and economic literacy of students, including—
    • (A) basic personal income, household money management, and financial planning skills; and
    • (B) basic economic decisionmaking skills.
• (b) A project assisted under this section shall provide—
  • (1) academic tutoring, directly or through other services provided by the institution, to enable students to complete postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;
  • (2) advice and assistance in postsecondary course selection;
  • (3)
    • (A) information on both the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and
    • (B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 1090(a) of this title ;
  • (4) education or counseling services designed to improve the financial literacy and economic literacy of students, including financial planning for postsecondary education;
  • (5) activities designed to assist students participating in the project in applying for admission to, and obtaining financial assistance for enrollment in, graduate and professional programs; and
  • (6) activities designed to assist students enrolled in two-year institutions of higher education in applying for admission to, and obtaining financial assistance for enrollment in, a four-year program of postsecondary education.
• (c) A project assisted under this section may provide services such as—
  • (1) individualized counseling for personal, career, and academic matters provided by assigned counselors;
  • (2) information, activities, and instruction designed to acquaint students participating in the project with the range of career options available to the students;
  • (3) exposure to cultural events and academic programs not usually available to disadvantaged students;
  • (4) mentoring programs involving faculty or upper class students, or a combination thereof;
  • (5) securing temporary housing during breaks in the academic year for—
    • (A) students who are homeless children and youths (as such term is defined in section 11434a of title 42 ) or were formerly homeless children and youths; and
    • (B) students who are in foster care or are aging out of the foster care system; and
  • (6) programs and activities as described in subsection (b) or paragraphs (1) through (4) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 11434a of title 42 ), students who are in foster care or are aging out of the foster care system, or other disconnected students.
• (d)
  • (1) A recipient of a grant that undertakes any of the permissible services identified in subsection (c) may, in addition, use such funds to provide grant aid to students. A grant provided under this paragraph shall not exceed the Federal Pell Grant amount, determined under section 1070a(b)(2)(A) of this title , for which a student is eligible, or be less than the minimum Federal Pell Grant amount described in section 1070a(b)(4) of this title , for the current academic year. In making grants to students under this subsection, an institution shall ensure that adequate consultation takes place between the student support service program office and the institution’s financial aid office.
  • (2) For purposes of receiving grant aid under this subsection, eligible students shall be current participants in the student support services program offered by the institution and be—
    • (A) students who are in their first 2 years of postsecondary education and who are receiving Federal Pell Grants under subpart 1 of part A; or
    • (B) students who have completed their first 2 years of postsecondary education and who are receiving Federal Pell Grants under subpart 1 if the institution demonstrates to the satisfaction of the Secretary that—
      • (i) these students are at high risk of dropping out; and
      • (ii) it will first meet the needs of all its eligible first- and second-year students for services under this paragraph.
  • (3) A grant provided to a student under paragraph (1) shall not be considered in determining that student’s need for grant or work assistance under this subchapter, except that in no case shall the total amount of student financial assistance awarded to a student under this subchapter exceed that student’s cost of attendance, as defined in section 1087 ll of this title.
  • (4) A recipient of a grant who uses such funds for the purpose described in paragraph (1) shall match the funds used for such purpose, in cash, from non-Federal funds, in an amount that is not less than 33 percent of the total amount of funds used for that purpose. This paragraph shall not apply to any grant recipient that is an institution of higher education eligible to receive funds under part A or B of subchapter III or subchapter V.
  • (5) In no event may a recipient use more than 20 percent of the funds received under this section for grant aid.
  • (6) Funds received by a grant recipient that are used under this subsection shall be used to supplement, and not supplant, non-Federal funds expended for student support services programs.
• (e) In approving applications for projects under this section for any fiscal year, the Secretary shall—
  • (1) require an assurance that not less than two-thirds of the persons participating in the project proposed to be carried out under any application—
    • (A) be individuals with disabilities; or
    • (B) be low-income individuals who are first generation college students;
  • (2) require an assurance that the remaining students participating in the project proposed to be carried out under any application be low-income individuals, first generation college students, or individuals with disabilities;
  • (3) require an assurance that not less than one-third of the individuals with disabilities participating in the project be low-income individuals;
  • (4) require that there be a determination by the institution, with respect to each participant in such project, that the participant has a need for academic support in order to pursue successfully a program of education beyond secondary school;
  • (5) require that such participants be enrolled or accepted for enrollment at the institution which is the recipient of the grant or contract; and
  • (6) consider, in addition to such other criteria as the Secretary may prescribe, the institution’s effort, and where applicable past history, in—
    • (A) providing sufficient financial assistance to meet the full financial need of each student in the project; and
    • (B) maintaining the loan burden of each such student at a manageable level.

§ 1070a–15. Postbaccalaureate achievement program authority

• (a) The Secretary shall carry out a program to be known as the “Ronald E. McNair Postbaccalaureate Achievement Program” that shall be designed to provide disadvantaged college students with effective preparation for doctoral study.
• (b) A project assisted under this section shall provide—
  • (1) opportunities for research or other scholarly activities at the institution or at graduate centers designed to provide students with effective preparation for doctoral study;
  • (2) summer internships;
  • (3) seminars and other educational activities designed to prepare students for doctoral study;
  • (4) tutoring;
  • (5) academic counseling; and
  • (6) activities designed to assist students participating in the project in securing admission to and financial assistance for enrollment in graduate programs.
• (c) A project assisted under this section may provide services such as—
  • (1) education or counseling services designed to improve the financial literacy and economic literacy of students, including financial planning for postsecondary education;
  • (2) mentoring programs involving faculty members at institutions of higher education, students, or any combination of such persons; and
  • (3) exposure to cultural events and academic programs not usually available to disadvantaged students.
• (d) In approving applications for projects assisted under this section for any fiscal year, the Secretary shall require—
  • (1) an assurance that not less than two-thirds of the individuals participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
  • (2) an assurance that the remaining persons participating in the project proposed to be carried out be from a group that is underrepresented in graduate education, including—
    • (A) Alaska Natives, as defined in section 7546 of this title ;
    • (B) Native Hawaiians, as defined in section 7517 of this title ; and
    • (C) Native American Pacific Islanders, as defined in section 1059g of this title ;
  • (3) an assurance that participants be enrolled in a degree program at an eligible institution having an agreement with the Secretary in accordance with the provisions of section 1094 of this title ; and
  • (4) an assurance that participants in summer research internships have completed their sophomore year in postsecondary education.
• (e) In addition to such other selection criteria as may be prescribed by regulations, the Secretary shall consider in making awards to institutions under this section—
  • (1) the quality of research and other scholarly activities in which students will be involved;
  • (2) the level of faculty involvement in the project and the description of the research in which students will be involved; and
  • (3) the institution’s plan for identifying and recruiting participants including students enrolled in projects authorized under this section.
• (f) Students participating in research under a project under this section may receive an award that—
  • (1) shall include a stipend not to exceed $2,800 per annum; and
  • (2) may include, in addition, the costs of summer tuition, summer room and board, and transportation to summer programs.
• (g) From amounts appropriated pursuant to the authority of section 1070a–11(g) of this title , the Secretary shall, to the extent practicable, allocate funds for projects authorized by this section in an amount which is not less than $11,000,000 for each of the fiscal years 2009 through 2014.

§ 1070a–16. Educational opportunity centers

• (a) The Secretary shall carry out a program to be known as educational opportunity centers which shall be designed—
  • (1) to provide information with respect to financial and academic assistance available for individuals desiring to pursue a program of postsecondary education;
  • (2) to provide assistance to such persons in applying for admission to institutions at which a program of postsecondary education is offered, including preparing necessary applications for use by admissions and financial aid officers; and
  • (3) to improve the financial literacy and economic literacy of students, including—
    • (A) basic personal income, household money management, and financial planning skills; and
    • (B) basic economic decisionmaking skills.
• (b) An educational opportunity center assisted under this section may provide services such as—
  • (1) public information campaigns designed to inform the community regarding opportunities for postsecondary education and training;
  • (2) academic advice and assistance in course selection;
  • (3) assistance in completing college admission and financial aid applications;
  • (4) assistance in preparing for college entrance examinations;
  • (5) education or counseling services designed to improve the financial literacy and economic literacy of students;
  • (6) guidance on secondary school reentry or entry to a general educational development (GED) program or other alternative education programs for secondary school dropouts;
  • (7) individualized personal, career, and academic counseling;
  • (8) tutorial services;
  • (9) career workshops and counseling;
  • (10) mentoring programs involving elementary or secondary school teachers, faculty members at institutions of higher education, students, or any combination of such persons; and
  • (11) programs and activities as described in paragraphs (1) through (10) that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 11434a of title 42 ), students who are in foster care or are aging out of the foster care system, or other disconnected students.
• (c) In approving applications for educational opportunity centers under this section for any fiscal year the Secretary shall—
  • (1) require an assurance that not less than two-thirds of the persons participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
  • (2) require that such participants be persons who are at least nineteen years of age, unless the imposition of such limitation with respect to any person would defeat the purposes of this section or the purposes of section 1070a–12 of this title ; and
  • (3) require an assurance that individuals participating in the project proposed in the application do not have access to services from another project funded under this section or under section 1070a–12 of this title .

§ 1070a–17. Staff development activities

• (a) For the purpose of improving the operation of the programs and projects authorized by this division, the Secretary is authorized to make grants to institutions of higher education and other public and private nonprofit institutions and organizations to provide training for staff and leadership personnel employed in, participating in, or preparing for employment in, such programs and projects.
• (b) Such training shall include conferences, internships, seminars, workshops, and the publication of manuals designed to improve the operation of such programs and projects and shall be carried out in the various regions of the Nation in order to ensure that the training opportunities are appropriate to meet the needs in the local areas being served by such programs and projects. Such training shall be offered annually for new directors of projects funded under this division as well as annually on the following topics and other topics chosen by the Secretary:
  • (1) Legislative and regulatory requirements for the operation of programs funded under this division.
  • (2) Assisting students in receiving adequate financial aid from programs assisted under this subchapter and other programs.
  • (3) The design and operation of model programs for projects funded under this division.
  • (4) The use of appropriate educational technology in the operation of projects assisted under this division.
  • (5) Strategies for recruiting and serving hard to reach populations, including students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 11434a of title 42 ), students who are in foster care or are aging out of the foster care system, or other disconnected students.
• (c) 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.

§ 1070a–18. Reports, evaluations, and grants for project improvement and dissemination

• (a)
  • (1) The Secretary shall submit annually, to the authorizing committees, a report that documents the performance of all programs funded under this division. Such report shall—
    • (A) be submitted not later than 12 months after the eligible entities receiving funds under this division are required to report their performance to the Secretary;
    • (B) focus on the programs’ performance on the relevant outcome criteria determined under section 1070a–11(f)(4) of this title ;
    • (C) aggregate individual project performance data on the outcome criteria in order to provide national performance data for each program;
    • (D) include, when appropriate, descriptive data, multi-year data, and multi-cohort data; and
    • (E) include comparable data on the performance nationally of low-income students, first-generation students, and students with disabilities.
  • (2) The Secretary shall provide, with each report submitted under paragraph (1), information on the impact of the secondary review process described in section 1070a–11(c)(8)(C)(iv) of this title , including the number and type of secondary reviews, the disposition of the secondary reviews, the effect on timing of awards, and any other information the Secretary determines is necessary.
• (b)
  • (1)
    • (A) For the purpose of improving the effectiveness of the programs and projects assisted under this division, the Secretary shall make grants to, or enter into contracts with, institutions of higher education and other public and private institutions and organizations to rigorously evaluate the effectiveness of the programs and projects assisted under this division, including a rigorous evaluation of the programs and projects assisted under section 1070a–13 of this title . The evaluation of the programs and projects assisted under section 1070a–13 of this title shall be implemented not later than June 30, 2010 .
    • (B) The evaluation of the programs and projects assisted under section 1070a–13 of this title that is described in subparagraph (A) shall examine the characteristics of the students who benefit most from the Upward Bound program under section 1070a–13 of this title and the characteristics of the programs and projects that most benefit students.
    • (C) Each evaluation described in this paragraph shall be implemented in accordance with the requirements of this section.
  • (2)
    • (A) The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are effective in—
      • (i) enhancing the access of low-income individuals and first-generation college students to postsecondary education;
      • (ii) the preparation of such individuals and students for postsecondary education; and
      • (iii) fostering the success of the individuals and students in postsecondary education.
    • (B) Any evaluation conducted under this division shall have as the evaluation’s primary purpose the identification of particular practices that further the achievement of the outcome criteria determined under section 1070a–11(f)(4) of this title .
    • (C) The Secretary shall disseminate to eligible entities and make available to the public the practices identified under subparagraph (B). The practices may be used by eligible entities that receive assistance under this division after the dissemination.
  • (3) The Secretary shall not require an eligible entity, as a condition for receiving, or that receives, assistance under any program or project under this division to participate in an evaluation under this section that—
    • (A) requires the eligible entity to recruit additional students beyond those the program or project would normally recruit; or
    • (B) results in the denial of services for an eligible student under the program or project.
  • (4) When designing an evaluation under this subsection, the Secretary shall continue to consider—
    • (A) the burden placed on the program participants or the eligible entity; and
    • (B) whether the evaluation meets generally accepted standards of institutional review boards.
• (c) The Secretary may award grants to institutions of higher education or other private and public institutions and organizations, that are carrying out a program or project assisted under this division prior to October 7, 1998 , to enable the institutions and organizations to expand and leverage the success of such programs or projects by working in partnership with other institutions, community-based organizations, or combinations of such institutions and organizations, that are not receiving assistance under this division and are serving low-income students and first generation college students, in order to—
  • (1) disseminate and replicate best practices of programs or projects assisted under this division; and
  • (2) provide technical assistance regarding programs and projects assisted under this division.
• (d) In order to improve overall program or project effectiveness, the results of evaluations and grants described in this section shall be disseminated by the Secretary to similar programs or projects assisted under this subpart, as well as other individuals concerned with postsecondary access for and retention of low-income individuals and first-generation college students.

§ 1070a–21. Early intervention and college awareness program authorized

• (a) The Secretary is authorized, in accordance with the requirements of this division, to establish a program that encourages eligible entities to provide support, and maintain a commitment, to eligible low-income students, including students with disabilities, to assist the students in obtaining a secondary school diploma (or its recognized equivalent) and to prepare for and succeed in postsecondary education, by providing—
  • (1) financial assistance, academic support, additional counseling, mentoring, outreach, and supportive services to secondary school students, including students with disabilities, to reduce—
    • (A) the risk of such students dropping out of school; or
    • (B) the need for remedial education for such students at the postsecondary level; and
  • (2) information to students and their families about the advantages of obtaining a postsecondary education and, college financing options for the students and their families.
• (b)
  • (1) From funds appropriated under section 1070a–28 of this title for each fiscal year, the Secretary shall make awards to eligible entities described in paragraphs (1) and (2) of subsection (c) to enable the entities to carry out the program authorized under subsection (a).
  • (2) The Secretary may award a grant under this division to an eligible entity described in paragraphs (1) and (2) of subsection (c) for—
    • (A) six years; or
    • (B) in the case of an eligible entity that applies for a grant under this division for seven years to enable the eligible entity to provide services to a student through the student’s first year of attendance at an institution of higher education, seven years.
  • (3) In making awards to eligible entities described in subsection (c)(1), the Secretary shall—
    • (A) give priority to eligible entities that—
      • (i) on the day before August 14, 2008 , carried out successful educational opportunity programs under this division (as this division was in effect on such day); and
      • (ii) have a prior, demonstrated commitment to early intervention leading to college access through collaboration and replication of successful strategies; and
    • (B) ensure that students served under this division on the day before August 14, 2008 , continue to receive assistance through the completion of secondary school.
• (c) For the purposes of this division, the term “eligible entity” means—
  • (1) a State; or
  • (2) a partnership—
    • (A) consisting of—
      • (i) one or more local educational agencies; and
      • (ii) one or more degree granting institutions of higher education; and
    • (B) which may include not less than two other community organizations or entities, such as businesses, professional organizations, State agencies, institutions or agencies sponsoring programs authorized under subpart 4, or other public or private agencies or organizations.

§ 1070a–22. Requirements

• (a) In awarding grants from the amount appropriated under section 1070a–28 of this title for a fiscal year, the Secretary shall make available—
  • (1) to eligible entities described in section 1070a–21(c)(1) of this title , not less than 33 percent of such amount;
  • (2) to eligible entities described in section 1070a–21(c)(2) of this title , not less than 33 percent of such amount; and
  • (3) to eligible entities described in paragraph (1) or (2) of section 1070a–21(c) of this title , the remainder of such amount taking into consideration the number, quality, and promise of the applications for the grants, and, to the extent practicable—
    • (A) the geographic distribution of such grant awards; and
    • (B) the distribution of such grant awards between urban and rural applicants.
• (b) Each eligible entity shall ensure that the activities assisted under this division are, to the extent practicable, coordinated with, and complement and enhance—
  • (1) services under this division provided by other eligible entities serving the same school district or State; and
  • (2) related services under other Federal or non-Federal programs.
• (c) An eligible entity described in section 1070a–21(c)(2) of this title shall designate an institution of higher education or a local educational agency as the fiscal agent for the eligible entity.
• (d)
  • (1) The Secretary shall require that eligible entities described in section 1070a–21(c)(2) of this title —
    • (A) provide services under this division to at least one grade level of students, beginning not later than 7th grade, in a participating school that has a 7th grade and in which at least 50 percent of the students enrolled are eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act [ 42 U.S.C. 1751 et seq.] (or, if an eligible entity determines that it would promote the effectiveness of a program, an entire grade level of students, beginning not later than the 7th grade, who reside in public housing as defined in section 1437a(b)(1) of title 42 );
    • (B) ensure that the services are provided through the 12th grade to students in the participating grade level and provide the option of continued services through the student’s first year of attendance at an institution of higher education to the extent the provision of such services was described in the eligible entity’s application for assistance under this division; and
    • (C) provide services under this division to students who have received services under a previous GEAR UP grant award but have not yet completed the 12th grade.
  • (2) In order for the Secretary to require the cohort approach described in paragraph (1), the Secretary shall, where applicable, ensure that the cohort approach is done in coordination and collaboration with existing early intervention programs and does not duplicate the services already provided to a school or community.
• (e) Grant funds awarded under this division shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities assisted under this division.

§ 1070a–23. Applications

• (a)
  • (1) In order for an eligible entity to qualify for a grant under this division, the eligible entity shall submit to the Secretary an application for carrying out the program under this division.
  • (2) Each application submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information or assurances, and be submitted at such time as the Secretary may reasonably require. Each such application shall, at a minimum—
    • (A) describe the activities for which assistance under this division is sought, including how the eligible entity will carry out the required activities described in section 1070a–24(a) of this title ;
    • (B) describe, in the case of an eligible entity described in section 1070a–21(c)(2) of this title that chooses to provide scholarships, or an eligible entity described in section 1070a–21(c)(1) of this title , how the eligible entity will meet the requirements of section 1070a–25 of this title ;
    • (C) describe, in the case of an eligible entity described in section 1070a–21(c)(2) of this title that requests a reduced match percentage under subsection (b)(2), how such reduction will assist the entity to provide the scholarships described in subsection (b)(2)(A)(ii);
    • (D) provide assurances that adequate administrative and support staff will be responsible for coordinating the activities described in section 1070a–24 of this title ;
    • (E) provide assurances that activities assisted under this division will not displace an employee or eliminate a position at a school assisted under this division, including a partial displacement such as a reduction in hours, wages, or employment benefits;
    • (F) describe, in the case of an eligible entity described in section 1070a–21(c)(1) of this title that chooses to use a cohort approach, or an eligible entity described in section 1070a–21(c)(2) of this title , how the eligible entity will define the cohorts of the students served by the eligible entity pursuant to section 1070a–22(d) of this title , and how the eligible entity will serve the cohorts through grade 12, including—
      • (i) how vacancies in the program under this division will be filled; and
      • (ii) how the eligible entity will serve students attending different secondary schools;
    • (G) describe how the eligible entity will coordinate programs under this division with other existing Federal, State, or local programs to avoid duplication and maximize the number of students served;
    • (H) provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this division;
    • (I) provide information about the activities that will be carried out by the eligible entity to support systemic changes from which future cohorts of students will benefit; and
    • (J) describe the sources of matching funds that will enable the eligible entity to meet the matching requirement described in subsection (b).
• (b)
  • (1) The Secretary shall not approve an application submitted under subsection (a) unless such application—
    • (A) provides that the eligible entity will provide, from State, local, institutional, or private funds, not less than 50 percent of the cost of the program, which matching funds may be provided in cash or in kind and may be accrued over the full duration of the grant award period, except that the eligible entity shall make substantial progress towards meeting the matching requirement in each year of the grant award period;
    • (B) specifies the methods by which matching funds will be paid; and
    • (C) includes provisions designed to ensure that funds provided under this division shall supplement and not supplant funds expended for existing programs.
  • (2) Notwithstanding the matching requirement described in paragraph (1)(A), the Secretary may by regulation modify the percentage requirement described in paragraph (1)(A) for eligible entities described in section 1070a–21(c)(2) of this title . The Secretary may approve an eligible entity’s request for a reduced match percentage—
    • (A) at the time of application—
      • (i) if the eligible entity demonstrates significant economic hardship that precludes the eligible entity from meeting the matching requirement; or
      • (ii) if the eligible entity is described in section 1070a–21(c)(2) of this title and requests that contributions to the eligible entity’s scholarship fund established under section 1070a–25 of this title be matched on a two to one basis; or
    • (B) in response to a petition by an eligible entity subsequent to a grant award under this section if the eligible entity demonstrates that the matching funds described in its application are no longer available and the eligible entity has exhausted all revenues for replacing such matching funds.
• (c) An eligible entity may count toward the matching requirement described in subsection (b)(1)(A)—
  • (1) the amount of the financial assistance obligated to students from State, local, institutional, or private funds under this division, including pre-existing non-Federal financial assistance programs, including—
    • (A) the amount contributed to a student scholarship fund established under section 1070a–25 of this title ; and
    • (B) the amount of the costs of administering the scholarship program under section 1070a–25 of this title ;
  • (2) the amount of tuition, fees, room or board waived or reduced for recipients of financial assistance under this division;
  • (3) the amount expended on documented, targeted, long-term mentoring and counseling provided by volunteers or paid staff of nonschool organizations, including businesses, religious organizations, community groups, postsecondary educational institutions, nonprofit and philanthropic organizations, and other organizations; and
  • (4) other resources recognized by the Secretary, including equipment and supplies, cash contributions from non-Federal sources, transportation expenses, in-kind or discounted program services, indirect costs, and facility usage.
• (d) The Secretary shall convene peer review panels to assist in making determinations regarding the awarding of grants under this division.

§ 1070a–24. Activities

• (a) Each eligible entity receiving a grant under this division shall provide comprehensive mentoring, outreach, and supportive services to students participating in the programs under this division. Such activities shall include the following:
  • (1) Providing information regarding financial aid for postsecondary education to participating students in the cohort described in section 1070a–22(d)(1)(A) of this title or to priority students described in subsection (d).
  • (2) Encouraging student enrollment in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level.
  • (3) Improving the number of participating students who—
    • (A) obtain a secondary school diploma; and
    • (B) complete applications for and enroll in a program of postsecondary education.
  • (4) In the case of an eligible entity described in section 1070a–21(c)(1) of this title , providing for the scholarships described in section 1070a–25 of this title .
• (b) An eligible entity that receives a grant under this division may use grant funds to carry out one or more of the following activities:
  • (1) Providing tutors and mentors, who may include adults or former participants of a program under this division, for eligible students.
  • (2) Conducting outreach activities to recruit priority students described in subsection (d) to participate in program activities.
  • (3) Providing supportive services to eligible students.
  • (4) Supporting the development or implementation of rigorous academic curricula, which may include college preparatory, Advanced Placement, or International Baccalaureate programs, and providing participating students access to rigorous core academic courses that reflect challenging State academic standards.
  • (5) Supporting dual or concurrent enrollment programs between the secondary school and institution of higher education partners of an eligible entity described in section 1070a–21(c)(2) of this title , and other activities that support participating students in—
    • (A) meeting challenging State academic standards;
    • (B) successfully applying for postsecondary education;
    • (C) successfully applying for student financial aid; and
    • (D) developing graduation and career plans.
  • (6) Providing special programs or tutoring in science, technology, engineering, or mathematics.
  • (7) In the case of an eligible entity described in section 1070a–21(c)(2) of this title , providing support for scholarships described in section 1070a–25 of this title .
  • (8) Introducing eligible students to institutions of higher education, through trips and school-based sessions.
  • (9) Providing an intensive extended school day, school year, or summer program that offers—
    • (A) additional academic classes; or
    • (B) assistance with college admission applications.
  • (10) Providing other activities designed to ensure secondary school completion and postsecondary education enrollment of at-risk children, such as—
    • (A) the identification of at-risk children;
    • (B) after-school and summer tutoring;
    • (C) assistance to at-risk children in obtaining summer jobs;
    • (D) academic counseling;
    • (E) financial literacy and economic literacy education or counseling;
    • (F) volunteer and parent involvement;
    • (G) encouraging former or current participants of a program under this division to serve as peer counselors;
    • (H) skills assessments;
    • (I) personal and family counseling, and home visits;
    • (J) staff development; and
    • (K) programs and activities described in this subsection that are specially designed for students who are limited English proficient.
  • (11) Enabling eligible students to enroll in Advanced Placement or International Baccalaureate courses, or college entrance examination preparation courses.
  • (12) Providing services to eligible students in the participating cohort described in section 1070a–22(d)(1)(A) of this title , through the first year of attendance at an institution of higher education.
  • (13) 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.
  • (14) 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 to eligible students, their families, and communities.
  • (15) In the event that matching funds described in the application are no longer available, engaging entities described in section 1070a–21(c)(2) of this title in a collaborative manner to provide matching resources and participate in other activities authorized under this section.
• (c) In addition to the required activities described in subsection (a) and the permissible activities described in subsection (b), an eligible entity described in section 1070a–21(c)(1) of this title receiving funds under this division may use grant funds to carry out one or more of the following activities:
  • (1) Providing technical assistance to—
    • (A) secondary schools that are located within the State; or
    • (B) partnerships described in section 1070a–21(c)(2) of this title that are located within the State.
  • (2) Providing professional development opportunities to individuals working with eligible cohorts of students described in section 1070a–22(d)(1)(A) of this title .
  • (3) Providing administrative support to help build the capacity of eligible entities described in section 1070a–21(c)(2) of this title to compete for and manage grants awarded under this division.
  • (4) Providing strategies and activities that align efforts in the State to prepare eligible students to attend and succeed in postsecondary education, which may include the development of graduation and career plans.
  • (5) Disseminating information on the use of scientifically valid research and best practices to improve services for eligible students.
  • (6)
    • (A) Disseminating information on effective coursework and support services that assist students in obtaining the goals described in subparagraph (B)(ii).
    • (B) Identifying and disseminating information on best practices with respect to—
      • (i) increasing parental involvement; and
      • (ii) preparing students, including students with disabilities and students who are limited English proficient, to succeed academically in, and prepare financially for, postsecondary education.
  • (7) Working to align State academic standards and curricula with the expectations of postsecondary institutions and employers.
  • (8) Developing alternatives to traditional secondary school that give students a head start on attaining a recognized postsecondary credential (including an industry-recognized certificate, an apprenticeship, or an associate’s or a bachelor’s degree), including school designs that give students early exposure to college-level courses and experiences and allow students to earn transferable college credits or an associate’s degree at the same time as a secondary school diploma.
  • (9) Creating community college programs for drop-outs that are personalized drop-out recovery programs that allow drop-outs to complete a regular secondary school diploma and begin college-level work.
• (d) For eligible entities not using a cohort approach, the eligible entity shall treat as a priority student any student in secondary school who is—
  • (1) eligible to be counted under section 6333(c) of this title ;
  • (2) eligible for assistance under a State program funded under part A or E of title IV of the Social Security Act ( 42 U.S.C. 601 et seq., 670 et seq.);
  • (3) eligible for assistance under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq.); or
  • (4) otherwise considered by the eligible entity to be a disconnected student.
• (e) In the case of eligible entities described in section 1070a–21(c)(1) of this title , the activities required by this section may be provided by service providers such as community-based organizations, schools, institutions of higher education, public and private agencies, nonprofit and philanthropic organizations, businesses, institutions and agencies sponsoring programs authorized under subpart 4, and other organizations the State determines appropriate.

§ 1070a–25. Scholarship component

• (a)
  • (1) In order to receive a grant under this division, an eligible entity described in section 1070a–21(c)(1) of this title shall establish or maintain a financial assistance program that awards scholarships to students in accordance with the requirements of this section. The Secretary shall encourage the eligible entity to ensure that a scholarship provided pursuant to this section is available to an eligible student for use at any institution of higher education.
  • (2) An eligible entity described in section 1070a–21(c)(2) of this title may award scholarships to eligible students in accordance with the requirements of this section.
• (b)
  • (1) Subject to paragraph (2), each eligible entity described in section 1070a–21(c)(1) of this title that receives a grant under this division shall use not less than 25 percent and not more than 50 percent of the grant funds for activities described in section 1070a–24 of this title (except for the activity described in subsection (a)(4) of such section), with the remainder of such funds to be used for a scholarship program under this section in accordance with such subsection.
  • (2) Notwithstanding paragraph (1), the Secretary may allow an eligible entity to use more than 50 percent of grant funds received under this division for such activities, if the eligible entity demonstrates that the eligible entity has another means of providing the students with the financial assistance described in this section and describes such means in the application submitted under section 1070a–23 of this title .
• (c) Each eligible entity providing scholarships under this section shall provide information on the eligibility requirements for the scholarships to all participating students upon the students’ entry into the programs assisted under this division.
• (d) The maximum amount of a scholarship that an eligible student shall be eligible to receive under this section shall be established by the eligible entity. The minimum amount of the scholarship for each fiscal year shall not be less than the minimum Federal Pell Grant award under section 1070a of this title for such award year.
• (e)
  • (1) Each eligible entity described in section 1070a–21(c)(1) of this title that receives a grant under this division shall hold in reserve, for the students served by such grant as described in section 1070a–22(d)(1)(A) or 1070a–24(d) of this title, an amount that is not less than the minimum scholarship amount described in subsection (d), multiplied by the number of students the eligible entity estimates will meet the requirements of paragraph (2).
  • (2) Funds held in reserve under paragraph (1) shall be made available to an eligible student when the eligible student has—
    • (A) completed a secondary school diploma, its recognized equivalent, or another recognized alternative standard for individuals with disabilities; and
    • (B) enrolled in an institution of higher education.
  • (3) Funds available to an eligible student under this subsection may be used for—
    • (A) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of the eligible student at an institution of higher education; and
    • (B) in the case of an eligible student with special needs, expenses for special needs services that are incurred in connection with such enrollment or attendance.
  • (4)
    • (A)
      • (i) Funds held in reserve under paragraph (1) that are not used by an eligible student within six years of the student’s scheduled completion of secondary school may be redistributed by the eligible entity to other eligible students.
      • (ii) If, after meeting the requirements of paragraph (1) and, if applicable, redistributing excess funds in accordance with clause (i) of this subparagraph, an eligible entity has funds held in reserve under paragraph (1) that remain available, the eligible entity shall return such remaining reserved funds to the Secretary for distribution to other grantees under this division in accordance with the funding rules described in section 1070a–22(a) of this title .
    • (B) Notwithstanding subparagraph (A), in the case of an eligible entity that does not receive assistance under this subpart for six fiscal years, the eligible entity shall return any funds held in reserve under paragraph (1) that are not awarded or obligated to eligible students to the Secretary for distribution to other grantees under this division.
• (f) Scholarships provided under this section shall not be considered for the purpose of awarding Federal grant assistance under this subchapter, except that in no case shall the total amount of student financial assistance awarded to a student under this subchapter exceed such student’s total cost of attendance.
• (g) A student eligible for assistance under this section is a student who—
  • (1) is less than 22 years old at time of first scholarship award under this section;
  • (2) receives a secondary school diploma or its recognized equivalent on or after January 1, 1993 ;
  • (3) is enrolled or accepted for enrollment in a program of undergraduate instruction at an institution of higher education that is located within the State’s boundaries, except that, at the State’s option, an eligible entity may offer scholarship program portability for recipients who attend institutions of higher education outside such State; and
  • (4) who participated in the activities required under section 1070a–24(a) of this title .

§ 1070a–26. 21st Century Scholar Certificates

• (a) An eligible entity that receives a grant under this division shall provide certificates, to be known as 21st Century Scholar Certificates, to all students served by the eligible entity who are participating in a program under this division.
• (b) A 21st Century Scholar Certificate shall be personalized for each student and indicate the amount of Federal financial aid for college and the estimated amount of any scholarship provided under section 1070a–25 of this title , if applicable, that a student may be eligible to receive.

§ 1070a–27. Evaluation and report

• (a) Each eligible entity receiving a grant under this division shall biennially evaluate the activities assisted under this division in accordance with the standards described in subsection (b) and shall submit to the Secretary a copy of such evaluation. The evaluation shall permit service providers to track eligible student progress during the period such students are participating in the activities and shall be consistent with the standards developed by the Secretary pursuant to subsection (b).
• (b) The Secretary shall prescribe standards for the evaluation described in subsection (a). Such standards shall—
  • (1) provide for input from eligible entities and service providers; and
  • (2) ensure that data protocols and procedures are consistent and uniform.
• (c) In order to evaluate and improve the impact of the activities assisted under this division, the Secretary shall, from not more than 0.75 percent of the funds appropriated under section 1070a–28 of this title for a fiscal year, award one or more grants, contracts, or cooperative agreements to or with public and private institutions and organizations, to enable the institutions and organizations to evaluate the effectiveness of the program and, as appropriate, disseminate the results of the evaluation. Such evaluation shall include a separate analysis of—
  • (1) the implementation of the scholarship component described in section 1070a–25 of this title ; and
  • (2) the use of methods for complying with matching requirements described in paragraphs (1) and (2) of section 1070a–23(c) of this title .
• (d) The Secretary shall biennially report to Congress regarding the activities assisted under this division and the evaluations conducted pursuant to this section.

§ 1070a–28. Authorization of appropriations

There are authorized to be appropriated to carry out this division $400,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.

§ 1070d–31. Statement of purpose

It is the purpose of this subpart to establish a Robert C. Byrd Honors Scholarship Program to promote student excellence and achievement and to recognize exceptionally able students who show promise of continued excellence.

§ 1070d–33. Scholarships authorized

• (a) The Secretary is authorized, in accordance with the provisions of this subpart, to make grants to States to enable the States to award scholarships to individuals who have demonstrated outstanding academic achievement and who show promise of continued academic achievement.
• (b) Scholarships under this section shall be awarded for a period of not less than 1 or more than 4 years during the first 4 years of study at any institution of higher education eligible to participate in any programs assisted under this subchapter. The State educational agency administering the program in a State shall have discretion to determine the period of the award (within the limits specified in the preceding sentence), except that—
  • (1) if the amount appropriated for this subpart for any fiscal year exceeds the amount appropriated for this subpart for fiscal year 1993, the Secretary shall identify to each State educational agency the number of scholarships available to that State under section 1070d–34(b) of this title that are attributable to such excess; and
  • (2) the State educational agency shall award not less than that number of scholarships for a period of 4 years.
• (c) A student awarded a scholarship under this subpart may attend any institution of higher education.
• (d) Individuals awarded scholarships under this subpart shall be known as “Byrd Scholars”.

§ 1070d–34. Allocation among States

• (a) From the sums appropriated pursuant to the authority of section 1070d–41 of this title for any fiscal year, the Secretary shall allocate to each State that has an agreement under section 1070d–35 of this title an amount equal to $1,500 multiplied by the number of scholarships determined by the Secretary to be available to such State in accordance with subsection (b).
• (b) The number of scholarships to be made available in a State for any fiscal year shall bear the same ratio to the number of scholarships made available to all States as the State’s population ages 5 through 17 bears to the population ages 5 through 17 in all the States, except that not less than 10 scholarships shall be made available to any State.
• (c) For the purpose of this section, the population ages 5 through 17 in a State and in all the States shall be determined by the most recently available data, satisfactory to the Secretary, from the Bureau of the Census.
• (d) Notwithstanding section 1469a of title 48 , funds allocated under this part to an Insular Area described in that section shall be deemed to be direct payments to classes of individuals, and the Insular Area may not consolidate such funds with other funds received by the Insular Area from any department or agency of the United States Government.
• (e)
  • (1) Notwithstanding any other provision of this subpart, in the case of students from the Freely Associated States who may be selected to receive a scholarship under this subpart for the first time for any of the fiscal years 2000 through 2004—
    • (A) there shall be 10 scholarships in the aggregate awarded to such students for each of the fiscal years 2000 through 2004; and
    • (B) the Pacific Regional Educational Laboratory shall administer the program under this subpart in the case of scholarships for students in the Freely Associated States.
  • (2) A student from the Freely Associated States shall not be eligible to receive a scholarship under this subpart after September 30, 2004 .

§ 1070d–35. Agreements

The Secretary shall enter into an agreement with each State desiring to participate in the scholarship program authorized by this subpart. Each such agreement shall include provisions designed to assure that—

• (1) the State educational agency will administer the scholarship program authorized by this subpart in the State;
• (2) the State educational agency will comply with the eligibility and selection provisions of this subpart;
• (3) the State educational agency will conduct outreach activities to publicize the availability of scholarships under this subpart to all eligible students in the State, with particular emphasis on activities designed to assure that students from low-income and moderate-income families have access to the information on the opportunity for full participation in the scholarship program authorized by this subpart; and
• (4) the State educational agency will pay to each individual in the State who is awarded a scholarship under this subpart $1,500.

§ 1070d–36. Eligibility of scholars

• (a) Each student awarded a scholarship under this subpart shall be a graduate of a public or private secondary school (or a home school, whether treated as a home school or a private school under State law) or have the equivalent of a certificate of graduation as recognized by the State in which the student resides and must have been admitted for enrollment at an institution of higher education.
• (b) Each student awarded a scholarship under this subpart must demonstrate outstanding academic achievement and show promise of continued academic achievement.

§ 1070d–37. Selection of scholars

• (a) The State educational agency is authorized to establish the criteria for the selection of scholars under this subpart.
• (b) The State educational agency shall adopt selection procedures designed to ensure an equitable geographic distribution of awards within the State (and in the case of the Federated States of Micronesia, the Republic of the Marshall Islands, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or Palau (until such time as the Compact of Free Association is ratified), not to exceed 10 individuals will be selected from such entities).
• (c) In carrying out its responsibilities under subsections (a) and (b), the State educational agency shall consult with school administrators, school boards, teachers, counselors, and parents.
• (d) The selection process shall be completed, and the awards made, prior to the end of each secondary school academic year.

§ 1070d–38. Stipends and scholarship conditions

• (a) Each student awarded a scholarship under this subpart shall receive a stipend of $1,500 for the academic year of study for which the scholarship is awarded, except that in no case shall the total amount of financial aid awarded to such student exceed such student’s total cost-of-attendance.
• (b) The State educational agency shall establish procedures to assure that a scholar awarded a scholarship under this subpart pursues a course of study at an institution of higher education.

§ 1070d–40. Construction of needs provisions

Except as provided in section 1087kk of this title , nothing in this subpart, or any other Act, shall be construed to permit the receipt of a scholarship under this subpart to be counted for any needs test in connection with the awarding of any grant or the making of any loan under this chapter or any other provision of Federal law relating to educational assistance.

§ 1070d–41. Authorization of appropriations

There are authorized to be appropriated for this subpart such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

§ 1087–51. Purpose; appropriations authorized

• (a) The purpose of this part is to stimulate and promote the part-time employment of students who are enrolled as undergraduate, graduate, or professional students and who are in need of earnings from employment to pursue courses of study at eligible institutions, and to encourage students receiving Federal student financial assistance to participate in community service activities that will benefit the Nation and engender in the students a sense of social responsibility and commitment to the community.
• (b) There are authorized to be appropriated to carry out this part, such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
• (c) For purposes of this part, the term “community services” means services which are identified by an institution of higher education, through formal or informal consultation with local nonprofit, governmental, and community-based organizations, as designed to improve the quality of life for community residents, particularly low-income individuals, or to solve particular problems related to their needs, including—
  • (1) such fields as health care, child care (including child care services provided on campus that are open and accessible to the community), literacy training, education (including tutorial services), welfare, social services, transportation, housing and neighborhood improvement, public safety, emergency preparedness and response, crime prevention and control, recreation, rural development, and community improvement;
  • (2) work in a project, as defined in section 12511(20) 1 1 See References in Text note below. of title 42;
  • (3) support services to students with disabilities, including students with disabilities who are enrolled at the institution; and
  • (4) activities in which a student serves as a mentor for such purposes as—
    • (A) tutoring;
    • (B) supporting educational and recreational activities; and
    • (C) counseling, including career counseling.

§ 1087–52. Allocation of funds

• (a)
  • (1) From the amount appropriated pursuant to section 1087–51(b) of this title for each fiscal year, the Secretary shall first allocate to each eligible institution for each succeeding fiscal year, an amount equal to 100 percent of the amount such institution received under subsections (a) and (b) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year).
  • (2)
    • (A) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this part after fiscal year 1999 but is not a first or second time participant, an amount equal to the greater of—
      • (i) $5,000; or
      • (ii) 90 percent of the amount received and used under this part for the first year it participated in the program.
    • (B) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this part after fiscal year 1999 and is a first or second time participant, an amount equal to the greatest of—
      • (i) $5,000;
      • (ii) an amount equal to (I) 90 percent of the amount received and used under this part in the second preceding fiscal year by eligible institutions offering comparable programs of instruction, divided by (II) the number of students enrolled at such comparable institutions in such fiscal year, multiplied by (III) the number of students enrolled at the applicant institution in such fiscal year; or
      • (iii) 90 percent of the institution’s allocation under this part for the preceding fiscal year.
    • (C) Notwithstanding subparagraphs (A) and (B) of this paragraph, the Secretary shall allocate to each eligible institution which—
      • (i) was a first-time participant in the program in fiscal year 2000 or any subsequent fiscal year, and
      • (ii) received a larger amount under this subsection in the second year of participation,
  • (3)
    • (A) If the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under paragraph (1) of this subsection, then the amount of the allocation to each such institution shall be ratably reduced.
    • (B) If the amount appropriated for any fiscal year is more than the amount required to be allocated to all institutions under paragraph (1) but less than the amount required to be allocated to all institutions under paragraph (2), then—
      • (i) the Secretary shall allot the amount required to be allocated to all institutions under paragraph (1), and
      • (ii) the amount of the allocation to each institution under paragraph (2) shall be ratably reduced.
    • (C) If additional amounts are appropriated for any such fiscal year, such reduced amounts shall be increased on the same basis as they were reduced (until the amount allocated equals the amount required to be allocated under paragraphs (1) and (2) of this subsection).
  • (4)
    • (A) Notwithstanding any other provision of this section, the Secretary may allocate an amount equal to not more than 10 percent of the amount by which the amount appropriated in any fiscal year to carry out this part exceeds $700,000,000 among eligible institutions described in subparagraph (B).
    • (B) In order to receive an allocation pursuant to subparagraph (A) an institution shall be an eligible institution from which 50 percent or more of the Pell Grant recipients attending such eligible institution graduate or transfer to a 4-year institution of higher education.
• (b)
  • (1) From the remainder of the amount appropriated pursuant to section 1087–51(b) of this title after making the allocations required by subsection (a) of this section, the Secretary shall allocate to each eligible institution which has an excess eligible amount an amount which bears the same ratio to such remainder as such excess eligible amount bears to the sum of the excess eligible amounts of all such eligible institutions (having such excess eligible amounts).
  • (2) For any eligible institution, the excess eligible amount is the amount, if any, by which—
    • (A)
      • (i) the amount of that institution’s need (as determined under subsection (c) of this section), divided by (ii) the sum of the need of all institutions (as so determined), multiplied by (iii) the amount appropriated pursuant to section 1087–51(b) of this title for the fiscal year; exceeds
    • (B) the amount required to be allocated to that institution under subsection (a) of this section.
• (c)
  • (1) The amount of an institution’s need is equal to the sum of the self-help need of the institution’s eligible undergraduate students and the self-help need of the institution’s eligible graduate and professional students.
  • (2) To determine the self-help need of an institution’s eligible undergraduate students, the Secretary shall—
    • (A) establish various income categories for dependent and independent undergraduate students;
    • (B) establish an expected family contribution for each income category of dependent and independent undergraduate students, determined on the basis of the average expected family contribution (computed in accordance with part F of this subchapter of a representative sample within each income category for the second preceding fiscal year;
    • (C) compute 25 percent of the average cost of attendance for all undergraduate students;
    • (D) multiply the number of eligible dependent students in each income category by the lesser of—
      • (i) 25 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or
      • (ii) the average cost of attendance for all undergraduate students minus the expected family contribution determined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;
    • (E) add the amounts determined under subparagraph (D) for each income category of dependent students; and
    • (F) multiply the number of eligible independent students in each income category by the lesser of—
      • (i) 25 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or
      • (ii) the average cost of attendance for all undergraduate students minus the expected family contribution determined under subparagraph (B) for that income category, except that the amount computed by such subtraction for any income category shall not be less than zero;
    • (G) add the amounts determined under subparagraph (F) for each income category of independent students; and
    • (H) add the amounts determined under subparagraphs (E) and (G).
  • (3) To determine the self-help need of an institution’s eligible graduate and professional students, the Secretary shall—
    • (A) establish various income categories of graduate and professional students;
    • (B) establish an expected family contribution for each income category of graduate and professional students, determined on the basis of the average expected family contribution (computed in accordance with part F of this subchapter of a representative sample within each income category for the second preceding fiscal year;
    • (C) determine the average cost of attendance for all graduate and professional students;
    • (D) subtract from the average cost of attendance for all graduate and professional students (determined under subparagraph (C)), the expected family contribution (determined under subparagraph (B)) for each income category, except that the amount computed by such subtraction for any income category shall not be less than zero;
    • (E) multiply the amounts determined under subparagraph (D) by the number of eligible students in each category; and
    • (F) add the amounts determined under subparagraph (E) of this paragraph for each income category.
  • (4)
    • (A) For purposes of paragraphs (2) and (3), the term “average cost of attendance” means the average of the attendance costs for undergraduate students and for graduate and professional students, which shall include (i) tuition and fees determined in accordance with subparagraph (B), (ii) standard living expenses determined in accordance with subparagraph (C), and (iii) books and supplies determined in accordance with subparagraph (D).
    • (B) The average undergraduate and graduate and professional tuition and fees described in subparagraph (A)(i) shall be computed on the basis of information reported by the institution to the Secretary, which shall include (i) total revenue received by the institution from undergraduate and graduate tuition and fees for the second year preceding the year for which it is applying for an allocation, and (ii) the institution’s enrollment for such second preceding year.
    • (C) The standard living expense described in subparagraph (A)(ii) is equal to 150 percent of the difference between the income protection allowance for a family of five with one in college and the income protection allowance for a family of six with one in college for a single independent student.
    • (D) The allowance for books and supplies described in subparagraph (A)(iii) is equal to $600.
• (d)
  • (1) If institutions return to the Secretary any portion of the sums allocated to such institutions under this section for any fiscal year, the Secretary shall reallot such excess to eligible institutions which used at least 5 percent of the total amount of funds granted to such institution under this section to compensate students employed in tutoring in reading and family literacy activities in the preceding fiscal year. Such excess funds shall be reallotted to institutions which qualify under this subsection on the same basis as excess eligible amounts are allocated to institutions pursuant to subsection (b) of this section. Funds received by institutions pursuant to this subsection shall be used to compensate students employed in community service.
  • (2) If, under paragraph (1) of this subsection, an institution returns more than 10 percent of its allocation, the institution’s allocation for the next fiscal year shall be reduced by the amount returned. The Secretary may waive this paragraph for a specific institution if the Secretary finds that enforcing this paragraph would be contrary to the interest of the program.
• (e) The Secretary shall, from time to time, set dates before which institutions must file applications for allocations under this part.

§ 1087–53. Grants for Federal work-study programs

• (a) The Secretary is authorized to enter into agreements with institutions of higher education under which the Secretary will make grants to such institutions to assist in the operation of work-study programs as provided in this part.
• (b) An agreement entered into pursuant to this section shall—
  • (1) provide for the operation by the institution of a program for the part-time employment, including internships, practica, or research assistantships as determined by the Secretary, of its students in work for the institution itself, work in community service or work in the public interest for a Federal, State, or local public agency or private nonprofit organization under an arrangement between the institution and such agency or organization, and such work—
    • (A) will not result in the displacement of employed workers or impair existing contracts for services;
    • (B) will be governed by such conditions of employment as will be appropriate and reasonable in light of such factors as type of work performed, geographical region, and proficiency of the employee;
    • (C) does not involve the construction, operation, or maintenance of so much of any facility as is used or is to be used for sectarian instruction or as a place for religious worship; and
    • (D) will not pay any wage to students employed under this subpart 1 1 So in original. Probably should be “part”. that is less than the current Federal minimum wage as mandated by section 206 of title 29 ;
  • (2) provide that funds granted an institution of higher education, pursuant to this section, may be used only to make payments to students participating in work-study programs, except that—
    • (A) for fiscal year 2000 and succeeding fiscal years, an institution shall use at least 7 percent of the total amount of funds granted to such institution under this section for such fiscal year to compensate students employed in community service, and shall ensure that not less than 1 tutoring or family literacy project (as described in subsection (d) of this section) is included in meeting the requirement of this subparagraph, except that the Secretary may waive this subparagraph if the Secretary determines that enforcing this subparagraph would cause hardship for students at the institution; and
    • (B) an institution may use a portion of the sums granted to it to meet administrative expenses in accordance with section 1096 of this title , may use a portion of the sums granted to it to meet the cost of a job location and development program in accordance with section 1087–56 of this title , and may transfer funds in accordance with the provisions of section 1095 of this title ;
  • (3) provide that in the selection of students for employment under such work-study program, only students who demonstrate financial need in accordance with part F of this subchapter and meet the requirements of section 1091 of this title will be assisted, except that if the institution’s grant under this part is directly or indirectly based in part on the financial need demonstrated by students who are (A) attending the institution on less than a full-time basis, or (B) independent students, a reasonable portion of the grant shall be made available to such students;
  • (4) provide that for a student employed in a work-study program under this part, at the time income derived from any need-based employment is in excess of the determination of the amount of such student’s need by more than $300, continued employment shall not be subsidized with funds appropriated under this part;
  • (5) provide that the Federal share of the compensation of students employed in the work-study program in accordance with the agreement shall not exceed 75 percent, except that—
    • (A) the Federal share may exceed 75 percent, but not exceed 90 percent, if, consistent with regulations of the Secretary—
      • (i) the student is employed at a nonprofit private organization or a government agency that—
        • (I) is not a part of, and is not owned, operated, or controlled by, or under common ownership, operation, or control with, the institution;
        • (II) is selected by the institution on an individual case-by-case basis for such student; and
        • (III) would otherwise be unable to afford the costs of such employment; and
      • (ii) not more than 10 percent of the students compensated through the institution’s grant under this part during the academic year are employed in positions for which the Federal share exceeds 75 percent; and
    • (B) the Federal share may exceed 75 percent if the Secretary determines, pursuant to regulations promulgated by the Secretary establishing objective criteria for such determinations, that a Federal share in excess of such amounts is required in furtherance of the purpose of this part;
  • (6) include provisions to make employment under such work-study program reasonably available (to the extent of available funds) to all eligible students in the institution in need thereof;
  • (7) provide assurances that employment made available from funds under this part will, to the maximum extent practicable, complement and reinforce the educational program or vocational goals of each student receiving assistance under this part;
  • (8) provide assurances, in the case of each proprietary institution, that students attending the proprietary institution receiving assistance under this part who are employed by the institution may be employed in jobs—
    • (A) that are only on campus and that—
      • (i) to the maximum extent practicable, complement and reinforce the education programs or vocational goals of such students; and
      • (ii) furnish student services that are directly related to the student’s education, as determined by the Secretary pursuant to regulations, except that no student shall be employed in any position that would involve the solicitation of other potential students to enroll in the school; or
    • (B) in community service in accordance with paragraph (2)(A) of this subsection;
  • (9) provide assurances that employment made available from funds under this part may be used to support programs for supportive services to students with disabilities;
  • (10) provide assurances that the institution will inform all eligible students of the opportunity to perform community service, and will consult with local nonprofit, governmental, and community-based organizations to identify such opportunities; and
  • (11) include such other reasonable provisions as the Secretary shall deem necessary or appropriate to carry out the purpose of this part.
• (c) As part of its agreement agreement 2 2 So in original. described in subsection (b) of this section, an institution of higher education may, at its option, enter into an additional agreement with the Secretary which shall—
  • (1) provide for the operation by the institution of a program of part-time employment of its students in work for a private for-profit organization under an arrangement between the institution and such organization that complies with the requirements of subparagraphs (A) through (D) of subsection (b)(1) of this section and subsection (b)(3) of this section;
  • (2) provide that the institution will use not more than 25 percent of the funds made available to such institution under this part for any fiscal year for the operation of the program described in paragraph (1);
  • (3) provide that, notwithstanding subsection (b)(5) of this section, the Federal share of the compensation of students employed in such program will not exceed 60 percent for academic years 1987–1988 and 1988–1989, 55 percent for academic year 1989–1990, and 50 percent for academic year 1990–1991 and succeeding academic years, and that the non-Federal share of such compensation will be provided by the private for-profit organization in which the student is employed;
  • (4) provide that jobs under the work study program will be academically relevant, to the maximum extent practicable; and
  • (5) provide that the for-profit organization will not use funds made available under this part to pay any employee who would otherwise be employed by the organization.
• (d)
  • (1) In any academic year to which subsection (b)(2)(A) applies, an institution shall ensure that funds granted to such institution under this section are used in accordance with such subsection to compensate (including compensation for time spent in training and travel directly related to tutoring in reading and family literacy activities) students—
    • (A) employed as reading tutors for children who are preschool age or are in elementary school; or
    • (B) employed in family literacy projects.
  • (2) To the extent practicable, an institution shall—
    • (A) give priority to the employment of students in the provision of tutoring in reading in schools that are participating in a reading reform project that—
      • (i) is designed to train teachers how to teach reading on the basis of scientifically-based research on reading; and
      • (ii) is funded under the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6301 et seq.]; and
    • (B) ensure that any student compensated with the funds described in paragraph (1) who is employed in a school participating in a reading reform project described in subparagraph (A) receives training from the employing school in the instructional practices used by the school.
  • (3) The Federal share of the compensation of work-study students compensated under this subsection may exceed 75 percent.
• (e)
  • (1) Funds granted to an institution under this section may be used to compensate (including compensation for time spent in training and travel directly related to civic education and participation activities) students employed in projects that—
    • (A) teach civics in schools;
    • (B) raise awareness of government functions or resources; or
    • (C) increase civic participation.
  • (2) To the extent practicable, an institution shall—
    • (A) give priority to the employment of students participating in projects that educate or train the public about evacuation, emergency response, and injury prevention strategies relating to natural disasters, acts of terrorism, and other emergency situations; and
    • (B) ensure that any student compensated with the funds described in paragraph (1) receives appropriate training to carry out the educational services required.
  • (3) The Federal share of the compensation of work-study students compensated under this subsection may exceed 75 percent.

§ 1087–54. Sources of matching funds

Nothing in this part shall be construed as restricting the source (other than this part) from which the institution may pay its share of the compensation of a student employed under a work-study program covered by an agreement under this part, and such share may be paid to such student in the form of services and equipment (including tuition, room, board, and books) furnished by such institution.

§ 1087–55. Flexible use of funds

• (a)
  • (1) Of the sums granted to an eligible institution under this part for any fiscal year, 10 percent may, at the discretion of the institution, remain available for expenditure during the succeeding fiscal year to carry out programs under this part.
  • (2) Any of the sums so granted to an institution for a fiscal year which are not needed by that institution to operate work-study programs during that fiscal year, and which it does not wish to use during the next fiscal year as authorized in the preceding sentence, shall remain available to the Secretary for making grants under section 1087–53 of this title to other institutions in the same State until the close of the second fiscal year next succeeding the fiscal year for which such funds were appropriated.
• (b)
  • (1) Up to 10 percent of the sums the Secretary determines an eligible institution may receive from funds which have been appropriated for a fiscal year may be used by the Secretary to make grants under this part to such institution for expenditure during the fiscal year preceding the fiscal year for which the sums were appropriated.
  • (2) An eligible institution may make payments to students of wages earned after the end of the academic year, but prior to the beginning of the succeeding fiscal year, from such succeeding fiscal year’s appropriations.
• (c) An eligible institution may, upon the request of a student, make payments to the student under this part by crediting the student’s account at the institution or by making a direct deposit to the student’s account at a depository institution. An eligible institution may only credit the student’s account at the institution for (1) tuition and fees, (2) in the case of institutionally owned housing, room and board, and (3) other institutionally provided goods and services.
• (d)
  • (1) In the event of a major disaster, an eligible institution located in any area affected by such major disaster, as determined by the Secretary, may make payments under this part to disaster-affected students, for the period of time (not to exceed one academic year) in which the disaster-affected students were prevented from fulfilling the students’ work-study obligations as described in paragraph (2)(A)(iii), as follows:
    • (A) Payments may be made under this part to disaster-affected students in an amount equal to or less than the amount of wages such students would have been paid under this part had the students been able to complete the work obligation necessary to receive work study funds.
    • (B) Payments shall not be made to any student who was not eligible for work study or was not completing the work obligation necessary to receive work study funds under this part prior to the occurrence of the major disaster.
    • (C) Any payments made to disaster-affected students under this subsection shall meet the matching requirements of section 1087–53 of this title , unless such matching requirements are waived by the Secretary.
  • (2) In this subsection:
    • (A) The term “disaster-affected student” means a student enrolled at an eligible institution who—
      • (i) received a work-study award under this section for the academic year during which a major disaster occurred;
      • (ii) earned Federal work-study wages from such eligible institution for such academic year;
      • (iii) was prevented from fulfilling the student’s work-study obligation for all or part of such academic year due to such major disaster; and
      • (iv) was unable to be reassigned to another work-study job.
    • (B) The term “major disaster” has the meaning given such term in section 5122(2) of title 42 .

§ 1087–56. Job location and development programs

• (a)
  • (1) The Secretary is authorized to enter into agreements with eligible institutions under which such institution may use not more than 10 percent or $75,000 of its allotment under section 1087–52 of this title , whichever is less, to establish or expand a program under which such institution, separately or in combination with other eligible institutions, locates and develops jobs, including community service jobs, for currently enrolled students.
  • (2) Jobs located and developed under this section shall be jobs that are suitable to the scheduling and other needs of such students and that, to the maximum extent practicable, complement and reinforce the educational programs or vocational goals of such students.
• (b) Agreements under subsection (a) of this section shall—
  • (1) provide that the Federal share of the cost of any program under this section will not exceed 80 percent of such cost;
  • (2) provide satisfactory assurance that funds available under this section will not be used to locate or develop jobs at an eligible institution;
  • (3) provide satisfactory assurance that funds available under this section will not be used for the location or development of jobs for students to obtain upon graduation, but rather for the location and development of jobs available to students during and between periods of attendance at such institution;
  • (4) provide satisfactory assurance that the location or development of jobs pursuant to programs assisted under this section will not result in the displacement of employed workers or impair existing contracts for services;
  • (5) provide satisfactory assurance that Federal funds used for the purpose of this section can realistically be expected to help generate student wages exceeding, in the aggregate, the amount of such funds, and that if such funds are used to contract with another organization, appropriate performance standards are part of such contract; and
  • (6) provide that the institution will submit to the Secretary an annual report on the uses made of funds provided under this section and an evaluation of the effectiveness of such program in benefiting the students of such institution.

§ 1087–57. Additional funds to conduct community service work-study programs

• (a) Each institution participating under this part may use up to 10 percent of the funds made available under section 1096(a) of this title and attributable to the amount of the institution’s expenditures under this part to conduct that institution’s program of community service-learning, including—
  • (1) development of mechanisms to assure the academic quality of the student experience,
  • (2) assuring student access to educational resources, expertise, and supervision necessary to achieve community service objectives, and
  • (3) collaboration with public and private nonprofit agencies, and programs assisted under the National and Community Service Act of 1990 [ 42 U.S.C. 12501 et seq.] in the planning, development, and administration of such programs.
• (b)
  • (1) In addition to funds made available under section 1087–53(b)(2)(A) of this title , the Secretary is authorized to award grants to institutions participating under this part to supplement off-campus community service employment.
  • (2) An institution shall ensure that funds granted to such institution under this subsection are used in accordance with section 1087–53(b)(2)(A) of this title to recruit and compensate students (including compensation for time spent in training and for travel directly related to such community service).
  • (3) In awarding grants under this subsection, the Secretary shall give priority to applications that support postsecondary students assisting with early childhood education activities and activities in preparation for emergencies and natural disasters.
  • (4) There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

§ 1087–58. Work colleges

• (a) The purpose of this section is to recognize, encourage, and promote the use of comprehensive work-learning-service programs as a valuable educational approach when it is an integral part of the institution’s educational program and a part of a financial plan which decreases reliance on grants and loans.
• (b)
  • (1) In addition to the sums appropriated under subsection (f) of this section, funds allocated to the institution under this part and part E of this subchapter may be transferred for use under this section to provide flexibility in strengthening the self-help-through-work element in financial aid packaging.
  • (2) From the sums appropriated pursuant to subsection (f) of this section, and from the funds available under paragraph (1), eligible institutions may, following approval of an application under subsection (c) of this section by the Secretary—
    • (A) support the educational costs of qualified students through self-help payments or credits provided under the work-learning-service program of the institution within the limits of part F of this subchapter;
    • (B) promote the work-learning-service experience as a tool of postsecondary education, financial self-help and community service-learning opportunities;
    • (C) carry out activities described in section 1087–53 or 1087–56 of this title;
    • (D) be used for the administration, development and assessment of comprehensive work-learning-service programs, including—
      • (i) community-based work-learning-service alternatives that expand opportunities for community service and career-related work; and
      • (ii) alternatives that develop sound citizenship, encourage student persistence, and make optimum use of assistance under this part in education and student development;
    • (E) coordinate and carry out joint projects and activities to promote work service learning; and
    • (F) carry out a comprehensive, longitudinal study of student academic progress and academic and career outcomes, relative to student self-sufficiency in financing their higher education, repayment of student loans, continued community service, kind and quality of service performed, and career choice and community service selected after graduation.
• (c) Each eligible institution may submit an application for funds authorized by subsection (f) of this section to use funds under subsection (b)(1) of this section at such time and in such manner as the Secretary, by regulation, may reasonably require.
• (d) Funds made available to work-colleges pursuant to this section shall be matched on a dollar-for-dollar basis from non-Federal sources.
• (e) For the purpose of this section—
  • (1) the term “work college” means an eligible institution that—
    • (A) has been a public or private nonprofit, four-year, degree-granting institution with a commitment to community service;
    • (B) has operated a comprehensive work-learning-service program for at least two years;
    • (C) requires 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 five hours each week, or at least 80 hours during each period of enrollment, except summer school, unless the student is engaged in an institutionally organized or approved study abroad or externship program; and
    • (D) provides students participating in the comprehensive work-learning-service program with the opportunity to contribute to their education and to the welfare of the community as a whole; and
  • (2) the term “comprehensive student work-learning-service program” means a student work-learning-service program that—
    • (A) is an integral and stated part of the institution’s educational philosophy and program;
    • (B) requires participation of all resident students for enrollment and graduation;
    • (C) includes learning objectives, evaluation, and a record of work performance as part of the student’s college record;
    • (D) provides programmatic leadership by college personnel at levels comparable to traditional academic programs;
    • (E) recognizes the educational role of work-learning-service supervisors; and
    • (F) includes consequences for nonperformance or failure in the work-learning-service program similar to the consequences for failure in the regular academic program.
• (f) There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

§ 1001. General definition of institution of higher education

• (a) For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
  • (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title ;
  • (2) is legally authorized within such State to provide a program of education beyond secondary education;
  • (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
  • (4) is a public or other nonprofit institution; and
  • (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an 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.
• (b) For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
  • (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a); and
  • (2) a public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1), admits as regular students individuals—
    • (A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or
    • (B) who will be dually or concurrently enrolled in the institution and a secondary school.
• (c) For purposes of this section and section 1002 of this title , 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 subchapter IV, to be reliable authority as to the quality of the education or training offered.

§ 1002. Definition of institution of higher education for purposes of student assistance programs

• (a)
  • (1) Subject to paragraphs (2) through (4) of this subsection, the term “institution of higher education” for purposes of subchapter IV includes, in addition to the institutions covered by the definition in section 1001 of this title —
    • (A) a proprietary institution of higher education (as defined in subsection (b) of this section);
    • (B) a postsecondary vocational institution (as defined in subsection (c) of this section); and
    • (C) only for the purposes of part D of subchapter IV, an institution outside the United States that is comparable to an institution of higher education as defined in section 1001 of this title and that has been approved by the Secretary for the purpose of part D of subchapter IV, consistent with the requirements of section 1087b(d) of this title .
  • (2)
    • (A) For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 1001 of this title (except that a graduate medical school, nursing school, or a veterinary school, located outside the United States shall not be required to meet the requirements of section 1001(a)(4) of this title ). Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made under part D of subchapter IV unless—
      • (i) except as provided in subparagraph (B)(iii)(IV), in the case of a graduate medical school located outside the United States—
        • (I)
        • (II) the institution—
      • (ii) in the case of a veterinary school located outside the United States that does not meet the requirements of section 1001(a)(4) of this title , the institution’s students complete their clinical training at an approved veterinary school located in the United States; or
      • (iii) in the case of a nursing school located outside of the United States—
        • (I) the nursing school has an agreement with a hospital, or accredited school of nursing (as such terms are defined in section 296 of title 42 ), located in the United States that requires the students of the nursing school to complete the students’ clinical training at such hospital or accredited school of nursing;
        • (II) the nursing school has an agreement with an accredited school of nursing located in the United States providing that the students graduating from the nursing school located outside of the United States also receive a degree from the accredited school of nursing located in the United States;
        • (III) the nursing school certifies only Federal Direct Stafford Loans under section 1087e(a)(2)(A) of this title , Federal Direct Unsubsidized Stafford Loans under section 1087e(a)(2)(D) of this title , or Federal Direct PLUS Loans under section 1087e(a)(2)(B) of this title for students attending the institution;
        • (IV) the nursing school reimburses the Secretary for the cost of any loan defaults for current and former students included in the calculation of the institution’s cohort default rate during the previous fiscal year; and
        • (V) not less than 75 percent of the individuals who were students or graduates of the nursing school, and who took the National Council Licensure Examination for Registered Nurses in the year preceding the year for which the institution is certifying a Federal Direct Stafford Loan under section 1087e(a)(2)(A) of this title , a Federal Direct Unsubsidized Stafford Loan under section 1087e(a)(2)(D) of this title , or a Federal Direct PLUS Loan under section 1087e(a)(2)(B) of this title , received a passing score on such examination.
    • (B)
      • (i) For the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall—
        • (I) evaluate the standards of accreditation applied to applicant foreign medical schools; and
        • (II) determine the comparability of those standards to standards for accreditation applied to United States medical schools.
      • (ii) If the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 1001 of this title .
      • (iii)
        • (I) Not later than 1 year after August 14, 2008 , the advisory panel described in clause (i) shall submit a report to the Secretary and to the authorizing committees recommending eligibility criteria for participation in the loan programs under part D of subchapter IV for graduate medical schools that—
        • (II) In the report described in subclause (I), the advisory panel’s eligibility criteria shall include recommendations regarding the appropriate levels of performance for graduate medical schools described in such subclause in the following areas:
        • (III) In the recommendations described in subclause (II), the criteria described in subparagraph (A)(i)(I)(bb) shall be a minimum eligibility requirement for a graduate medical school described in subclause (I) to participate in the loan programs under part D of subchapter IV.
        • (IV) The Secretary may—
    • (C) 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 subparagraph (A) shall render such institution ineligible for the purpose of part D of subchapter IV.
    • (D) If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under subchapter IV, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part D of subchapter IV while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.
  • (3) An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution—
    • (A) offers more than 50 percent of such institution’s courses by correspondence (excluding courses offered by telecommunications as defined in section 1091( l )(4) 1 1 See References in Text note below. of this title), unless the institution is an institution that meets the definition in section 2302(3)(C) of this title ;
    • (B) enrolls 50 percent or more of the institution’s students in correspondence courses (excluding courses offered by telecommunications as defined in section 1091( l )(4) 1 of this title), unless the institution is an institution that meets the definition in such section, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such 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;
    • (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 a nonprofit 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 diploma, respectively; or
    • (D) has a student enrollment in which more than 50 percent of the students 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 a bachelor’s degree or an associate’s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit 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 have a secondary school diploma or its recognized equivalent.
  • (4) An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if—
    • (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 files for bankruptcy under chapter 11 of title 11 between July 1, 1998 , and December 1, 1998 ; or
    • (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 funds under subchapter IV, or has been judicially determined to have committed fraud involving funds under subchapter IV.
  • (5) The Secretary shall certify an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of subchapter IV.
  • (6) An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under subchapter IV as a result of an action pursuant to part H of subchapter IV.
• (b)
  • (1) For the purpose of this section, the term “proprietary institution of higher education” means a school that—
    • (A)
      • (i) provides an eligible program of training to prepare students for gainful employment in a recognized occupation; or
      • (ii)
        • (I) provides a program leading to a baccalaureate degree in liberal arts, and has provided such a program since January 1, 2009 ; and
        • (II) is accredited by a recognized regional accrediting agency or association, and has continuously held such accreditation since October 1, 2007 , or earlier;
    • (B) meets the requirements of paragraphs (1) and (2) of section 1001(a) of this title ;
    • (C) does not meet the requirement of paragraph (4) of section 1001(a) of this title ;
    • (D) is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part H of subchapter IV; and
    • (E) has been in existence for at least 2 years.
  • (2) The term “proprietary institution of higher education” also includes a proprietary educational institution in any State that, in lieu of the requirement in section 1001(a)(1) of this title , admits as regular students individuals—
    • (A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or
    • (B) who will be dually or concurrently enrolled in the institution and a secondary school.
• (c)
  • (1) For the purpose of this section, the term “postsecondary vocational institution” means a school that—
    • (A) provides an eligible program of training to prepare students for gainful employment in a recognized occupation;
    • (B) meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001(a) of this title ; and
    • (C) has been in existence for at least 2 years.
  • (2) The term “postsecondary vocational institution” also includes an educational institution in any State that, in lieu of the requirement in section 1001(a)(1) of this title , admits as regular students individuals—
    • (A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or
    • (B) who will be dually or concurrently enrolled in the institution and a secondary school.

§ 1003. Additional definitions

In this chapter:

• (1) 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.
• (2) The term “combination of institutions of higher education” means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on the group’s behalf.
• (3) Except as otherwise provided, the term “critical foreign language” means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988)), as updated by the Secretary from time to time and published in the Federal Register, except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States.
• (4) The term “Department” means the Department of Education.
• (5) The term “diploma mill” means an entity that—
  • (A)
    • (i) offers, for a fee, degrees, diplomas, or certificates, that may be used to represent to the general public that the individual possessing such a degree, diploma, or certificate has completed a program of postsecondary education or training; and
    • (ii) requires such individual to complete little or no education or coursework to obtain such degree, diploma, or certificate; and
  • (B) lacks accreditation by an accrediting agency or association that is recognized as an accrediting agency or association of institutions of higher education (as such term is defined in section 1002 of this title ) by—
    • (i) the Secretary pursuant to subpart 2 of part H of subchapter IV; or
    • (ii) a Federal agency, State government, or other organization or association that recognizes accrediting agencies or associations.
• (6) The term “disability” has the same meaning given that term under section 12102(2) of title 42 .
• (7)
  • (A) Except as otherwise provided, the term “distance education” means education that uses one or more of the technologies described in subparagraph (B)—
    • (i) to deliver instruction to students who are separated from the instructor; and
    • (ii) to support regular and substantive interaction between the students and the instructor, synchronously or asynchronously.
  • (B) For the purposes of subparagraph (A), the technologies used may include—
    • (i) the Internet;
    • (ii) one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;
    • (iii) audio conferencing; or
    • (iv) video cassettes, DVDs, and CD–ROMs, if the cassettes, DVDs, or CD–ROMs are used in a course in conjunction with any of the technologies listed in clauses (i) through (iii).
• (8) The term “early childhood education program” means—
  • (A) a Head Start program or an Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
  • (B) a State licensed or regulated child care program; or
  • (C) a program that—
    • (i) serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and
    • (ii) is—
      • (I) a State prekindergarten program;
      • (II) a program authorized under section 619 [ 20 U.S.C. 1419 ] or part C of the Individuals with Disabilities Education Act [ 20 U.S.C. 1431 et seq.]; or
      • (III) a program operated by a local educational agency.
• (9) The term “elementary school” has the same meaning given that term under section 7801 of this title .
• (10) The term “gifted and talented” has the same meaning given that term under section 7801 of this title .
• (11) The term “local educational agency” has the same meaning given that term under section 7801 of this title .
• (12) The term “new borrower” when used with respect to any date means an individual who on that date has no outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under subchapter IV.
• (13) The term “nonprofit” as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
• (14) The term “poverty line” means the poverty line (as defined in section 9902(2) of title 42 ) applicable to a family of the size involved.
• (15) The term “school or department of divinity” means an institution, or a department or a branch of an institution, the program of instruction of which is designed for the education of students—
  • (A) to prepare the students to become ministers of religion or to enter upon some other religious vocation (or to provide continuing training for any such vocation); or
  • (B) to prepare the students to teach theological subjects.
• (16) The term “secondary school” has the same meaning given that term under section 7801 of this title .
• (17) The term “Secretary” means the Secretary of Education.
• (18) The term “service-learning” has the same meaning given that term under section 12511(23) 1 1 See References in Text note below. of title 42.
• (19) The term “special education teacher” means teachers who teach children with disabilities as defined in section 602 of the Individuals with Disabilities Education Act.
• (20) The term “State educational agency” has the same meaning given that term under section 7801 of this title .
• (21)
  • (A) The term “State” includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States.
  • (B) The term “Freely Associated States” means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
• (22) The term “State higher education agency” means the officer or agency primarily responsible for the State supervision of higher education.
• (23) The term “universal design” has the meaning given the term in section 3002 of title 29 .
• (24) The term “universal design for learning” means a scientifically valid framework for guiding educational practice that—
  • (A) provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged; and
  • (B) reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and maintains high achievement expectations for all students, including students with disabilities and students who are limited English proficient.

§ 1011. Antidiscrimination

• (a) Institutions of higher education receiving Federal financial assistance may not use such financial assistance, directly or indirectly, to undertake any study or project or fulfill the terms of any contract containing an express or implied provision that any person or persons of a particular race, religion, sex, or national origin be barred from performing such study, project, or contract, except that nothing in this subsection shall be construed to prohibit an institution from conducting objective studies or projects concerning the nature, effects, or prevention of discrimination, or to have the institution’s curriculum restricted on the subject of discrimination.
• (b) Nothing in this chapter shall be construed to limit the rights or responsibilities of any individual under the Americans with Disabilities Act of 1990 [ 42 U.S.C. 12101 et seq.], the Rehabilitation Act of 1973 [ 29 U.S.C. 701 et seq.], or any other law.

§ 1011a. Protection of student speech and association rights

• (a)
  • (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 chapter, whether or not such program, activity, or division is sponsored or officially sanctioned by the institution.
  • (2) It is the sense of Congress that—
    • (A) the diversity of institutions and educational missions is one of the key strengths of American higher education;
    • (B) individual institutions of higher education have different missions and each institution should design its academic program in accordance with its educational goals;
    • (C) an institution of higher education should facilitate the free and open exchange of ideas;
    • (D) students should not be intimidated, harassed, discouraged from speaking out, or discriminated against;
    • (E) students should be treated equally and fairly; and
    • (F) nothing in this paragraph shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association.
• (b) Nothing in this section shall be construed—
  • (1) to discourage the imposition of an official sanction on a student that has willfully participated in the disruption or attempted disruption of a lecture, class, speech, presentation, or performance made or scheduled to be made under the auspices of the institution of higher education, provided that the imposition of such sanction is done objectively and fairly; or
  • (2) to prevent an institution of higher education from taking appropriate and effective action to prevent violations of State liquor laws, to discourage binge drinking and other alcohol abuse, to protect students from sexual harassment including assault and date rape, to prevent hazing, or to regulate unsanitary or unsafe conditions in any student residence.
• (c) For the purposes of this section:
  • (1) The term “official sanction”—
    • (A) means expulsion, suspension, probation, censure, condemnation, reprimand, or any other disciplinary, coercive, or adverse action taken by an institution of higher education or administrative unit of the institution; and
    • (B) includes an oral or written warning made by an official of an institution of higher education acting in the official capacity of the official.
  • (2) The term “protected association” means the joining, assembling, and residing with others that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments.
  • (3) The term “protected speech” means speech that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments.

§ 1011b. Territorial waiver authority

The Secretary is required to waive the eligibility criteria of any postsecondary education program administered by the Department where such criteria do not take into account the unique circumstances in Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States.

§ 1011c. National Advisory Committee on Institutional Quality and Integrity

• (a) There is established in the Department a National Advisory Committee on Institutional Quality and Integrity (in this section referred to as the “Committee”) to assess the process of accreditation and the institutional eligibility and certification of institutions of higher education (as defined in section 1002 of this title ) under subchapter IV.
• (b)
  • (1) The Committee shall have 18 members, of which—
    • (A) six members shall be appointed by the Secretary;
    • (B) six members shall be appointed by the Speaker of the House of Representatives, three of whom shall be appointed on the recommendation of the majority leader of the House of Representatives, and three of whom shall be appointed on the recommendation of the minority leader of the House of Representatives; and
    • (C) six members shall be appointed by the President pro tempore of the Senate, three of whom shall be appointed on the recommendation of the majority leader of the Senate, and three of whom shall be appointed on the recommendation of the minority leader of the Senate.
  • (2) Individuals shall be appointed as members of the Committee—
    • (A) on the basis of the individuals’ experience, integrity, impartiality, and good judgment;
    • (B) from among individuals who are representatives of, or knowledgeable concerning, education and training beyond secondary education, representing all sectors and types of institutions of higher education (as defined in section 1002 of this title ); and
    • (C) on the basis of the individuals’ technical qualifications, professional standing, and demonstrated knowledge in the fields of accreditation and administration in higher education.
  • (3) Except as provided in paragraph (5), the term of office of each member of the Committee shall be for six years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term.
  • (4) A vacancy on the Committee shall be filled in the same manner as the original appointment was made not later than 90 days after the vacancy occurs. If a vacancy occurs in a position to be filled by the Secretary, the Secretary shall publish a Federal Register notice soliciting nominations for the position not later than 30 days after being notified of the vacancy.
  • (5) The terms of office for the initial members of the Committee shall be—
    • (A) three years for members appointed under paragraph (1)(A);
    • (B) four years for members appointed under paragraph (1)(B); and
    • (C) six years for members appointed under paragraph (1)(C).
  • (6) The members of the Committee shall select a chairperson from among the members.
• (c) The Committee shall—
  • (1) advise the Secretary with respect to establishment and enforcement of the standards of accrediting agencies or associations under subpart 2 of part H of subchapter IV;
  • (2) advise the Secretary with respect to the recognition of a specific accrediting agency or association;
  • (3) advise the Secretary with respect to the preparation and publication of the list of nationally recognized accrediting agencies and associations;
  • (4) advise the Secretary with respect to the eligibility and certification process for institutions of higher education under subchapter IV, together with recommendations for improvements in such process;
  • (5) advise the Secretary with respect to the relationship between—
    • (A) accreditation of institutions of higher education and the certification and eligibility of such institutions; and
    • (B) State licensing responsibilities with respect to such institutions; and
  • (6) carry out such other advisory functions relating to accreditation and institutional eligibility as the Secretary may prescribe by regulation.
• (d)
  • (1)
    • (A) The Committee shall meet not less often than twice each year, at the call of the Chairperson.
    • (B) The Committee shall submit the date and location of each meeting in advance to the Secretary, and the Secretary shall publish such information in the Federal Register not later than 30 days before the meeting.
  • (2)
    • (A) The agenda for a meeting of the Committee shall be established by the Chairperson and shall be submitted to the members of the Committee upon notification of the meeting.
    • (B) The agenda shall include, at a minimum, opportunity for public comment during the Committee’s deliberations.
  • (3) The Secretary shall designate an employee of the Department to serve as the Secretary’s designee to the Committee, and the Chairperson shall invite the Secretary’s designee to attend all meetings of the Committee.
  • (4) The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act shall not apply.
• (e)
  • (1) The Secretary shall annually publish in the Federal Register—
    • (A) a list containing, for each member of the Committee—
      • (i) the member’s name;
      • (ii) the date of the expiration of the member’s term of office; and
      • (iii) the name of the individual described in subsection (b)(1) who appointed the member; and
    • (B) a solicitation of nominations for each expiring term of office on the Committee of a member appointed by the Secretary.
  • (2) Not later than the last day of each fiscal year, the Committee shall make available an annual report to the Secretary, the authorizing committees, and the public. The annual report shall contain—
    • (A) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Committee during the fiscal year preceding the fiscal year in which the report is made;
    • (B) a list of the date and location of each meeting during the fiscal year preceding the fiscal year in which the report is made;
    • (C) a list of the members of the Committee; and
    • (D) a list of the functions of the Committee, including any additional functions established by the Secretary through regulation.
• (f) The Committee shall terminate on September 30, 2020 .

§ 1011d. Student representation

The Secretary shall, in appointing individuals to any commission, committee, board, panel, or other body in connection with the administration of this chapter, include individuals who are, at the time of appointment, attending an institution of higher education.

§ 1011e. Financial responsibility of foreign students

Nothing in this chapter or any other Federal law shall be construed to prohibit any institution of higher education from requiring a student who is a foreign national (and not admitted to permanent residence in the United States) to guarantee the future payment of tuition and fees to such institution by—

• (1) making advance payment of such tuition and fees;
• (2) making deposits in an escrow account administered by such institution for such payments; or
• (3) obtaining a bond or other insurance that such payments will be made.

§ 1011f. Disclosures of foreign gifts

• (a) Whenever any institution is owned or controlled by a foreign source or receives a gift from or enters into a contract with a foreign source, the value of which is $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year, the institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner.
• (b) Each report to the Secretary required by this section shall contain the following:
  • (1) For gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country. The country to which a gift is attributable is the country of citizenship, or if unknown, the principal residence for a foreign source who is a natural person, and the country of incorporation, or if unknown, the principal place of business, for a foreign source which is a legal entity.
  • (2) For gifts received from or contracts entered into with a foreign government, the aggregate amount of such gifts and contracts received from each foreign government.
  • (3) In the case of an institution which is owned or controlled by a foreign source, the identity of the foreign source, the date on which the foreign source assumed ownership or control, and any changes in program or structure resulting from the change in ownership or control.
• (c) Notwithstanding the provisions of subsection (b), whenever any institution receives a restricted or conditional gift or contract from a foreign source, the institution shall disclose the following:
  • (1) For such gifts received from or contracts entered into with a foreign source other than a foreign government, the amount, the date, and a description of such conditions or restrictions. The report shall also disclose the country of citizenship, or if unknown, the principal residence for a foreign source which is a natural person, and the country of incorporation, or if unknown, the principal place of business for a foreign source which is a legal entity.
  • (2) For gifts received from or contracts entered into with a foreign government, the amount, the date, a description of such conditions or restrictions, and the name of the foreign government.
• (d)
  • (1) If an institution described under subsection (a) is within a State which has enacted requirements for public disclosure of gifts from or contracts with a foreign source that are substantially similar to the requirements of this section, a copy of the disclosure report filed with the State may be filed with the Secretary in lieu of a report required under subsection (a). The State in which the institution is located shall provide to the Secretary such assurances as the Secretary may require to establish that the institution has met the requirements for public disclosure under State law if the State report is filed.
  • (2) If an institution receives a gift from, or enters into a contract with, a foreign source, where any other department, agency, or bureau of the executive branch requires a report containing requirements substantially similar to those required under this section, a copy of the report may be filed with the Secretary in lieu of a report required under subsection (a).
• (e) All disclosure reports required by this section shall be public records open to inspection and copying during business hours.
• (f)
  • (1) Whenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section.
  • (2) For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, an institution shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement.
• (g) The Secretary may promulgate regulations to carry out this section.
• (h) For the purpose of this section—
  • (1) the term “contract” means any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties;
  • (2) the term “foreign source” means—
    • (A) a foreign government, including an agency of a foreign government;
    • (B) a legal entity, governmental or otherwise, created solely under the laws of a foreign state or states;
    • (C) an individual who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and
    • (D) an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source;
  • (3) the term “gift” means any gift of money or property;
  • (4) the term “institution” means any institution, public or private, or, if a multicampus institution, any single campus of such institution, in any State, that—
    • (A) is legally authorized within such State to provide a program of education beyond secondary school;
    • (B) provides a program for which the institution awards a bachelor’s degree (or provides not less than a 2-year program which is acceptable for full credit toward such a degree) or more advanced degrees; and
    • (C) is accredited by a nationally recognized accrediting agency or association and to which institution Federal financial assistance is extended (directly or indirectly through another entity or person), or which institution receives support from the extension of Federal financial assistance to any of the institution’s subunits; and
  • (5) the term “restricted or conditional gift or contract” means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding—
    • (A) the employment, assignment, or termination of faculty;
    • (B) the establishment of departments, centers, research or lecture programs, or new faculty positions;
    • (C) the selection or admission of students; or
    • (D) the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion.

§ 1011g. Application of peer review process

All applications submitted under the provisions of this chapter which require peer review shall be read by a panel of readers composed of individuals selected by the Secretary, which shall include outside readers who are not employees of the Federal Government. The Secretary shall ensure that no individual assigned under this section to review any application has any conflict of interest with regard to that application which might impair the impartiality with which that individual conducts the review under this section.

§ 1011h. Binge drinking on college campuses

• (a) This section may be cited as the “Collegiate Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption”.
• (b) It is the sense of Congress that, in an effort to change the culture of alcohol consumption on college campuses, all institutions of higher education should carry out the following:
  • (1) The president of the institution should appoint a task force consisting of school administrators, faculty, students, Greek system representatives, and others to conduct a full examination of student and academic life at the institution. The task force should make recommendations for a broad range of policy and program changes that would serve to reduce alcohol and other drug-related problems. The institution should provide resources to assist the task force in promoting the campus policies and proposed environmental changes that have been identified.
  • (2) The institution should provide maximum opportunities for students to live in an alcohol-free environment and to engage in stimulating, alcohol-free recreational and leisure activities.
  • (3) The institution should enforce a “zero tolerance” policy on the illegal consumption of alcohol by students at the institution.
  • (4) The institution should vigorously enforce the institution’s code of disciplinary sanctions for those who violate campus alcohol policies. Students with alcohol or other drug-related problems should be referred for assistance, including on-campus counseling programs if appropriate.
  • (5) The institution should adopt a policy to discourage alcoholic beverage-related sponsorship of on-campus activities. It should adopt policies limiting the advertisement and promotion of alcoholic beverages on campus.
  • (6) The institution should work with the local community, including local businesses, in a “Town/Gown” alliance to encourage responsible policies toward alcohol consumption and to address illegal alcohol use by students.

§ 1011i. Drug and alcohol abuse prevention

• (a) Notwithstanding any other provision of law, no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, unless the institution certifies to the Secretary that the institution has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that, at a minimum, includes—
  • (1) the annual distribution to each student and employee of—
    • (A) standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on the institution’s property or as part of any of the institution’s activities;
    • (B) a description of the applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol;
    • (C) a description of the health-risks associated with the use of illicit drugs and the abuse of alcohol;
    • (D) a description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students; and
    • (E) a clear statement that the institution will impose sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by subparagraph (A); and
  • (2) a biennial review by the institution of the institution’s program to—
    • (A) determine the program’s effectiveness and implement changes to the program if the changes are needed;
    • (B) determine the number of drug and alcohol-related violations and fatalities that—
      • (i) occur on the institution’s campus (as defined in section 1092(f)(6) of this title ), or as part of any of the institution’s activities; and
      • (ii) are reported to campus officials;
    • (C) determine the number and type of sanctions described in paragraph (1)(E) that are imposed by the institution as a result of drug and alcohol-related violations and fatalities on the institution’s campus or as part of any of the institution’s activities; and
    • (D) ensure that the sanctions required by paragraph (1)(E) are consistently enforced.
• (b) Each institution of higher education that provides the certification required by subsection (a) shall, upon request, make available to the Secretary and to the public a copy of each item required by subsection (a)(1) as well as the results of the biennial review required by subsection (a)(2).
• (c)
  • (1) The Secretary shall publish regulations to implement and enforce the provisions of this section, including regulations that provide for—
    • (A) the periodic review of a representative sample of programs required by subsection (a); and
    • (B) a range of responses and sanctions for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions, including information and technical assistance, the development of a compliance agreement, and the termination of any form of Federal financial assistance.
  • (2) The sanctions required by subsection (a)(1)(E) may include the completion of an appropriate rehabilitation program.
• (d) Upon determination by the Secretary to terminate financial assistance to any institution of higher education under this section, the institution may file an appeal with an administrative law judge before the expiration of the 30-day period beginning on the date such institution is notified of the decision to terminate financial assistance under this section. Such judge shall hold a hearing with respect to such termination of assistance before the expiration of the 45-day period beginning on the date that such appeal is filed. Such judge may extend such 45-day period upon a motion by the institution concerned. The decision of the judge with respect to such termination shall be considered to be a final agency action.
• (e)
  • (1) The Secretary may make grants to institutions of higher education or consortia of such institutions, and enter into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, and disseminate programs of prevention, and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and the violence associated with such use. Such grants or contracts may also be used for the support of a higher education center for alcohol and drug abuse prevention that will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education.
  • (2) Grants and contracts shall be awarded under paragraph (1) on a competitive basis.
  • (3) An institution of higher education, a consortium of such institutions, or another organization that desires to receive a grant or contract under paragraph (1) shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require by regulation.
  • (4)
    • (A) In awarding grants and contracts under this subsection the Secretary shall make every effort to ensure—
      • (i) the equitable participation of private and public institutions of higher education (including community and junior colleges); and
      • (ii) the equitable geographic participation of such institutions.
    • (B) In awarding grants and contracts under this subsection the Secretary shall give appropriate consideration to institutions of higher education with limited enrollment.
  • (5) There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

§ 1011j. Prior rights and obligations

• (a)
  • (1) There are authorized to be appropriated such sums as may be necessary for fiscal year 2009 and for each succeeding fiscal year to pay obligations incurred prior to 1987 under parts C and D of subchapter VII, as such parts were in effect before the effective date of the Higher Education Amendments of 1992.
  • (2) There are authorized to be appropriated such sums as may be necessary for fiscal year 2009 and for each succeeding fiscal year to pay obligations incurred prior to October 7, 1998 , under part C of subchapter VII, as such part was in effect during the period—
    • (A) after the effective date of the Higher Education Amendments of 1992; and
    • (B) prior to October 7, 1998 .
• (b)
  • (1) All entities with continuing obligations incurred under parts A, B, C, and D of subchapter VII, as such parts were in effect before the effective date of the Higher Education Amendments of 1992, shall be subject to the requirements of such part as in effect before the effective date of the Higher Education Amendments of 1992.
  • (2) All entities with continuing obligations incurred under part C of subchapter VII, as such part was in effect during the period—
    • (A) after the effective date of the Higher Education Amendments of 1992; and
    • (B) prior to October 7, 1998 ,

§ 1011k. Recovery of payments

• (a) Congress declares that, if a facility constructed with the aid of a grant under part A of subchapter VII as such part A was in effect prior to October 7, 1998 , or part B of such subchapter as part B was in effect prior to July 23, 1992 , is used as an academic facility for 20 years following completion of such construction, the public benefit accruing to the United States will equal in value the amount of the grant. The period of 20 years after completion of such construction shall therefore be deemed to be the period of Federal interest in such facility for the purposes of such subchapter as so in effect.
• (b) If, within 20 years after completion of construction of an academic facility which has been constructed, in part with a grant under part A of subchapter VII as such part A was in effect prior to October 7, 1998 , or part B of subchapter VII as such part B was in effect prior to July 23, 1992 —
  • (1) the applicant under such parts as so in effect (or the applicant’s successor in title or possession) ceases or fails to be a public or nonprofit institution; or
  • (2) the facility ceases to be used as an academic facility, or the facility is used as a facility excluded from the term “academic facility” (as such term was defined under subchapter VII, as so in effect), unless the Secretary determines that there is good cause for releasing the institution from its obligation,
• (c) Notwithstanding the provisions of subsections (a) and (b), no project assisted with funds under subchapter VII (as in effect prior to October 7, 1998 ) shall ever be used for religious worship or a sectarian activity or for a school or department of divinity.

§ 1011l. Diploma mills

• (a) The Secretary shall maintain information and resources on the Department’s website to assist students, families, and employers in understanding what a diploma mill is and how to identify and avoid diploma mills.
• (b) The Secretary shall continue to collaborate with the United States Postal Service, the Federal Trade Commission, the Department of Justice (including the Federal Bureau of Investigation), the Internal Revenue Service, and the Office of Personnel Management to maximize Federal efforts to—
  • (1) prevent, identify, and prosecute diploma mills; and
  • (2) broadly disseminate to the public information about diploma mills, and resources to identify diploma mills.

§ 1011m. Certification regarding the use of certain Federal funds

• (a) No Federal funds received under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.) by an institution of higher education or other postsecondary educational institution may be used to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection (b).
• (b) The prohibition in subsection (a) applies with respect to the following Federal actions:
  • (1) The awarding of any Federal contract.
  • (2) The making of any Federal grant.
  • (3) The making of any Federal loan.
  • (4) The entering into of any Federal cooperative agreement.
  • (5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
• (c) No Federal student aid funding under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.) may be used to hire a registered lobbyist or pay any person or entity for securing an earmark.
• (d) Each institution of higher education or other postsecondary educational institution receiving Federal funding under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.), as a condition for receiving such funding, shall annually certify to the Secretary of Education that the requirements of subsections (a) through (c) have been met.
• (e) The Secretary of Education shall take such actions as are necessary to ensure that the provisions of this section are implemented and enforced.

§ 1015. Improvements in market information and public accountability in higher education

• (a)
  • (1) The Secretary shall direct the Commissioner of Education Statistics to convene a series of forums to develop nationally consistent methodologies for reporting costs incurred by postsecondary institutions in providing postsecondary education.
  • (2) On the basis of the methodologies developed pursuant to paragraph (1), the Secretary shall redesign relevant parts of the postsecondary education data systems to improve the usefulness and timeliness of the data collected by such systems.
  • (3) The Commissioner of Education Statistics shall—
    • (A) develop a standard definition for the following data elements:
      • (i) tuition and fees for a full-time undergraduate student;
      • (ii) cost of attendance for a full-time undergraduate student, consistent with the provisions of section 1087 ll of this title;
      • (iii) average amount of financial assistance received by an undergraduate student who attends an institution of higher education, including—
        • (I) each type of assistance or benefit described in section 1078(a)(2)(C)(ii) of this title ;
        • (II) fellowships; and
        • (III) institutional and other assistance; and
      • (iv) number of students receiving financial assistance described in each of subclauses (I), (II), and (III) of clause (iii);
    • (B) not later than 90 days after October 7, 1998 , report the definitions to each institution of higher education and within a reasonable period of time thereafter inform the authorizing committees of those definitions; and
    • (C) collect information regarding the data elements described in subparagraph (A) with respect to at least all institutions of higher education participating in programs under subchapter IV, beginning with the information from academic year 2000–2001 and annually thereafter.
• (b) The Secretary shall make available the data collected pursuant to subsection (a). Such data shall be available in a form that permits the review and comparison of the data submissions of individual institutions of higher education. Such data shall be presented in a form that is easily understandable and allows parents and students to make informed decisions based on the costs for typical full-time undergraduate students.
• (c)
  • (1) The Commissioner of Education Statistics shall conduct a national study of expenditures at institutions of higher education. Such study shall include information with respect to—
    • (A) the change in tuition and fees compared with the consumer price index and other appropriate measures of inflation;
    • (B) faculty salaries and benefits;
    • (C) administrative salaries, benefits and expenses;
    • (D) academic support services;
    • (E) research;
    • (F) operations and maintenance; and
    • (G) institutional expenditures for construction and technology and the potential cost of replacing instructional buildings and equipment.
  • (2) The study shall include an evaluation of—
    • (A) changes over time in the expenditures identified in paragraph (1);
    • (B) the relationship of the expenditures identified in paragraph (1) to college costs; and
    • (C) the extent to which increases in institutional financial aid and tuition discounting practices affect tuition increases, including the demographics of students receiving such discounts, the extent to which financial aid is provided to students with limited need in order to attract a student to a particular institution, and the extent to which Federal financial aid, including loan aid, has been used to offset the costs of such practices.
  • (3) The Commissioner of Education Statistics shall submit a report regarding the findings of the study required by paragraph (1) to the appropriate committees of Congress not later than September 30, 2002 .
  • (4) The Bureau of Labor Statistics, in consultation with the Commissioner of Education Statistics, shall develop a higher education market basket that identifies the items that comprise the costs of higher education. The Bureau of Labor Statistics shall provide a report on the market basket to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than September 30, 2002 .
  • (5) In addition to actions authorized in section 1094(c) of this title , 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 described in paragraph (1) in a timely and accurate manner, or for failing to otherwise cooperate with the National Center for Education Statistics regarding efforts to obtain data on the cost of higher education under this section and pursuant to the program participation agreement entered into under section 1094 of this title .
• (d) The Secretary shall display a link to the Federal student financial aid website of the Department in a prominent place on the homepage of the Department’s website.
• (e)
  • (1) The Secretary shall continue to improve the usefulness and accessibility of the information provided by the Department on college planning and student financial aid.
  • (2) The Secretary shall continue to make the availability of the information on the Federal student financial aid website of the Department widely known, through a major media campaign and other forms of communication.
  • (3) As a part of the efforts required under this subsection, the Secretary shall create one website accessible from the Department’s website that fulfills the requirements under subsections (b), (f), and (g).
• (f)
  • (1) The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall create a searchable website that—
    • (A) contains information, in simple and understandable terms, about all Federal and State student financial assistance, readmission requirements under section 1091c of this title , and other student services, for which members of the Armed Forces (including members of the National Guard and Reserves), veterans, and the dependents of such members or veterans may be eligible; and
    • (B) is easily accessible through the website described in subsection (e)(3).
  • (2) Not later than one year after August 14, 2008 , the Secretary shall make publicly available the Armed Forces information website described in paragraph (1).
  • (3) The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall make the availability of the Armed Forces information website described in paragraph (1) widely known to members of the Armed Forces (including members of the National Guard and Reserves), veterans, the dependents of such members or veterans, States, institutions of higher education, and the general public.
  • (4) In this subsection, the term “Federal and State student financial assistance” means any grant, loan, work assistance, tuition assistance, scholarship, fellowship, or other form of financial aid for pursuing a postsecondary education that is—
    • (A) administered, sponsored, or supported by the Department of Education, the Department of Defense, the Department of Veterans Affairs, or a State; and
    • (B) available to members of the Armed Forces (including members of the National Guard and Reserves), veterans, or the dependents of such members or veterans.
• (g)
  • (1) For purposes of this subsection, the term “nondepartmental student financial assistance program” means any grant, loan, scholarship, fellowship, or other form of financial aid for students pursuing a postsecondary education that is—
    • (A) distributed directly to the student or to the student’s account at an institution of higher education; and
    • (B) operated, sponsored, or supported by a Federal department or agency other than the Department of Education.
  • (2) The Secretary shall ensure that—
    • (A) not later than 90 days after the Secretary receives the information required under paragraph (3), the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each nondepartmental student financial assistance program are searchable and accessible through the Federal student financial aid website in a manner that is simple and understandable for students and the students’ families; and
    • (B) the website displaying the information described in subparagraph (A) includes a link to the National Database on Financial Assistance for the Study of Science, Technology, Engineering, and Mathematics pursuant to paragraph (4), and the information on military benefits under subsection (f), once such Database and information are available.
  • (3) The Secretary shall request all Federal departments and agencies to provide the information described in paragraph (2)(A), and each Federal department or agency shall—
    • (A) promptly respond to surveys or other requests from the Secretary for the information described in such paragraph; and
    • (B) identify for the Secretary any nondepartmental student financial assistance program operated, sponsored, or supported by such Federal department or agency.
  • (4)
    • (A) The Secretary shall establish and maintain, on the website described in subsection (e)(3), a National Database on Financial Assistance for the Study of Science, Technology, Engineering, and Mathematics (in this paragraph referred to as the “STEM Database”). The STEM Database shall consist of information on scholarships, fellowships, and other programs of Federal, State, local, and, to the maximum extent practicable, private financial assistance available for the study of science, technology, engineering, or mathematics at the postsecondary and postbaccalaureate levels.
    • (B) The information maintained on the STEM Database shall be displayed on the website in the following manner:
      • (i) The STEM Database shall provide separate information for each of the fields of science, technology, engineering, and mathematics, and for postsecondary and postbaccalaureate programs of financial assistance.
      • (ii) The STEM Database shall provide specific information on any program of financial assistance that is targeted to individuals based on financial need, merit, or student characteristics.
      • (iii) The STEM Database shall provide—
        • (I) standard contact information that an interested person may use to contact a sponsor of any program of financial assistance included in the STEM Database; and
        • (II) if such sponsor maintains a public website, a link to the website.
      • (iv) The STEM Database shall—
        • (I) have a search capability that permits an individual to search for information on the basis of each category of the information provided through the STEM Database and on the basis of combinations of categories of the information provided, including—
        • (II) have a match capability that—
      • (v) The STEM Database shall provide, to the users of the STEM Database—
        • (I) a recommendation that students and families should carefully review all of the application requirements prior to applying for any aid or program of student financial assistance; and
        • (II) a disclaimer that the non-Federal programs of student financial assistance presented in the STEM Database are not provided or endorsed by the Department or the Federal Government.
    • (C) In carrying out this paragraph, the Secretary shall—
      • (i) consult with public and private sources of scholarships, fellowships, and other programs of student financial assistance; and
      • (ii) make easily available a process for such entities to provide regular and updated information about the scholarships, fellowships, or other programs of student financial assistance.
    • (D) In carrying out the requirements of this paragraph, the Secretary is authorized to enter into a contract with a private entity with demonstrated expertise in creating and maintaining databases such as the one required under this paragraph, under which contract the entity shall furnish, and regularly update, all of the information required to be maintained on the STEM Database.
  • (5) The Secretary shall take such actions, on an ongoing basis, as may be necessary to disseminate information under this subsection and to encourage the use of the information by interested parties, including sending notices to secondary schools and institutions of higher education.
• (h) No fee shall be charged to any individual to access—
  • (1) a database or website of the Department that provides information about higher education programs or student financial assistance, including the College Navigator website (or successor website) and the websites and databases described in this section and section 1015a of this title ; or
  • (2) information about higher education programs or student financial assistance available through a database or website of the Department.

§ 1015a. Transparency in college tuition for consumers

• (a) In this section:
  • (1) The term “College Navigator website” means the College Navigator website operated by the Department and includes any successor website.
  • (2) The term “cost of attendance” means the average annual cost of tuition and fees, room and board, books, supplies, and transportation for an institution of higher education for a first-time, full-time undergraduate student enrolled in the institution.
  • (3) The term “net price” means the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at an institution of higher education after deducting such aid, which shall be determined by calculating the difference between—
    • (A) the institution’s cost of attendance for the year for which the determination is made; and
    • (B) the quotient of—
      • (i) the total amount of need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, provided to such students enrolled in the institution for such year; and
      • (ii) the total number of such students receiving such need-based grant aid or merit-based grant aid for such year.
  • (4) The term “tuition and fees” means the average annual cost of tuition and fees for an institution of higher education for first-time, full-time undergraduate students enrolled in the institution.
• (b) In making the calculations regarding cost of attendance, net price, and tuition and fees under this section with respect to a public institution of higher education, the Secretary shall calculate the cost of attendance, net price, and tuition and fees at such institution in the manner described in subsection (a), except that—
  • (1) the cost of attendance, net price, and tuition and fees shall be calculated for first-time, full-time undergraduate students enrolled in the institution who are residents of the State in which such institution is located; and
  • (2) in determining the net price, the average need-based grant aid and merit-based grant aid described in subsection (a)(3)(B) shall be calculated based on the average total amount of such aid received by first-time, full-time undergraduate students who are residents of the State in which such institution is located, divided by the total number of such resident students receiving such need-based grant aid or merit-based grant aid at such institution.
• (c)
  • (1) Beginning July 1, 2011 , the Secretary shall make publicly available on the College Navigator website, in a manner that is sortable and searchable by State, the following:
    • (A) A list of the five percent of institutions in each category described in subsection (d) that have the highest tuition and fees for the most recent academic year for which data are available.
    • (B) A list of the five percent of institutions in each such category that have the highest net price for the most recent academic year for which data are available.
    • (C) A list of the five percent of institutions in each such category that have the largest increase, expressed as a percentage change, in tuition and fees over the most recent three academic years for which data are available, using the first academic year of the three-year period as the base year to compute such percentage change.
    • (D) A list of the five percent of institutions in each such category that have the largest increase, expressed as a percentage change, in net price over the most recent three academic years for which data are available, using the first academic year of the three-year period as the base year to compute such percentage change.
    • (E) A list of the ten percent of institutions in each such category that have the lowest tuition and fees for the most recent academic year for which data are available.
    • (F) A list of the ten percent of institutions in each such category that have the lowest net price for the most recent academic year for which data are available.
  • (2) The Secretary shall annually update the lists described in paragraph (1) on the College Navigator website.
• (d) The lists described in subsection (c)(1) shall be compiled according to the following categories of institutions that participate in programs under subchapter IV:
  • (1) Four-year public institutions of higher education.
  • (2) Four-year private, nonprofit institutions of higher education.
  • (3) Four-year private, for-profit institutions of higher education.
  • (4) Two-year public institutions of higher education.
  • (5) Two-year private, nonprofit institutions of higher education.
  • (6) Two-year private, for-profit institutions of higher education.
  • (7) Less than two-year public institutions of higher education.
  • (8) Less than two-year private, nonprofit institutions of higher education.
  • (9) Less than two-year private, for-profit institutions of higher education.
• (e)
  • (1) If an institution of higher education is included on a list described in subparagraph (C) or (D) of subsection (c)(1), the institution shall submit to the Secretary a report containing the following information:
    • (A) A description of the major areas in the institution’s budget with the greatest cost increases.
    • (B) An explanation of the cost increases described in subparagraph (A).
    • (C) A description of the steps the institution will take toward the goal of reducing costs in the areas described in subparagraph (A).
    • (D) In the case of an institution that is included on the same list under subparagraph (C) or (D) of subsection (c)(1) for two or more consecutive years, a description of the progress made on the steps described in subparagraph (C) of this paragraph that were included in the institution’s report for the previous year.
    • (E) If the determination of any cost increase described in subparagraph (A) is not within the exclusive control of the institution—
      • (i) an explanation of the extent to which the institution participates in determining such cost increase;
      • (ii) the identification of the agency or instrumentality of State government responsible for determining such cost increase; and
      • (iii) any other information the institution considers relevant to the report.
  • (2) The Secretary shall—
    • (A) issue an annual report that summarizes all of the reports by institutions required under paragraph (1) to the authorizing committees; and
    • (B) publish such report on the College Navigator website.
• (f)
  • (1) An institution shall not be placed on a list described in subparagraph (C) or (D) of subsection (c)(1), and shall not be subject to the reporting required under subsection (e), if the dollar amount of the institution’s increase in tuition and fees, or net price, as applicable, is less than $600 for the three-year period described in such subparagraph.
  • (2) Beginning in 2014, and every three years thereafter, the Secretary shall update the dollar amount described in paragraph (1) based on annual increases in inflation, using the Consumer Price Index for each of the three most recent preceding years.
• (g) The Secretary shall annually report on the College Navigator website, in charts for each State, comparisons of—
  • (1) the percentage change in spending by such State per full-time equivalent student at all public institutions of higher education in such State, for each of the five most recent preceding academic years;
  • (2) the percentage change in tuition and fees for such students for all public institutions of higher education in such State for each of the five most recent preceding academic years; and
  • (3) the percentage change in the total amount of need-based aid and merit-based aid provided by such State to full-time students enrolled in the public institutions of higher education in the State for each of the five most recent preceding academic years.
• (h)
  • (1) Not later than one year after August 14, 2008 , the Secretary shall, in consultation with institutions of higher education and other appropriate experts, develop a net price calculator to help current and prospective students, families, and other consumers estimate the individual net price of an institution of higher education for a student. The calculator shall be developed in a manner that enables current and prospective students, families, and consumers to determine an estimate of a current or prospective student’s individual net price at a particular institution.
  • (2) For purposes of this subsection, an individual net price of an institution of higher education shall be calculated in the same manner as the net price of such institution is calculated under subsection (a)(3), except that the cost of attendance and the amount of need-based and merit-based aid available shall be calculated for the individual student as much as practicable.
  • (3) Not later than two years after the date on which the Secretary makes the calculator developed under paragraph (1) available to institutions of higher education, each institution of higher education that receives Federal funds under subchapter IV shall make publicly available on the institution’s website a net price calculator to help current and prospective students, families, and other consumers estimate a student’s individual net price at such institution of higher education. Such calculator may be a net price calculator developed—
    • (A) by the Department pursuant to paragraph (1); or
    • (B) by the institution of higher education, if the institution’s calculator includes, at a minimum, the same data elements included in the calculator developed under paragraph (1).
  • (4) Estimates of an individual net price determined using a net price calculator required under paragraph (3) shall be accompanied by a clear and conspicuous notice—
    • (A) stating that the estimate—
      • (i) does not represent a final determination, or actual award, of financial assistance;
      • (ii) shall not be binding on the Secretary, the institution of higher education, or the State; and
      • (iii) may change;
    • (B) stating that the student must complete the Free Application for Federal Student Aid described in section 1090 of this title in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan, or work-study assistance under subchapter IV; and
    • (C) including a link to the website of the Department that allows students to access the Free Application for Federal Student Aid described in section 1090 of this title .
• (i)
  • (1) Not later than one year after August 14, 2008 , the Secretary shall make publicly available on the College Navigator website, in simple and understandable terms, the following information about each institution of higher education that participates in programs under subchapter IV, for the most recent academic year for which satisfactory data are available:
    • (A) A statement of the institution’s mission.
    • (B) The total number of undergraduate students who applied to, were admitted by, and enrolled in the institution.
    • (C) For institutions that require SAT or ACT scores to be submitted, the reading, writing, mathematics, and combined scores on the SAT or ACT, as applicable, for the middle 50 percent range of the institution’s freshman class.
    • (D) The number of first-time, full-time, and part-time students enrolled at the institution, at the undergraduate and (if applicable) graduate levels.
    • (E) The number of degree- or certificate-seeking undergraduate students enrolled at the institution who have transferred from another institution.
    • (F) The percentages of male and female undergraduate students enrolled at the institution.
    • (G) Of the first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution—
      • (i) the percentage of such students who are from the State in which the institution is located;
      • (ii) the percentage of such students who are from other States; and
      • (iii) the percentage of such students who are international students.
    • (H) The percentages of first-time, full-time, degree- or certificate-seeking students enrolled at the institution, disaggregated by race and ethnic background.
    • (I) The percentage of undergraduate students enrolled at the institution who are formally registered with the office of disability services of the institution (or the equivalent office) as students with disabilities, except that if such percentage is three percent or less, the institution shall report “three percent or less”.
    • (J) The percentages of first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within—
      • (i) the normal time for completion of, or graduation from, the student’s program;
      • (ii) 150 percent of the normal time for completion of, or graduation from, the student’s program; and
      • (iii) 200 percent of the normal time for completion of, or graduation from, the student’s program;
    • (K) The number of certificates, associate degrees, baccalaureate degrees, master’s degrees, professional degrees, and doctoral degrees awarded by the institution.
    • (L) The undergraduate major areas of study at the institution with the highest number of degrees awarded.
    • (M) The student-faculty ratio, the number of full-time and part-time faculty, and the number of graduate assistants with primarily instructional responsibilities, at the institution.
    • (N)
      • (i) The cost of attendance for first-time, full-time undergraduate students enrolled in the institution who live on campus;
      • (ii) the cost of attendance for first-time, full-time undergraduate students enrolled in the institution who live off campus; and
      • (iii) in the case of a public institution of higher education and notwithstanding subsection (b)(1), the costs described in clauses (i) and (ii), for—
        • (I) first-time, full-time students enrolled in the institution who are residents of the State in which the institution is located; and
        • (II) first-time, full-time students enrolled in the institution who are not residents of such State.
    • (O) The average annual grant amount (including Federal, State, and institutional aid) awarded to a first-time, full-time undergraduate student enrolled at the institution who receives financial aid.
    • (P) The average annual amount of Federal student loans provided through the institution to undergraduate students enrolled at the institution.
    • (Q) The total annual grant aid awarded to undergraduate students enrolled at the institution, from the Federal Government, a State, the institution, and other sources known by the institution.
    • (R) The percentage of first-time, full-time undergraduate students enrolled at the institution receiving Federal, State, and institutional grants, student loans, and any other type of student financial assistance known by the institution, provided publicly or through the institution, such as Federal work-study funds.
    • (S) The number of students enrolled at the institution receiving Federal Pell Grants.
    • (T) The institution’s cohort default rate, as defined under section 1085(m) of this title .
    • (U) The information on campus safety required to be collected under section 1092(i) of this title .
    • (V) A link to the institution’s website that provides, in an easily accessible manner, the following information:
      • (i) Student activities offered by the institution.
      • (ii) Services offered by the institution for individuals with disabilities.
      • (iii) Career and placement services offered by the institution to students during and after enrollment.
      • (iv) Policies of the institution related to transfer of credit from other institutions.
    • (W) A link to the appropriate section of the Bureau of Labor Statistics website that provides information on regional data on starting salaries in all major occupations.
    • (X) Information required to be submitted under paragraph (4) and a link to the institution pricing summary page described in paragraph (5).
    • (Y) In the case of an institution that was required to submit a report under subsection (e)(1), a link to such report.
    • (Z) The availability of alternative tuition plans, which may include guaranteed tuition plans.
  • (2) The Secretary shall annually update the information described in paragraph (1) on the College Navigator website.
  • (3) The Secretary shall regularly consult with current and prospective college students, family members of such students, institutions of higher education, and other experts to improve the usefulness and relevance of the College Navigator website, with respect to the presentation of the consumer information collected in paragraph (1).
  • (4) The Commissioner for Education Statistics shall continue to update and improve the Integrated Postsecondary Education Data System (referred to in this section as “IPEDS”), including the reporting of information by institutions and the timeliness of the data collected.
  • (5)
    • (A) The Secretary shall make publicly available on the College Navigator website in a sortable and searchable format a list of all institutions of higher education that participate in programs under subchapter IV, which list shall, for each institution, include the following:
      • (i) The tuition and fees for each of the three most recent academic years for which data are available.
      • (ii) The net price for each of the three most recent available academic years for which data are available.
      • (iii)
        • (I) During the period beginning July 1, 2010 , and ending June 30, 2013 , the net price for students receiving Federal student financial aid under subchapter IV, disaggregated by the income categories described in paragraph (6), for the most recent academic year for which data are available.
        • (II) Beginning July 1, 2013 , the net price for students receiving Federal student financial aid under subchapter IV, disaggregated by the income categories described in paragraph (6), for each of the three most recent academic years for which data are available.
      • (iv) The average annual percentage change and average annual dollar change in such institution’s tuition and fees for each of the three most recent academic years for which data are available.
      • (v) The average annual percentage change and average annual dollar change in such institution’s net price for each of the three most recent preceding academic years for which data are available.
      • (vi) A link to the webpage on the College Navigator website that provides the information described in paragraph (1) for the institution.
    • (B) The Secretary shall annually update the lists described in subparagraph (A) on the College Navigator website.
  • (6)
    • (A) For purposes of reporting the information required under this subsection, the following income categories shall apply for students who receive Federal student financial aid under subchapter IV:
      • (i) $0–30,000.
      • (ii) $30,001–48,000.
      • (iii) $48,001–75,000.
      • (iv) $75,001–110,000.
      • (v) $110,001 and more.
    • (B) The Secretary may adjust the income categories listed in subparagraph (A) using the Consumer Price Index if the Secretary determines such adjustment is necessary.
• (j)
  • (1) Not later than one year after August 14, 2008 , the Secretary shall, in consultation with institutions of higher education, financial planners, and other appropriate experts, develop a multi-year tuition calculator to help current and prospective students, families of such students, and other consumers estimate the amount of tuition an individual may pay to attend an institution of higher education in future years.
  • (2) The multi-year tuition calculator described in paragraph (1) shall—
    • (A) allow an individual to select an institution of higher education for which the calculation shall be made;
    • (B) calculate an estimate of tuition and fees for each year of the normal duration of the program of study at such institution by—
      • (i) using the tuition and fees for such institution, as reported under subsection (i)(5)(A)(i), for the most recent academic year for which such data are reported; and
      • (ii) determining an estimated annual percentage change for each year for which the calculation is made, based on the annual percentage change in such institution’s tuition and fees, as reported under subsection (i)(5)(A)(iv), for the most recent three-year period for which such data are reported;
    • (C) calculate an estimate of the total amount of tuition and fees to complete a program of study at such institution, based on the normal duration of such program, using the estimate calculated under subparagraph (B) for each year of the program of study;
    • (D) provide the individual with the option to replace the estimated annual percentage change described in subparagraph (B)(ii) with an alternative annual percentage change specified by the individual, and calculate an estimate of tuition and fees for each year and an estimate of the total amount of tuition and fees using the alternative percentage change;
    • (E) in the case of an institution that offers a multi-year tuition guarantee program, allow the individual to have the estimates of tuition and fees described in subparagraphs (B) and (C) calculated based on the provisions of such guarantee program for the tuition and fees charged to a student, or cohort of students, enrolled for the duration of the program of study; and
    • (F) include any other features or information determined to be appropriate by the Secretary.
  • (3) The multi-year tuition calculator described in paragraph (1) shall be available on the College Navigator website and shall allow current and prospective students, families of such students, and consumers to compare information and estimates under this subsection for multiple institutions of higher education.
  • (4) Each calculation of estimated tuition and fees made using the multi-year tuition calculator described in paragraph (1) shall be accompanied by a clear and conspicuous notice—
    • (A) stating that the calculation—
      • (i) is only an estimate and not a guarantee of the actual amount the student may be charged;
      • (ii) is not binding on the Secretary, the institution of higher education, or the State; and
      • (iii) may change, subject to the availability of financial assistance, State appropriations, and other factors;
    • (B) stating that the student must complete the Free Application for Federal Student Aid described in section 1090 of this title in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan, or work-study assistance under subchapter IV; and
    • (C) including a link to the website of the Department that allows students to access the Free Application for Federal Student Aid described in section 1090 of this title .
• (k)
  • (1) The Secretary, acting through the Commissioner for Education Statistics, shall conduct, on a State-by-State basis, a survey of recipients of Federal student financial aid under subchapter IV—
    • (A) to identify the population of students receiving such Federal student financial aid;
    • (B) to describe the income distribution and other socioeconomic characteristics of recipients of such Federal student financial aid;
    • (C) to describe the combinations of aid from Federal, State, and private sources received by such recipients from all income categories;
    • (D) to describe the—
      • (i) debt burden of such loan recipients, and their capacity to repay their education debts; and
      • (ii) the impact of such debt burden on the recipients’ course of study and post-graduation plans;
    • (E) to describe the impact of the cost of attendance of postsecondary education in the determination by students of what institution of higher education to attend; and
    • (F) to describe how the costs of textbooks and other instructional materials affect the costs of postsecondary education for students.
  • (2) The survey shall be conducted on a regular cycle and not less often than once every four years.
  • (3) The survey shall be representative of students from all types of institutions, including full-time and part-time students, undergraduate, graduate, and professional students, and current and former students.
  • (4) The Commissioner for Education Statistics shall disseminate to the public, in printed and electronic form, the information resulting from the survey.
• (l) The Secretary is authorized to issue such regulations as may be necessary to carry out this section.

§ 1015b. Textbook information

• (a) The purpose of this section is to ensure that students have access to affordable course materials by decreasing costs to students and enhancing transparency and disclosure with respect to the selection, purchase, sale, and use of course materials. It is the intent of this section to encourage all of the involved parties, including faculty, students, administrators, institutions of higher education, bookstores, distributors, and publishers, to work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while supporting the academic freedom of faculty members to select high quality course materials for students.
• (b) In this section:
  • (1) The term “bundle” means one or more college textbooks or other supplemental materials that may be packaged together to be sold as course materials for one price.
  • (2) The term “college textbook” means a textbook or a set of textbooks, used for, or in conjunction with, a course in postsecondary education at an institution of higher education.
  • (3) The term “course schedule” means a listing of the courses or classes offered by an institution of higher education for an academic period, as defined by the institution.
  • (4) The term “custom textbook”—
    • (A) means a college textbook that is compiled by a publisher at the direction of a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education; and
    • (B) may include, alone or in combination, items such as selections from original instructor materials, previously copyrighted publisher materials, copyrighted third-party works, and elements unique to a specific institution, such as commemorative editions.
  • (5) The term “institution of higher education” has the meaning given the term in section 1002 of this title .
  • (6) The term “integrated textbook” means a college textbook that is—
    • (A) combined with materials developed by a third party and that, by third-party contractual agreement, may not be offered by publishers separately from the college textbook with which the materials are combined; or
    • (B) combined with other materials that are so interrelated with the content of the college textbook that the separation of the college textbook from the other materials would render the college textbook unusable for its intended purpose.
  • (7) The term “publisher” means a publisher of college textbooks or supplemental materials involved in or affecting interstate commerce.
  • (8) The term “substantial content” means parts of a college textbook such as new chapters, new material covering additional eras of time, new themes, or new subject matter.
  • (9) The term “supplemental material” means educational material developed to accompany a college textbook that—
    • (A) may include printed materials, computer disks, website access, and electronically distributed materials; and
    • (B) is not being used as a component of an integrated textbook.
• (c)
  • (1) When a publisher provides a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education receiving Federal financial assistance with information regarding a college textbook or supplemental material, the publisher shall include, with any such information and in writing (which may include electronic communications), the following:
    • (A) The price at which the publisher would make the college textbook or supplemental material available to the bookstore on the campus of, or otherwise associated with, such institution of higher education and, if available, the price at which the publisher makes the college textbook or supplemental material available to the public.
    • (B) The copyright dates of the three previous editions of such college textbook, if any.
    • (C) A description of the substantial content revisions made between the current edition of the college textbook or supplemental material and the previous edition, if any.
    • (D)
      • (i) Whether the college textbook or supplemental material is available in any other format, including paperback and unbound; and
      • (ii) for each other format of the college textbook or supplemental material, the price at which the publisher would make the college textbook or supplemental material in the other format available to the bookstore on the campus of, or otherwise associated with, such institution of higher education and, if available, the price at which the publisher makes such other format of the college textbook or supplemental material available to the public.
  • (2) A publisher that sells a college textbook and any supplemental material accompanying such college textbook as a single bundle shall also make available the college textbook and each supplemental material as separate and unbundled items, each separately priced.
  • (3) To the maximum extent practicable, a publisher shall provide the information required under this subsection with respect to the development and provision of custom textbooks.
• (d) To the maximum extent practicable, each institution of higher education receiving Federal financial assistance shall—
  • (1) disclose, on the institution’s Internet course schedule and in a manner of the institution’s choosing, the International Standard Book Number and retail price information of required and recommended college textbooks and supplemental materials for each course listed in the institution’s course schedule used for preregistration and registration purposes, except that—
    • (A) if the International Standard Book Number is not available for such college textbook or supplemental material, then the institution shall include in the Internet course schedule the author, title, publisher, and copyright date for such college textbook or supplemental material; and
    • (B) if the institution determines that the disclosure of the information described in this subsection is not practicable for a college textbook or supplemental material, then the institution shall so indicate by placing the designation “To Be Determined” in lieu of the information required under this subsection; and
  • (2) if applicable, include on the institution’s written course schedule a notice that textbook information is available on the institution’s Internet course schedule, and the Internet address for such schedule.
• (e) An institution of higher education receiving Federal financial assistance shall make available to a college bookstore that is operated by, or in a contractual relationship or otherwise affiliated with, the institution, as soon as is practicable upon the request of such college bookstore, the most accurate information available regarding—
  • (1) the institution’s course schedule for the subsequent academic period; and
  • (2) for each course or class offered by the institution for the subsequent academic period—
    • (A) the information required by subsection (d)(1) for each college textbook or supplemental material required or recommended for such course or class;
    • (B) the number of students enrolled in such course or class; and
    • (C) the maximum student enrollment for such course or class.
• (f) An institution disclosing the information required by subsection (d)(1) is encouraged to disseminate to students information regarding—
  • (1) available institutional programs for renting textbooks or for purchasing used textbooks;
  • (2) available institutional guaranteed textbook buy-back programs;
  • (3) available institutional alternative content delivery programs; or
  • (4) other available institutional cost-saving strategies.
• (g) Not later than July 1, 2013 , the Comptroller General of the United States shall report to the authorizing committees on the implementation of this section by institutions of higher education, college bookstores, and publishers. The report shall particularly examine—
  • (1) the availability of college textbook information on course schedules;
  • (2) the provision of pricing information to faculty of institutions of higher education by publishers;
  • (3) the use of bundled and unbundled material in the college textbook marketplace, including the adoption of unbundled materials by faculty and the use of integrated textbooks by publishers; and
  • (4) the implementation of this section by institutions of higher education, including the costs and benefits to such institutions and to students.
• (h) Nothing in this section shall be construed to supercede the institutional autonomy or academic freedom of instructors involved in the selection of college textbooks, supplemental materials, and other classroom materials.
• (i) The Secretary shall not promulgate regulations with respect to this section.

§ 1015c. Database of student information prohibited

• (a) Except as described in subsection (b), nothing in this chapter shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally identifiable information on individuals receiving assistance under this chapter, attending institutions receiving assistance under this chapter, or otherwise involved in any studies or other collections of data under this chapter, including a student unit record system, an education bar code system, or any other system that tracks individual students over time.
• (b) The provisions of subsection (a) shall not apply to a system (or a successor system) that—
  • (1) is necessary for the operation of programs authorized by subchapter II, IV, or VII; and
  • (2) was in use by the Secretary, directly or through a contractor, as of the day before August 14, 2008 .
• (c) Nothing in this chapter shall prohibit a State or a consortium of States from developing, implementing, or maintaining State-developed databases that track individuals over time, including student unit record systems that contain information related to enrollment, attendance, graduation and retention rates, student financial assistance, and graduate employment outcomes.

§ 1015d. In-State tuition rates for members of the armed forces on active duty, spouses, and dependent children

• (a) In the case of a member of the armed forces who is on active duty for a period of more than 30 days and whose domicile or permanent duty station is in a State that receives assistance under this chapter, such State shall not charge such member (or the spouse or dependent child of such member) tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State.
• (b) If a member of the armed forces (or the spouse or dependent child of a member) pays tuition at a public institution of higher education in a State at a rate determined by subsection (a), the provisions of subsection (a) shall continue to apply to such member, spouse, or dependent while continuously enrolled at that institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State.
• (c) This section shall take effect at each public institution of higher education in a State that receives assistance under this chapter for the first period of enrollment at such institution that begins after July 1, 2009 .
• (d) In this section, the terms “armed forces” and “active duty for a period of more than 30 days” have the meanings given those terms in section 101 of title 10 .

§ 1015e. State higher education information system pilot program

• (a) It is the purpose of this section to carry out a pilot program to assist not more than five States to develop State-level postsecondary student data systems to—
  • (1) improve the capacity of States and institutions of higher education to generate more comprehensive and comparable data, in order to develop better-informed educational policy at the State level and to evaluate the effectiveness of institutional performance while protecting the confidentiality of students’ personally identifiable information; and
  • (2) identify how to best minimize the data-reporting burden placed on institutions of higher education, particularly smaller institutions, and to maximize and improve the information institutions receive from the data systems, in order to assist institutions in improving educational practice and postsecondary outcomes.
• (b) In this section, the term “eligible entity” means—
  • (1) a State higher education system; or
  • (2) a consortium of State higher education systems, or a consortium of individual institutions of higher education, that is broadly representative of institutions in different sectors and geographic locations.
• (c)
  • (1) The Secretary shall award grants, on a competitive basis, to not more than five eligible entities to enable the eligible entities to—
    • (A) design, test, and implement systems of postsecondary student data that provide the maximum benefits to States, institutions of higher education, and State policymakers; and
    • (B) examine the costs and burdens involved in implementing a State-level postsecondary student data system.
  • (2) A grant awarded under this section shall be for a period of not more than three years.
• (d) An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including a description of—
  • (1) how the eligible entity will ensure that student privacy is protected and that individually identifiable information about students, the students’ achievements, and the students’ families remains confidential in accordance with section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”); and
  • (2) how the activities funded by the grant will be supported after the three-year grant period.
• (e) A grant awarded under this section shall be used to—
  • (1) design, develop, and implement the components of a comprehensive postsecondary student data system with the capacity to transmit student information within a State;
  • (2) improve the capacity of institutions of higher education to analyze and use student data;
  • (3) select and define common data elements, data quality, and other elements that will enable the data system to—
    • (A) serve the needs of institutions of higher education for institutional research and improvement;
    • (B) provide students and the students’ families with useful information for decision-making about postsecondary education; and
    • (C) provide State policymakers with improved information to monitor and guide efforts to improve student outcomes and success in higher education;
  • (4) estimate costs and burdens at the institutional level for the reporting system for different types of institutions; and
  • (5) test the feasibility of protocols and standards for maintaining data privacy and data access.
• (f) Not later than six months after the end of the projects funded by grants awarded under this section, the Secretary shall—
  • (1) conduct a comprehensive evaluation of the pilot program authorized by this section; and
  • (2) report the Secretary’s findings, as well as recommendations regarding the implementation of State-level postsecondary student data systems, to the authorizing committees.
• (g) There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

§ 1015f. State commitment to affordable college education

• (a) A State shall provide—
  • (1) for public institutions of higher education in such State for any academic year beginning on or after July 1, 2008 , an amount which is equal to or greater than the average amount provided for non-capital and non-direct research and development expenses or costs by such State to such institutions of higher education during the five most recent preceding academic years for which satisfactory data are available; and
  • (2) for private institutions of higher education in such State for any academic year beginning on or after July 1, 2008 , an amount which is equal to or greater than the average amount provided for student financial aid for paying costs associated with postsecondary education by such State to such institutions during the five most recent preceding academic years for which satisfactory data are available.
• (b) The Secretary shall take into consideration any adjustments to the calculations under subsection (a) that may be required to accurately reflect funding levels for postsecondary education in States with biennial appropriation cycles.
• (c) The Secretary shall waive the requirements of subsection (a), if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforseen 1 1 So in original. Probably should be “unforeseen”. decline in the financial resources of a State or State educational agency, as appropriate.
• (d) Notwithstanding any other provision of law, the Secretary shall withhold from any State that violates subsection (a) and does not receive a waiver pursuant to subsection (c) any amount that would otherwise be available to the State under section 1141 of this title until such State has made significant efforts to correct such violation.

§ 1018. Performance-Based Organization for delivery of Federal student financial assistance

• (a)
  • (1) There is established in the Department a Performance-Based Organization (hereafter referred to as the “PBO”) which shall be a discrete management unit responsible for managing the administrative and oversight functions supporting the programs authorized under subchapter IV of this chapter, as specified in subsection (b).
  • (2) The purposes of the PBO are—
    • (A) to improve service to students and other participants in the student financial assistance programs authorized under subchapter IV, including making those programs more understandable to students and their parents;
    • (B) to reduce the costs of administering those programs;
    • (C) to increase the accountability of the officials responsible for administering the operational aspects of these programs;
    • (D) to provide greater flexibility in the management and administration of the Federal student financial assistance programs;
    • (E) to integrate the information systems supporting the Federal student financial assistance programs;
    • (F) to implement an open, common, integrated system for the delivery of student financial assistance under subchapter IV; and
    • (G) to develop and maintain a student financial assistance system that contains complete, accurate, and timely data to ensure program integrity.
• (b)
  • (1) Notwithstanding any other provision of this part, the Secretary shall maintain responsibility for the development and promulgation of policy and regulations relating to the programs of student financial assistance under subchapter IV. In the exercise of its functions, the PBO shall be subject to the direction of the Secretary. The Secretary shall—
    • (A) request the advice of, and work in cooperation with, the Chief Operating Officer in developing regulations, policies, administrative guidance, or procedures affecting the Federal student financial assistance programs authorized under subchapter IV;
    • (B) request cost estimates from the Chief Operating Officer for system changes required by specific policies proposed by the Secretary; and
    • (C) assist the Chief Operating Officer in identifying goals for—
      • (i) the administration of the systems used to administer the Federal student financial assistance programs authorized under subchapter IV; and
      • (ii) the updating of such systems to current technology.
  • (2) Subject to paragraph (1), the PBO shall be responsible for the administration of Federal student financial assistance programs authorized under subchapter IV, excluding the development of policy relating to such programs but including the following:
    • (A) The administrative, accounting, and financial management functions for the Federal student financial assistance programs authorized under subchapter IV, including—
      • (i) the collection, processing, and transmission of data to students, institutions, lenders, State agencies, and other authorized parties;
      • (ii) the design and technical specifications for software development and procurement for systems supporting the Federal student financial assistance programs authorized under subchapter IV;
      • (iii) all software and hardware acquisitions and all information technology contracts related to the administration and management of student financial assistance under subchapter IV;
      • (iv) all aspects of contracting for the information and financial systems supporting the Federal student financial assistance programs authorized under subchapter IV;
      • (v) providing all customer service, training, and user support related to the administration of the Federal student financial assistance programs authorized under subchapter IV; and
      • (vi) ensuring the integrity of the Federal student financial assistance programs authorized under subchapter IV.
    • (B) Annual development of a budget for the activities and functions of the PBO, in consultation with the Secretary, and for consideration and inclusion in the Department’s annual budget submission.
  • (3) The Secretary may allocate to the PBO such additional functions as the Secretary and the Chief Operating Officer determine are necessary or appropriate to achieve the purposes of the PBO.
  • (4) Subject to paragraph (1), in carrying out its functions, the PBO shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions.
  • (5) The PBO shall be subject to the usual and customary Federal audit procedures and to review by the Inspector General of the Department.
  • (6)
    • (A) The Secretary and the Chief Operating Officer shall consult concerning the effects of policy, market, or other changes on the ability of the PBO to achieve the goals and objectives established in the performance plan described in subsection (c).
    • (B) The Secretary and the Chief Operating Officer may revise the annual performance agreement described in subsection (d)(4) in light of policy, market, or other changes that occur after the Secretary and the Chief Operating Officer enter into the agreement.
• (c)
  • (1)
    • (A) Each year, the Secretary and Chief Operating Officer shall agree on, and make available to the public, a performance plan for the PBO for the succeeding 5 years that establishes measurable goals and objectives for the organization.
    • (B) In developing the 5-year performance plan and any revision to the plan, the Secretary and the Chief Operating Officer shall consult with students, institutions of higher education, Congress, lenders, the Advisory Committee on Student Financial Assistance, and other interested parties not less than 30 days prior to the implementation of the performance plan or revision.
    • (C) The plan shall include a concise statement of the goals for a modernized system for the delivery of student financial assistance under subchapter IV and identify action steps necessary to achieve such goals. The plan shall address the PBO’s responsibilities in the following areas:
      • (i) Improving service to students and other participants in student financial aid programs authorized under under 1 1 So in original. subchapter IV, including making those programs more understandable to students and their parents.
      • (ii) Reducing the costs of administering those programs.
      • (iii) Improving and integrating the systems that support those programs.
      • (iv) Developing open, common, and integrated systems for programs authorized under under 1 subchapter IV.
      • (v) Any other areas identified by the Secretary.
  • (2) Each year, the Chief Operating Officer shall prepare and submit to Congress, through the Secretary, an annual report on the performance of the PBO, including an evaluation of the extent to which the PBO met the goals and objectives contained in the 5-year performance plan described in paragraph (1) for the preceding year. The annual report shall include the following:
    • (A) An independent financial audit of the expenditures of both the PBO and the programs administered by the PBO.
    • (B) Financial and performance requirements applicable to the PBO under the Chief Financial Officers Act of 1990 and the Government Performance and Results Act of 1993.
    • (C) The results achieved by the PBO during the year relative to the goals established in the organization’s performance plan.
    • (D) The evaluation rating of the performance of the Chief Operating Officer and senior managers under subsections (d)(4) and (e)(2), including the amounts of bonus compensation awarded to these individuals.
    • (E) Recommendations for legislative and regulatory changes to improve service to students and their families, and to improve program efficiency and integrity.
    • (F) Other such information as the Director of the Office of Management and Budget shall prescribe for performance based organizations.
  • (3) The Chief Operating Officer, in preparing the report described in paragraph (2), shall establish appropriate means to consult with students, borrowers, institutions, lenders, guaranty agencies, secondary markets, and others involved in the delivery system of student aid under subchapter IV—
    • (A) regarding the degree of satisfaction with the delivery system; and
    • (B) to seek suggestions on means to improve the delivery system.
  • (4) The Secretary shall, upon request, provide a briefing to the members of the authorizing committees on the steps the Department has taken to ensure—
    • (A) the integrity of the student loan programs; and
    • (B) that lenders and guaranty agencies are adhering to the requirements of subchapter IV.
• (d)
  • (1) The management of the PBO shall be vested in a Chief Operating Officer who shall be appointed by the Secretary to a term of not less than 3 and not more than 5 years, and compensated without regard to chapters 33, 51, and 53 of title 5. The appointment shall be made on the basis of demonstrated management ability and expertise in information technology, including experience with financial systems, and without regard to political affiliation or activity.
  • (2) The Secretary may reappoint the Chief Operating Officer to subsequent terms of not less than 3 and not more than 5 years, so long as the performance of the Chief Operating Officer, as set forth in the performance agreement described in paragraph (4), is satisfactory.
  • (3) The Chief Operating Officer may be removed by—
    • (A) the President; or
    • (B) the Secretary, for misconduct or failure to meet performance goals set forth in the performance agreement in paragraph (4).
  • (4)
    • (A) Each year, the Secretary and the Chief Operating Officer shall enter into an annual performance agreement, that shall set forth measurable organization and individual goals for the Chief Operating Officer.
    • (B) The final agreement, and any revision to the final agreement, shall be transmitted to the authorizing committees, and made publicly available.
  • (5)
    • (A) The Chief Operating Officer is authorized to be paid at an annual rate of basic pay not to exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5 , including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(B) of such title. The compensation of the Chief Operating Officer shall be considered for purposes of section 207(c)(2)(A) of title 18 to be the equivalent of that described under clause (ii) of section 207(c)(2)(A) of such title.
    • (B) In addition, the Chief Operating Officer may receive a bonus in an amount that does not exceed 50 percent of such annual rate of basic pay, based upon the Secretary’s evaluation of the Chief Operating Officer’s performance in relation to the goals set forth in the performance agreement described in paragraph (4).
    • (C) Payment of a bonus under subparagraph (B) may be made to the Chief Operating Officer only to the extent that such payment does not cause the Chief Operating Officer’s total aggregate compensation in a calendar year to equal or exceed the amount of the President’s salary under section 102 of title 3 .
• (e)
  • (1)
    • (A) The Chief Operating Officer may appoint such senior managers as that officer determines necessary without regard to the provisions of title 5 governing appointments in the competitive service.
    • (B) The senior managers described in subparagraph (A) 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.
  • (2) Each year, the Chief Operating Officer and each senior manager appointed under this subsection shall enter into an annual performance agreement that sets forth measurable organization and individual goals. The agreement shall be subject to review and renegotiation at the end of each term.
  • (3)
    • (A) A senior manager appointed under this subsection may be paid at an annual rate of basic pay of not more than the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5 , including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of such title. The compensation of a senior manager shall be considered for purposes of section 207(c)(2)(A) of title 18 to be the equivalent of that described under clause (ii) of section 207(c)(2)(A) of such title.
    • (B) In addition, a senior manager may receive a bonus in an amount such that the manager’s total annual compensation does not exceed 125 percent of the maximum rate of basic pay for the Senior Executive Service, including any applicable locality-based comparability payment, based upon the Chief Operating Officer’s evaluation of the manager’s performance in relation to the goals set forth in the performance agreement described in paragraph (2).
  • (4) A senior manager shall be removable by the Chief Operating Officer, or by the Secretary if the position of Chief Operating Officer is vacant.
• (f)
  • (1) The Chief Operating Officer, in consultation with the Secretary, shall appoint a Student Loan Ombudsman to provide timely assistance to borrowers of loans made, insured, or guaranteed under subchapter IV by performing the functions described in paragraph (3).
  • (2) The Chief Operating Officer shall disseminate information about the availability and functions of the Ombudsman to students, borrowers, and potential borrowers, as well as institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in those student loan programs.
  • (3) The Ombudsman shall—
    • (A) in accordance with regulations of the Secretary, receive, review, and attempt to resolve informally complaints from borrowers of loans described in paragraph (1), including, as appropriate, attempts to resolve such complaints within the Department of Education and with institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in the loan programs described in paragraph (1); and
    • (B) compile and analyze data on borrower complaints and make appropriate recommendations.
  • (4) Each year, the Ombudsman shall submit a report to the Chief Operating Officer, for inclusion in the annual report under subsection (c)(2), that describes the activities, and evaluates the effectiveness of the Ombudsman during the preceding year.
• (g)
  • (1) The PBO shall not be subject to any ceiling relating to the number or grade of employees.
  • (2) The Chief Operating Officer shall work with the Office of Personnel Management to develop and implement personnel flexibilities in staffing, classification, and pay that meet the needs of the PBO, subject to compliance with title 5.
  • (3) The Chief Operating Officer may appoint, without regard to the provisions of title 5 governing appointments in the competitive service, technical and professional employees to administer the functions of the PBO. These employees 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.
• (h) The PBO shall establish an annual performance management system, subject to compliance with title 5, and consistent with applicable provisions of law and regulations, which strengthens the effectiveness of the PBO by providing for establishing goals or objectives for individual, group, or organizational performance (or any combination thereof), consistent with the performance plan of the PBO and its performance planning procedures, including those established under the Government Performance and Results Act of 1993, and communicating such goals or objectives to employees.
• (i) The Secretary shall allocate from funds made available under section 1087h of this title such funds as are appropriate to the functions assumed by the PBO. In addition, there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this part.

§ 1018a. Procurement flexibility

• (a) Subject to the authority of the Secretary, the Chief Operating Officer of a PBO may exercise the authority of the Secretary to procure property and services in the performance of functions managed by the PBO. For the purposes of this section, the term “PBO” includes the Chief Operating Officer of the PBO and any employee of the PBO exercising procurement authority under the preceding sentence.
• (b) Except as provided in this section, the PBO shall abide by all applicable Federal procurement laws and regulations when procuring property and services. The PBO shall—
  • (1) enter into contracts to carry out the functions set forth in section 1018(b)(2) of this title ;
  • (2) obtain the services of experts and consultants without regard to section 3109 of title 5 and set pay in accordance with such section; and
  • (3) through the Chief Operating Officer—
    • (A) to the maximum extent practicable, utilize procurement systems that streamline operations, improve internal controls, and enhance management; and
    • (B) assess the efficiency of such systems and assess such systems’ ability to meet PBO requirements.
• (c)
  • (1) The Chief Operating Officer shall, to the extent practicable, maximize the use of performance-based servicing contracts, consistent with guidelines for such contracts published by the Office of Federal Procurement Policy, to achieve cost savings and improve service.
  • (2) The Chief Operating Officer shall, when appropriate and consistent with the purposes of the PBO, acquire services related to the functions set forth in section 1018(b)(2) of this title from any entity that has the capability and capacity to meet the requirements set by the PBO. The Chief Operating Officer is authorized to pay fees that are equivalent to those paid by other entities to an organization that provides services that meet the requirements of the PBO, as determined by the Chief Operating Officer.
• (d)
  • (1) The PBO may use a two-phase process for selecting a source for a procurement of property or services.
  • (2) The procedures for the first phase of the process for a procurement are as follows:
    • (A) The contracting officer for the procurement shall publish a notice of the procurement in accordance with section 1708 of title 41 and subsections (e), (f), and (g) of section 637 of title 15 , except that the notice shall include only the following:
      • (i) A general description of the scope or purpose of the procurement that provides sufficient information on the scope or purpose for sources to make informed business decisions regarding whether to participate in the procurement.
      • (ii) A description of the basis on which potential sources are to be selected to submit offers in the second phase.
      • (iii) A description of the information that is to be required under subparagraph (B).
      • (iv) Any additional information that the contracting officer determines appropriate.
    • (B) Each offeror for the procurement shall submit basic information, such as information on the offeror’s qualifications, the proposed conceptual approach, costs likely to be associated with the proposed conceptual approach, and past performance of the offeror, together with any additional information that is requested by the contracting officer.
    • (C) The contracting officer shall select the offerors that are to be eligible to participate in the second phase of the process. The contracting officer shall limit the number of the selected offerors to the number of sources that the contracting officer determines is appropriate and in the best interests of the Federal Government.
  • (3)
    • (A) The contracting officer shall conduct the second phase of the source selection process in accordance with sections 3306(a) to (e) and 3308, chapter 37, and section 4702 of title 41 .
    • (B) Only the sources selected in the first phase of the process shall be eligible to participate in the second phase.
    • (C) The second phase may include a single procurement or multiple procurements within the scope, or for the purpose, described in the notice pursuant to paragraph (2)(A).
  • (4) The procedures used for selecting a source for a procurement under this subsection shall be considered competitive procedures for all purposes.
• (e) Whenever the PBO anticipates that commercial products or commercial services will be offered for a procurement, the PBO may use (consistent with the special rules for commercial products and commercial services) the special simplified procedures for the procurement without regard to any dollar limitation otherwise applicable to the use of those procedures.
• (f)
  • (1) In carrying out a procurement, the PBO may—
    • (A) apply a shorter waiting period for the issuance of a solicitation after the publication of a notice under section 1708 of title 41 than is required under subsection (a)(3)(A) of such section; and
    • (B) notwithstanding subsection (a)(3) of such section, establish any deadline for the submission of bids or proposals that affords potential offerors a reasonable opportunity to respond to the solicitation.
  • (2) Paragraph (1) does not apply to a procurement of a commercial product or a commercial service.
  • (3) If an international agreement is applicable to the procurement, any exercise of authority under paragraph (1) shall be consistent with the international agreement.
• (g)
  • (1) The PBO may satisfy the requirements of the PBO for a system incrementally by carrying out successive procurements of modules of the system. In doing so, the PBO may use procedures authorized under this subsection to procure any such module after the first module.
  • (2) A module may not be procured for a system under this subsection unless the module is useful independently of the other modules or useful in combination with another module previously procured for the system.
  • (3) The PBO may use procedures authorized under paragraph (4) for the procurement of an additional module for a system if—
    • (A) competitive procedures were used for awarding the contract for the procurement of the first module for the system; and
    • (B) the solicitation for the first module included—
      • (i) a general description of the entire system that was sufficient to provide potential offerors with reasonable notice of the general scope of future modules;
      • (ii) other information sufficient for potential offerors to make informed business judgments regarding whether to submit offers for the contract for the first module; and
      • (iii) a statement that procedures authorized under this subsection could be used for awarding subsequent contracts for the procurement of additional modules for the system.
  • (4) If the procurement of the first module for a system meets the requirements set forth in paragraph (3), the PBO may award a contract for the procurement of an additional module for the system using any of the following procedures:
    • (A) Award of the contract on a single-source basis to a contractor who was awarded a contract for a module previously procured for the system under competitive procedures or procedures authorized under subparagraph (B).
    • (B) Award of the contract on the basis of offers made by—
      • (i) a contractor who was awarded a contract for a module previously procured for the system after having been selected for award of the contract under this subparagraph or other competitive procedures; and
      • (ii) at least one other offeror that submitted an offer for a module previously procured for the system and is expected, on the basis of the offer for the previously procured module, to submit a competitive offer for the additional module.
    • (C) Award of the contract under any other procedure authorized by law.
  • (5)
    • (A) Not less than 30 days before issuing a solicitation for offers for a contract for a module for a system under procedures authorized under subparagraph (A) or (B) of paragraph (4), the PBO shall publish in the Commerce Business Daily a notice of the intent to use such procedures to enter into the contract.
    • (B) Publication of a notice is not required under this paragraph with respect to a use of procedures authorized under paragraph (4) if the contractor referred to in that subparagraph (who is to be solicited to submit an offer) has previously provided a module for the system under a contract that contained cost, schedule, and performance goals and the contractor met those goals.
    • (C) A notice published under subparagraph (A) with respect to a use of procedures described in paragraph (4) shall contain the information required under section 1708(c) of title 41 , other than paragraph (4) of such section, and shall invite the submission of any assertion that the use of the procedures for the procurement involved is not in the best interest of the Federal Government together with information supporting the assertion.
  • (6) The basis for an award of a contract under this subsection shall be documented. However, a justification pursuant to section 3304(e) of title 41 or section 637(h) of title 15 is not required.
  • (7) The PBO may award a contract under any other simplified procedures prescribed by the PBO for the selection of sources for the procurement of modules for a system, after the first module, that are not to be procured under a contract awarded on a single-source basis.
• (h)
  • (1) The PBO may use special simplified procedures for a procurement of services that are not commercial services if—
    • (A) the procurement is in an amount not greater than $1,000,000;
    • (B) the procurement is conducted as a small business set-aside pursuant to section 644(a) of title 15 ; and
    • (C) the price charged for supplies associated with the services procured are items of supply expected to be less than 20 percent of the total contract price.
  • (2) The authority set forth in paragraph (1) may not be used for—
    • (A) an award of a contract on a single-source basis; or
    • (B) a contract for construction.
• (i)
  • (1) The Chief Operating Officer of the PBO, in consultation with the Administrator for Federal Procurement Policy, shall issue guidance for the use by PBO personnel of the authority provided in this section.
  • (2) As part of the consultation required under paragraph (1), the Administrator for Federal Procurement Policy shall provide the PBO with guidance that is designed to ensure, to the maximum extent practicable, that the authority under this section is exercised by the PBO in a manner that is consistent with the exercise of the authority by the heads of the other performance-based organizations.
  • (3) The head of the PBO shall ensure that the procurements of the PBO under this section are carried out in a manner that is consistent with the guidance provided for the PBO under paragraph (2).
• (j) No department or agency of the Federal Government may purchase property or services under contracts entered into or administered by a PBO under this section unless the purchase is approved in advance by the senior procurement official of that department or agency who is responsible for purchasing by the department or agency.
• (k) Nothing in this section shall be construed to waive laws for the enforcement of civil rights or for the establishment and enforcement of labor standards that are applicable to contracts of the Federal Government.
• (l) In this section:
  • (1) The term “commercial product” has the meaning given the term in section 103 of title 41 .
  • (2) The term “commercial service” has the meaning given the term in section 103a of title 41 .
  • (3) The term “competitive procedures” has the meaning given the term in section 152 of title 41 .
  • (4) The term “single-source basis”, with respect to an award of a contract, means that the contract is awarded to a source after soliciting an offer or offers from, and negotiating with, only such source (although such source is not the only source in the marketplace capable of meeting the need) because such source is the most advantageous source for purposes of the award.
  • (5) The term “special rules for commercial products and commercial services” means the regulations set forth in the Federal Acquisition Regulation pursuant to sections 1901 and 3305(a) of title 41.
  • (6) The term “special simplified procedures” means the procedures applicable to purchases of property and services for amounts not greater than the simplified acquisition threshold that are set forth in the Federal Acquisition Regulation pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41.

§ 1018b. Administrative simplification of student aid delivery

• (a) In order to improve the efficiency and effectiveness of the student aid delivery system, the Secretary and the Chief Operating Officer shall encourage and participate in the establishment of voluntary consensus standards and requirements for the electronic transmission of information necessary for the administration of programs under subchapter IV.
• (b)
  • (1) The Chief Operating Officer shall participate in the activities of standard setting organizations in carrying out the provisions of this section.
  • (2) The Chief Operating Officer shall encourage higher education groups seeking to develop common forms, standards, and procedures in support of the delivery of Federal student financial assistance to conduct these activities within a standard setting organization.
  • (3) The Chief Operating Officer may pay necessary dues and fees associated with participating in standard setting organizations pursuant to this subsection.
• (c) Except with respect to the common financial reporting form under section 1090(a) of this title , the Secretary shall consider adopting voluntary consensus standards agreed to by the organization described in subsection (b) for transactions required under subchapter IV, and common data elements for such transactions, to enable information to be exchanged electronically between systems administered by the Department and among participants in the Federal student aid delivery system.
• (d) Nothing in this section shall restrict the ability of participating institutions and lenders from using a clearinghouse or servicer to comply with the standards for the exchange of information established under this section.
• (e) Any entity that maintains or transmits information under a transaction covered by this section shall maintain reasonable and appropriate administrative, technical, and physical safeguards—
  • (1) to ensure the integrity and confidentiality of the information; and
  • (2) to protect against any reasonably anticipated security threats, or unauthorized uses or disclosures of the information.
• (f)
  • (1) The term “clearinghouse” means a public or private entity that processes or facilitates the processing of nonstandard data elements into data elements conforming to standards adopted under this section.
  • (2) The term “standard setting organization” means an organization that—
    • (A) is accredited by the American National Standards Institute;
    • (B) develops standards for information transactions, data elements, or any other standard that is necessary to, or will facilitate, the implementation of this section; and
    • (C) is open to the participation of the various entities engaged in the delivery of Federal student financial assistance.
  • (3) The term “voluntary consensus standard” means a standard developed or used by a standard setting organization described in paragraph (2).

§ 1019. Definitions

In this part:

• (1) The term “agent” means an officer or employee of a covered institution or an institution-affiliated organization.
• (2) The term “covered institution” means any institution of higher education, as such term is defined in section 1002 of this title , that receives any Federal funding or assistance.
• (3) The term “education loan” (except when used as part of the term “private education loan”) means—
  • (A) any loan made, insured, or guaranteed under part B of subchapter IV;
  • (B) any loan made under part D of subchapter IV; or
  • (C) a private education loan.
• (4) The term “eligible lender” has the meaning given such term in section 1085(d) of this title .
• (5) The term “institution-affiliated organization”—
  • (A) means any organization that—
    • (i) is directly or indirectly related to a covered institution; and
    • (ii) is engaged in the practice of recommending, promoting, or endorsing education loans for students attending such covered institution or the families of such students;
  • (B) may include an alumni organization, athletic organization, foundation, or social, academic, or professional organization, of a covered institution; and
  • (C) notwithstanding subparagraphs (A) and (B), does not include any lender with respect to any education loan secured, made, or extended by such lender.
• (6) The term “lender” (except when used as part of the terms “eligible lender” and “private educational lender”)—
  • (A) means—
    • (i) in the case of a loan made, insured, or guaranteed under part B of subchapter IV, an eligible lender;
    • (ii) in the case of any loan issued or provided to a student under part D of subchapter IV, the Secretary; and
    • (iii) in the case of a private education loan, a private educational lender as defined in section 1650 of title 15 ; and
  • (B) includes any other person engaged in the business of securing, making, or extending education loans on behalf of the lender.
• (7) The term “officer” includes a director or trustee of a covered institution or institution-affiliated organization, if such individual is treated as an employee of such covered institution or institution-affiliated organization, respectively.
• (8) The term “preferred lender arrangement”—
  • (A) means an arrangement or agreement between a lender and a covered institution or an institution-affiliated organization of such covered institution—
    • (i) under which a lender provides or otherwise issues education loans to the students attending such covered institution or the families of such students; and
    • (ii) that relates to such covered institution or such institution-affiliated organization recommending, promoting, or endorsing the education loan products of the lender; and
  • (B) does not include—
    • (i) arrangements or agreements with respect to loans under part D of subchapter IV; or
    • (ii) arrangements or agreements with respect to loans that originate through the auction pilot program under section 1099d(b) of this title .
• (9) The term “private education loan” has the meaning given the term in section 1650 of title 15 .

§ 1019a. Responsibilities of covered institutions, institution-affiliated organizations, and lenders

• (a)
  • (1)
    • (A) In addition to the disclosures required by subsections (a)(27) and (h) of section 1094 of this title (if applicable), a covered institution, or an institution-affiliated organization of such covered institution, that participates in a preferred lender arrangement shall disclose—
      • (i) on such covered institution’s or institution-affiliated organization’s website and in all informational materials described in subparagraph (C) that describe or discuss education loans—
        • (I) the maximum amount of Federal grant and loan aid under subchapter IV available to students, in an easy to understand format;
        • (II) the information required to be disclosed pursuant to section 1019b(a)(2)(A)(i) of this title , for each type of loan described in section 1019(3)(A) of this title that is offered pursuant to a preferred lender arrangement of the institution or organization to students of the institution or the families of such students; and
        • (III) a statement that such institution is required to process the documents required to obtain a loan under part B of subchapter IV from any eligible lender the student selects; and
      • (ii) on such covered institution’s or institution-affiliated organization’s website and in all informational materials described in subparagraph (C) that describe or discuss private education loans—
        • (I) in the case of a covered institution, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(11) of title 15 , for each type of private education loan offered pursuant to a preferred lender arrangement of the institution to students of the institution or the families of such students; and
        • (II) in the case of an institution-affiliated organization of a covered institution, the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(1) of title 15 , for each type of private education loan offered pursuant to a preferred lender arrangement of the organization to students of such institution or the families of such students.
    • (B) A covered institution, or an institution-affiliated organization of such covered institution, that provides information regarding a private education loan from a lender to a prospective borrower shall—
      • (i) provide the prospective borrower with the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(1) of title 15 for such loan;
      • (ii) inform the prospective borrower that—
        • (I) the prospective borrower may qualify for loans or other assistance under subchapter IV; and
        • (II) the terms and conditions of loans made, insured, or guaranteed under subchapter IV may be more favorable than the provisions of private education loans; and
      • (iii) ensure that information regarding private education loans is presented in such a manner as to be distinct from information regarding loans that are made, insured, or guaranteed under subchapter IV.
    • (C) The informational materials described in this subparagraph are publications, mailings, or electronic messages or materials that—
      • (i) are distributed to prospective or current students of a covered institution and families of such students; and
      • (ii) describe or discuss the financial aid opportunities available to students at an institution of higher education.
  • (2) A covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans shall not agree to the lender’s use of the name, emblem, mascot, or logo of such institution or organization, or other words, pictures, or symbols readily identified with such institution or organization, in the marketing of private education loans to students attending such institution in any way that implies that the loan is offered or made by such institution or organization instead of the lender.
  • (3) A covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans shall ensure that the name of the lender is displayed in all information and documentation related to such loans.
• (b)
  • (1)
    • (A)
      • (i) For each education loan that is made, insured, or guaranteed under part B or D of subchapter IV (other than a loan made under section 1078–3 of this title or a Federal Direct Consolidation Loan), at or prior to the time the lender disburses such loan, the lender shall provide the prospective borrower or borrower, in writing (including through electronic means), with the disclosures described in subsections (a) and (c) of section 1083 of this title .
      • (ii) For each of a lender’s private education loans, the lender shall comply with the disclosure requirements under section 1638(e) of title 15 .
    • (B)
      • (i) Each lender of a loan made, insured, or guaranteed under part B of subchapter IV shall, on an annual basis, report to the Secretary—
        • (I) any reasonable expenses paid or provided under section 1085(d)(5)(D) of this title or paragraph (3)(B) or (7) of section 1094(e) of this title to any agent of a covered institution who—
        • (II) any similar expenses paid or provided to any agent of an institution-affiliated organization who is involved in the practice of recommending, promoting, or endorsing education loans.
      • (ii) Each report described in clause (i) shall include—
        • (I) the amount for each specific instance in which the lender provided such expenses;
        • (II) the name of any agent described in clause (i) to whom the expenses were paid or provided;
        • (III) the dates of the activity for which the expenses were paid or provided; and
        • (IV) a brief description of the activity for which the expenses were paid or provided.
      • (iii) The Secretary shall summarize the information received from the lenders under this subparagraph in a report and transmit such report annually to the authorizing committees.
  • (2) Not later than 18 months after August 14, 2008 —
    • (A) in addition to any other disclosure required under Federal law, each lender of a loan made, insured, or guaranteed under part B of subchapter IV that participates in one or more preferred lender arrangements shall annually certify the lender’s compliance with the requirements of this chapter; and
    • (B) if an audit of a lender is required pursuant to section 1078(b)(1)(U)(iii) of this title , the lender’s compliance with the requirements under this section shall be reported on and attested to annually by the auditor of such lender.

§ 1019b. Loan information to be disclosed and model disclosure form for covered institutions, institution-affiliated organizations, and lenders participating in preferred lender arrangements

• (a)
  • (1)
    • (A) Not later than 18 months after August 14, 2008 , the Secretary, in coordination with the Board of Governors of the Federal Reserve System, shall determine the minimum information that lenders, covered institutions, and institution-affiliated organizations of such covered institutions participating in preferred lender arrangements shall make available regarding education loans described in section 1019(3)(A) of this title that are offered to students and the families of such students.
    • (B) In carrying out subparagraph (A), the Secretary shall—
      • (i) consult with students, the families of such students, representatives of covered institutions (including financial aid administrators, admission officers, and business officers), representatives of institution-affiliated organizations, secondary school guidance counselors, lenders, loan servicers, and guaranty agencies;
      • (ii) include, in the minimum information under subparagraph (A) that is required to be made available, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(1) of title 15 , modified as necessary to apply to such loans; and
      • (iii) consider the merits of requiring each covered institution, and each institution-affiliated organization of such covered institution, with a preferred lender arrangement to provide to prospective borrowers and the families of such borrowers the following information for each type of education loan offered pursuant to such preferred lender arrangement:
        • (I) The interest rate and terms and conditions of the loan for the next award year, including loan forgiveness and deferment.
        • (II) Information on any charges, such as origination and Federal default fees, that are payable on the loan, and whether those charges will be—
        • (III) The annual and aggregate maximum amounts that may be borrowed.
        • (IV) The average amount borrowed from the lender by students who graduated from such institution in the preceding year with certificates, undergraduate degrees, graduate degrees, and professional degrees, as applicable, and who obtained loans of such type from the lender for the preceding year.
        • (V) The amount the borrower may pay in interest, based on a standard repayment plan and the average amount borrowed from the lender by students who graduated from such institution in the preceding year and who obtained loans of such type from the lender for the preceding year, for—
        • (VI) The consequences for the borrower of defaulting on a loan, including limitations on the discharge of an education loan in bankruptcy.
        • (VII) Contact information for the lender.
        • (VIII) Other information suggested by the persons and entities with whom the Secretary has consulted under clause (i).
  • (2) After making the determinations under paragraph (1), the Secretary, in coordination with the Board of Governors of the Federal Reserve System and after consultation with the public, shall—
    • (A)
      • (i) provide that the information determined under paragraph (1) shall be disclosed by covered institutions, and institution-affiliated organizations of such covered institutions, with preferred lender arrangements to prospective borrowers and the families of such borrowers regarding the education loans described in section 1019(3)(A) of this title that are offered pursuant to such preferred lender arrangements; and
      • (ii) make clear that such covered institutions and institution-affiliated organizations may provide the required information on a form designed by the institution or organization instead of the model disclosure form described in subparagraph (B);
    • (B) develop a model disclosure form that may be used by covered institutions, institution-affiliated organizations, and preferred lenders that includes all of the information required under subparagraph (A)(i) in a format that—
      • (i) is easily usable by students, families, institutions, institution-affiliated organizations, lenders, loan servicers, and guaranty agencies; and
      • (ii) is similar in format to the form developed by the Board of Governors of the Federal Reserve System under paragraphs (1) and (5)(A) of section 1638(e) 1 1 See References in Text note below. of title 15, in order to permit students and the families of students to easily compare private education loans and education loans described in section 1019(3)(A) of this title ; and
    • (C) update such model disclosure form periodically, as necessary.
• (b) Each lender that has a preferred lender arrangement with a covered institution, or an institution-affiliated organization of such covered institution, with respect to education loans described in section 1019(3)(A) of this title shall annually, by a date determined by the Secretary, provide to such covered institution or such institution-affiliated organization, and to the Secretary, the information the Secretary requires pursuant to subsection (a)(2)(A)(i) for each type of education loan described in section 1019(3)(A) of this title that the lender plans to offer pursuant to such preferred lender arrangement to students attending such covered institution, or to the families of such students, for the next award year.
• (c)
  • (1)
    • (A) Each covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement shall provide the following information to students attending such institution, or the families of such students, as applicable:
      • (i) The information the Secretary requires pursuant to subsection (a)(2)(A)(i), for each type of education loan described in section 1019(3)(A) of this title offered pursuant to a preferred lender arrangement to students of such institution or the families of such students.
      • (ii)
        • (I) In the case of a covered institution, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(11) of title 15 to the covered institution, for each type of private education loan offered pursuant to such preferred lender arrangement to students of such institution or the families of such students.
        • (II) In the case of an institution-affiliated organization, the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(1) of title 15 , for each type of private education loan offered pursuant to such preferred lender arrangement to students of the institution with which such organization is affiliated or the families of such students.
    • (B) The information described in subparagraph (A) shall be provided in a manner that allows for the students or the families to take such information into account before selecting a lender or applying for an education loan.
  • (2) Each covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement, shall—
    • (A) prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, for each lender that has a preferred lender arrangement with such covered institution or organization—
      • (i) the information described in clauses (i) and (ii) of paragraph (1)(A); and
      • (ii) a detailed explanation of why such covered institution or institution-affiliated organization entered into a preferred lender arrangement with the lender, including why the terms, conditions, and provisions of each type of education loan provided pursuant to the preferred lender arrangement are beneficial for students attending such institution, or the families of such students, as applicable; and
    • (B) ensure that the report required under subparagraph (A) is made available to the public and provided to students attending or planning to attend such covered institution and the families of such students.
  • (3)
    • (A) Each covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement, shall comply with the code of conduct requirements of subparagraphs (A) through (C) of section 1094(a)(25) of this title .
    • (B) For purposes of subparagraph (A), an institution-affiliated organization of a covered institution shall—
      • (i) comply with the code of conduct developed and published by such covered institution under subparagraphs (A) and (B) of section 1094(a)(25) of this title ;
      • (ii) if such institution-affiliated organization has a website, publish such code of conduct prominently on the website; and
      • (iii) administer and enforce such code of conduct by, at a minimum, requiring that all of such organization’s agents with responsibilities with respect to education loans be annually informed of the provisions of such code of conduct.

§ 1019c. Loan information to be disclosed and model disclosure form for institutions participating in the William D. Ford Federal Direct Loan Program

• (a) Not later than 180 days after the development of the model disclosure form under section 1019b(a)(2)(B) of this title , the Secretary shall provide each institution of higher education participating in the William D. Ford Direct Loan Program under part D of subchapter IV with a completed model disclosure form including the same information for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS loans made to, or on behalf of, students attending each such institution as is required on such form for loans described in section 1019(3)(A) of this title .
• (b)
  • (1) Each institution of higher education participating in the William D. Ford Direct Loan Program under part D of subchapter IV shall—
    • (A) make the information the Secretary provides to the institution under subsection (a) available to students attending or planning to attend the institution, or the families of such students, as applicable; and
    • (B) if the institution provides information regarding a private education loan to a prospective borrower, concurrently provide such borrower with the information the Secretary provides to the institution under subsection (a).
  • (2) In providing the information required under paragraph (1), an institution of higher education may use a comparable form designed by the institution instead of the model disclosure form developed under section 1019b(a)(2)(B) of this title .

§ 1019d. Self-certification form for private education loans

• (a) The Secretary, in consultation with the Board of Governors of the Federal Reserve System, shall develop the self-certification form for private education loans that shall be used to satisfy the requirements of section 1638(e)(3) of title 15 . Such form shall—
  • (1) be developed in a standardized format;
  • (2) be made available to the applicant by the relevant institution of higher education, in written or electronic form, upon request of the applicant;
  • (3) contain only disclosures that—
    • (A) the applicant may qualify for Federal student financial assistance through a program under subchapter IV of this chapter, or State or institutional student financial assistance, in place of, or in addition to, a private education loan;
    • (B) the applicant is encouraged to discuss the availability of Federal, State, and institutional student financial assistance with financial aid officials at the applicant’s institution of higher education;
    • (C) a private education loan may affect the applicant’s eligibility for free or low-cost Federal, State or institutional student financial assistance; and
    • (D) the information that the applicant is required to provide on the form is available from officials at the financial aid office of the institution of higher education;
  • (4) include a place to provide information on—
    • (A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under part F of subchapter IV;
    • (B) the applicant’s estimated financial assistance, including amounts of financial assistance used to replace the expected family contribution, as determined by the institution, in accordance with subchapter IV, for students who have completed the Free Application for Federal Student Aid; and
    • (C) the difference between the amounts under subparagraphs (A) and (B), as applicable; and
  • (5) include a place for the applicant’s signature, in written or electronic form.
• (b) Nothing in this section shall be construed to create a private right of action against an institution of higher education with respect to the form developed under subsection (a).

§ 1021. Definitions

In this subchapter:

• (1) The term “arts and sciences” means—
  • (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and
  • (B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit.
• (2) The term “children from low-income families” means children described in section 6333(c)(1)(A) of this title .
• (3) The term “core academic subjects” means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.
• (4) The term “early childhood educator” means an individual with primary responsibility for the education of children in an early childhood education program.
• (5) The term “educational service agency” has the meaning given the term in section 7801 of this title .
• (6) Except as otherwise provided in section 1034 of this title , the term “eligible partnership” means an entity that—
  • (A) shall include—
    • (i) a high-need local educational agency;
    • (ii)
      • (I) a high-need school or a consortium of high-need schools served by the high-need local educational agency; or
      • (II) as applicable, a high-need early childhood education program;
    • (iii) a partner institution;
    • (iv) a school, department, or program of education within such partner institution, which may include an existing teacher professional development program with proven outcomes within a four-year institution of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of this subchapter; and
    • (v) a school or department of arts and sciences within such partner institution; and
  • (B) may include any of the following:
    • (i) The Governor of the State.
    • (ii) The State educational agency.
    • (iii) The State board of education.
    • (iv) The State agency for higher education.
    • (v) A business.
    • (vi) A public or private nonprofit educational organization.
    • (vii) An educational service agency.
    • (viii) A teacher organization.
    • (ix) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership.
    • (x) A charter school (as defined in section 7221i of this title ).
    • (xi) A school or department within the partner institution that focuses on psychology and human development.
    • (xii) A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development.
    • (xiii) An entity operating a program that provides alternative routes to State certification of teachers.
• (7) The term “essential components of reading instruction” has the meaning given the term in section 6368 of this title as such section was in effect on the day before December 10, 2015 .
• (8) The term “exemplary teacher” has the meaning given the term in section 7801 of this title as such section was in effect on the day before December 10, 2015 .
• (9) The term “high-need early childhood education program” means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency.
• (10) The term “high-need local educational agency” means a local educational agency—
  • (A)
    • (i) for which not less than 20 percent of the children served by the agency are children from low-income families;
    • (ii) that serves not fewer than 10,000 children from low-income families;
    • (iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 7345(b) of this title ; or
    • (iv) that meets the eligibility requirements for funding under the Rural and Low-Income School Program under section 7351(b) of this title ; and
  • (B)
    • (i) for which there is a high percentage of teachers not teaching in the academic subject areas or grade levels in which the teachers were trained to teach; or
    • (ii) for which there is a high teacher turnover rate or a high percentage of teachers with emergency, provisional, or temporary certification or licensure.
• (11)
  • (A) The term “high-need school” means a school that, based on the most recent data available, meets one or both of the following:
    • (i) The school is in the highest quartile of schools in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty:
      • (I) The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary.
      • (II) The percentage of students eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act [ 42 U.S.C. 1751 et seq.].
      • (III) The percentage of students in families receiving assistance under the State program funded under part A of title IV of the Social Security Act [ 42 U.S.C. 601 et seq.].
      • (IV) The percentage of students eligible to receive medical assistance under the Medicaid program.
      • (V) A composite of two or more of the measures described in subclauses (I) through (IV).
    • (ii) In the case of—
      • (I) an elementary school, the school serves students not less than 60 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act; or
      • (II) any other school that is not an elementary school, the other school serves students not less than 45 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act.
  • (B)
    • (i) The Secretary may, upon approval of an application submitted by an eligible partnership seeking a grant under this subchapter, designate a school that does not qualify as a high-need school under subparagraph (A) as a high-need school for the purpose of this subchapter. The Secretary shall base the approval of an application for designation of a school under this clause on a consideration of the information required under clause (ii), and may also take into account other information submitted by the eligible partnership.
    • (ii) An application for designation of a school under clause (i) shall include—
      • (I) the number and percentage of students attending such school who are—
      • (II) information about the student academic achievement of students at such school; and
      • (III) for a secondary school, the graduation rate for such school.
• (12) The term “highly competent”, when used with respect to an early childhood educator, means an educator—
  • (A) with specialized education and training in development and education of young children from birth until entry into kindergarten;
  • (B) with—
    • (i) a baccalaureate degree in an academic major in the arts and sciences; or
    • (ii) an associate’s degree in a related educational area; and
  • (C) who has demonstrated a high level of knowledge and use of content and pedagogy in the relevant areas associated with quality early childhood education.
• (13)
• (14) The term “induction program” means a formalized program for new teachers during not less than the teachers’ first two years of teaching that is designed to provide support for, and improve the professional performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching skills and shall include the following components:
  • (A) High-quality teacher mentoring.
  • (B) Periodic, structured time for collaboration with teachers in the same department or field, including mentor teachers, as well as time for information-sharing among teachers, principals, administrators, other appropriate instructional staff, and participating faculty in the partner institution.
  • (C) The application of empirically-based practice and scientifically valid research on instructional practices.
  • (D) Opportunities for new teachers to draw directly on the expertise of teacher mentors, faculty, and researchers to support the integration of empirically-based practice and scientifically valid research with practice.
  • (E) The development of skills in instructional and behavioral interventions derived from empirically-based practice and, where applicable, scientifically valid research.
  • (F) Faculty who—
    • (i) model the integration of research and practice in the classroom; and
    • (ii) assist new teachers with the effective use and integration of technology in the classroom.
  • (G) Interdisciplinary collaboration among exemplary teachers, faculty, researchers, and other staff who prepare new teachers with respect to the learning process and the assessment of learning.
  • (H) Assistance with the understanding of data, particularly student achievement data, and the applicability of such data in classroom instruction.
  • (I) Regular and structured observation and evaluation of new teachers by multiple evaluators, using valid and reliable measures of teaching skills.
• (15) The term “limited English proficient” has the meaning given the term “English learner” in section 7801 of this title .
• (16) The term “parent” has the meaning given the term in section 7801 of this title .
• (17) The term “partner institution” means an institution of higher education, which may include a two-year institution of higher education offering a dual program with a four-year institution of higher education, participating in an eligible partnership that has a teacher preparation program—
  • (A) whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through—
    • (i) demonstrating that 80 percent or more of the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area in which the teacher intends to teach; or
    • (ii) being ranked among the highest-performing teacher preparation programs in the State as determined by the State—
      • (I) using criteria consistent with the requirements for the State report card under section 1022d(b) of this title before the first publication of such report card; and
      • (II) using the State report card on teacher preparation required under section 1022d(b) of this title , after the first publication of such report card and for every year thereafter; and
  • (B) that requires—
    • (i) each student in the program to meet high academic standards or demonstrate a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical experience;
    • (ii) each student in the program preparing to become a teacher who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title ; and
    • (iii) each student in the program preparing to become an early childhood educator to meet degree requirements, as established by the State, and become highly competent.
• (18) The term “principles of scientific research” means principles of research that—
  • (A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs;
  • (B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and
  • (C) include, appropriate to the research being conducted—
    • (i) use of systematic, empirical methods that draw on observation or experiment;
    • (ii) use of data analyses that are adequate to support the general findings;
    • (iii) reliance on measurements or observational methods that provide reliable and generalizable findings;
    • (iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;
    • (v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;
    • (vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and
    • (vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions.
• (19) The term “professional development” has the meaning given the term in section 7801 of this title .
• (20) The term “scientifically valid research” includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.
• (21) The term “teacher mentoring” means the mentoring of new or prospective teachers through a program that—
  • (A) includes clear criteria for the selection of teacher mentors who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher effectiveness;
  • (B) provides high-quality training for such mentors, including instructional strategies for literacy instruction and classroom management (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports);
  • (C) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the day in a high-need school in the high-need local educational agency in the eligible partnership;
  • (D) provides paid release time for mentors, as applicable;
  • (E) provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee;
  • (F) promotes empirically-based practice of, and scientifically valid research on, where applicable—
    • (i) teaching and learning;
    • (ii) assessment of student learning;
    • (iii) the development of teaching skills through the use of instructional and behavioral interventions; and
    • (iv) the improvement of the mentees’ capacity to measurably advance student learning; and
  • (G) includes—
    • (i) common planning time or regularly scheduled collaboration for the mentor and mentee; and
    • (ii) joint professional development opportunities.
• (22) The term “teaching residency program” means a school-based teacher preparation program in which a prospective teacher—
  • (A) for one academic year, teaches alongside a mentor teacher, who is the teacher of record;
  • (B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed;
  • (C) acquires effective teaching skills; and
  • (D) prior to completion of the program—
    • (i) attains full State certification or licensure and, with respect to special education teachers, meets the qualifications described in section 1412(a)(14)(C) of this title ; and
    • (ii) acquires a master’s degree not later than 18 months after beginning the program.
• (23) The term “teaching skills” means skills that enable a teacher to—
  • (A) increase student learning, achievement, and the ability to apply knowledge;
  • (B) effectively convey and explain academic subject matter;
  • (C) effectively teach higher-order analytical, evaluation, problem-solving, and communication skills;
  • (D) employ strategies grounded in the disciplines of teaching and learning that—
    • (i) are based on empirically-based practice and scientifically valid research, where applicable, related to teaching and learning;
    • (ii) are specific to academic subject matter; and
    • (iii) focus on the identification of students’ specific learning needs, particularly students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs;
  • (E) conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and evaluation);
  • (F) effectively manage a classroom, including the ability to implement positive behavioral interventions and support strategies;
  • (G) communicate and work with parents, and involve parents in their children’s education; and
  • (H) use, in the case of an early childhood educator, age-appropriate and developmentally appropriate strategies and practices for children in early childhood education programs.

§ 1022. Purposes

The purposes of this part are to—

• (1) improve student achievement;
• (2) improve the quality of prospective and new teachers by improving the preparation of prospective teachers and enhancing professional development activities for new teachers;
• (3) hold teacher preparation programs at institutions of higher education accountable for preparing teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title ; and
• (4) recruit highly qualified individuals, including minorities and individuals from other occupations, into the teaching force.

§ 1022a. Partnership grants

• (a) From amounts made available under section 1022h of this title , the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in subsection (c).
• (b) Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain—
  • (1) a needs assessment of the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention of general education and special education teachers, principals, and, as applicable, early childhood educators;
  • (2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare prospective and new teachers with strong teaching skills;
  • (3) a description of how such program will prepare prospective and new teachers to understand and use research and data to modify and improve classroom instruction;
  • (4) a description of—
    • (A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other teacher preparation or professional development programs, including programs funded under the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6301 et seq.] and the Individuals with Disabilities Education Act [ 20 U.S.C. 1400 et seq.], and through the National Science Foundation; and
    • (B) how the activities of the partnership will be consistent with State, local, and other education reform activities that promote teacher quality and student academic achievement;
  • (5) an assessment that describes the resources available to the eligible partnership, including—
    • (A) the integration of funds from other related sources;
    • (B) the intended use of the grant funds; and
    • (C) the commitment of the resources of the partnership to the activities assisted under this section, including financial support, faculty participation, and time commitments, and to the continuation of the activities when the grant ends;
  • (6) a description of—
    • (A) how the eligible partnership will meet the purposes of this part;
    • (B) how the partnership will carry out the activities required under subsection (d) or (e), based on the needs identified in paragraph (1), with the goal of improving student academic achievement;
    • (C) if the partnership chooses to use funds under this section for a project or activities under subsection (f) or (g), how the partnership will carry out such project or required activities based on the needs identified in paragraph (1), with the goal of improving student academic achievement;
    • (D) the partnership’s evaluation plan under section 1022c(a) of this title ;
    • (E) how the partnership will align the teacher preparation program under subsection (c) with the—
      • (i) State early learning standards for early childhood education programs, as appropriate, and with the relevant domains of early childhood development; and
      • (ii) challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6311(b)(1) ], established by the State in which the partnership is located;
    • (F) how the partnership will prepare general education teachers to teach students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act [ 20 U.S.C. 1414(d)(1)(B) ];
    • (G) how the partnership will prepare general education and special education teachers to teach students who are limited English proficient;
    • (H) how faculty at the partner institution will work, during the term of the grant, with teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [ 20 U.S.C. 1412(a)(14)(C) ], in the classrooms of high-need schools served by the high-need local educational agency in the partnership to—
      • (i) provide high-quality professional development activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers; and
      • (ii) train other classroom teachers to implement literacy programs that incorporate the essential components of reading instruction;
    • (I) how the partnership will design, implement, or enhance a year-long and rigorous teaching preservice clinical program component;
    • (J) how the partnership will support in-service professional development strategies and activities; and
    • (K) how the partnership will collect, analyze, and use data on the retention of all teachers and early childhood educators in schools and early childhood education programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher and educator support system; and
  • (7) with respect to the induction program required as part of the activities carried out under this section—
    • (A) a demonstration that the schools and departments within the institution of higher education that are part of the induction program will effectively prepare teachers, including providing content expertise and expertise in teaching, as appropriate;
    • (B) a demonstration of the eligible partnership’s capability and commitment to, and the accessibility to and involvement of faculty in, the use of empirically-based practice and scientifically valid research on teaching and learning;
    • (C) a description of how the teacher preparation program will design and implement an induction program to support, through not less than the first two years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the high-need local educational agency in the partnership, and, to the extent practicable, all new teachers who teach in such high-need local educational agency, in the further development of the new teachers’ teaching skills, including the use of mentors who are trained and compensated by such program for the mentors’ work with new teachers; and
    • (D) a description of how faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable, including release time and receiving workload credit for such participation.
• (c) An eligible partnership that receives a grant under this section—
  • (1) shall use grant funds to carry out a program for the preparation of teachers under subsection (d), a teaching residency program under subsection (e), or a combination of such programs; and
  • (2) may use grant funds to carry out a leadership development program under subsection (f).
• (d) An eligible partnership that receives a grant to carry out a program for the preparation of teachers shall carry out an effective pre-baccalaureate teacher preparation program or a 5th year initial licensing program that includes all of the following:
  • (1)
    • (A) Implementing reforms, described in subparagraph (B), within each teacher preparation program and, as applicable, each preparation program for early childhood education programs, of the eligible partnership that is assisted under this section, to hold each program accountable for—
      • (i) preparing—
        • (I) new or prospective teachers to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [ 20 U.S.C. 1412(a)(14)(C) ] (including teachers in rural school districts, special educators, and teachers of students who are limited English proficient);
        • (II) such teachers and, as applicable, early childhood educators, to understand empirically-based practice and scientifically valid research related to teaching and learning and the applicability of such practice and research, including through the effective use of technology, instructional techniques, and strategies consistent with the principles of universal design for learning, and through positive behavioral interventions and support strategies to improve student achievement; and
        • (III) as applicable, early childhood educators to be highly competent; and
      • (ii) promoting strong teaching skills and, as applicable, techniques for early childhood educators to improve children’s cognitive, social, emotional, and physical development.
    • (B) The reforms described in subparagraph (A) shall include—
      • (i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills;
      • (ii) using empirically-based practice and scientifically valid research, where applicable, about teaching and learning so that all prospective teachers and, as applicable, early childhood educators—
        • (I) understand and can implement research-based teaching practices in classroom instruction;
        • (II) have knowledge of student learning methods;
        • (III) possess skills to analyze student academic achievement data and other measures of student learning, and use such data and measures to improve classroom instruction;
        • (IV) possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable general education and special education teachers and early childhood educators to—
        • (V) can effectively participate as a member of the individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act [ 20 U.S.C. 1414(d)(1)(B) ]; and
        • (VI) can successfully employ effective strategies for reading instruction using the essential components of reading instruction;
      • (iii) ensuring collaboration with departments, programs, or units of a partner institution outside of the teacher preparation program in all academic content areas to ensure that prospective teachers receive training in both teaching and relevant content areas in order to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [ 20 U.S.C. 1412(a)(14)(C) ], which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities;
      • (iv) developing and implementing an induction program;
      • (v) developing admissions goals and priorities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership; and
      • (vi) implementing program and curriculum changes, as applicable, to ensure that prospective teachers have the requisite content knowledge, preparation, and degree to teach Advanced Placement or International Baccalaureate courses successfully.
  • (2) Developing and improving a sustained and high-quality preservice clinical education program to further develop the teaching skills of all prospective teachers and, as applicable, early childhood educators, involved in the program. Such program shall do the following:
    • (A) Incorporate year-long opportunities for enrichment, including—
      • (i) clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership, and identified by the eligible partnership; and
      • (ii) closely supervised interaction between prospective teachers and faculty, experienced teachers, principals, other administrators, and school leaders at early childhood education programs (as applicable), elementary schools, or secondary schools, and providing support for such interaction.
    • (B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas.
    • (C) Provide high-quality teacher mentoring.
    • (D) Be offered over the course of a program of teacher preparation.
    • (E) Be tightly aligned with course work (and may be developed as a fifth year of a teacher preparation program).
    • (F) Where feasible, allow prospective teachers to learn to teach in the same local educational agency in which the teachers will work, learning the instructional initiatives and curriculum of that local educational agency.
    • (G) As applicable, provide training and experience to enhance the teaching skills of prospective teachers to better prepare such teachers to meet the unique needs of teaching in rural or urban communities.
    • (H) Provide support and training for individuals participating in an activity for prospective or new teachers described in this paragraph or paragraph (1) or (3), and for individuals who serve as mentors for such teachers, based on each individual’s experience. Such support may include—
      • (i) with respect to a prospective teacher or a mentor, release time for such individual’s participation;
      • (ii) with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership’s activities; and
      • (iii) with respect to a mentor, a stipend, which may include bonus, differential, incentive, or performance pay, based on the mentor’s extra skills and responsibilities.
  • (3) Creating an induction program for new teachers or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators.
  • (4) In the case of an eligible partnership focusing on early childhood educator preparation, implementing initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education.
  • (5) Developing and implementing effective mechanisms (which may include alternative routes to State certification of teachers) to ensure that the eligible partnership is able to recruit qualified individuals to become teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [ 20 U.S.C. 1412(a)(14)(C) ] through the activities of the eligible partnership, which may include an emphasis on recruiting into the teaching profession—
    • (A) individuals from under 1 1 So in original. Probably should be followed by a hyphen. represented populations;
    • (B) individuals to teach in rural communities and teacher shortage areas, including mathematics, science, special education, and the instruction of limited English proficient students; and
    • (C) mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction.
  • (6) Strengthening the literacy teaching skills of prospective and, as applicable, new elementary school and secondary school teachers—
    • (A) to implement literacy programs that incorporate the essential components of reading instruction;
    • (B) to use screening, diagnostic, formative, and summative assessments to determine students’ literacy levels, difficulties, and growth in order to improve classroom instruction and improve student reading and writing skills;
    • (C) to provide individualized, intensive, and targeted literacy instruction for students with deficiencies in literacy skills; and
    • (D) to integrate literacy skills in the classroom across subject areas.
• (e)
  • (1) An eligible partnership receiving a grant to carry out an effective teaching residency program shall carry out a program that includes all of the following activities:
    • (A) Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership.
    • (B) Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the teaching residency program and between such graduates and mentor teachers in the receiving school.
    • (C) Ensuring that teaching residents who participate in the teaching residency program receive—
      • (i) effective preservice preparation as described in paragraph (2);
      • (ii) teacher mentoring;
      • (iii) support required through the induction program as the teaching residents enter the classroom as new teachers; and
      • (iv) the preparation described in subparagraphs (A), (B), and (C) of subsection (d)(2).
  • (2)
    • (A) A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in the high-need schools in the eligible partnership, and shall be designed to include the following characteristics of successful programs:
      • (i) The integration of pedagogy, classroom practice, and teacher mentoring.
      • (ii) Engagement of teaching residents in rigorous graduate-level course work leading to a master’s degree while undertaking a guided teaching apprenticeship.
      • (iii) Experience and learning opportunities alongside a trained and experienced mentor teacher—
        • (I) whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework;
        • (II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and
        • (III) who may be relieved from teaching duties as a result of such additional responsibilities.
      • (iv) The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on, but not limited to, observations of the following:
        • (I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative and diagnostic assessments to improve student learning.
        • (II) Appropriate instruction that engages students with different learning styles.
        • (III) Collaboration with colleagues to improve instruction.
        • (IV) Analysis of gains in student learning, based on multiple measures that are valid and reliable and that, when feasible, may include valid, reliable, and objective measures of the influence of teachers on the rate of student academic progress.
        • (V) In the case of mentor candidates who will be mentoring new or prospective literacy and mathematics coaches or instructors, appropriate skills in the essential components of reading instruction, teacher training in literacy instructional strategies across core subject areas, and teacher training in mathematics instructional strategies, as appropriate.
      • (v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents.
      • (vi) The development of admissions goals and priorities—
        • (I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency, in exchange for a commitment by such agency to hire qualified graduates from the teaching residency program; and
        • (II) which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession.
      • (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 two years of teaching.
    • (B)
      • (i) In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall—
        • (I) be a recent graduate of a four-year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of professional accomplishment; and
        • (II) submit an application to the teaching residency program.
      • (ii) An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics:
        • (I) Strong content knowledge or record of accomplishment in the field or subject area to be taught.
        • (II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests.
        • (III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership.
    • (C)
      • (i) A teaching residency program under this subsection shall provide a one-year living stipend or salary to teaching residents during the teaching residency program.
      • (ii) Each teacher residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require.
      • (iii) Each application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will—
        • (I) serve as a full-time teacher for a total of not less than three academic years immediately after successfully completing the teaching residency program;
        • (II) fulfill the requirement under subclause (I) by teaching in a high-need school served by the high-need local educational agency in the eligible partnership and teach a subject or area that is designated as high need by the partnership;
        • (III) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required in subclauses (I) and (II) at the beginning of, and upon completion of, each year or partial year of service;
        • (IV) meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [ 20 U.S.C. 1412(a)(14)(C) ], when the applicant begins to fulfill the service obligation under this clause; and
        • (V) comply with the requirements set by the eligible partnership under clause (iv) if the applicant is unable or unwilling to complete the service obligation required by this clause.
      • (iv)
        • (I) A grantee carrying out a teaching residency program under this paragraph shall require a recipient of a stipend or salary under clause (i) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by clause (iii) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary.
        • (II) Any other terms and conditions specified by the eligible partnership may include reasonable provisions for pro-rata repayment of the stipend or salary described in clause (i) or for deferral of a teaching resident’s service obligation required by clause (iii), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances.
        • (III) An eligible partnership shall use any repayment received under this clause to carry out additional activities that are consistent with the purposes of this subsection.
• (f)
  • (1) An eligible partnership that receives a grant under this section may carry out an effective school leadership program, which may be carried out in partnership with a local educational agency located in a rural area and that shall include all of the following activities:
    • (A) Preparing individuals enrolled or preparing to enroll in school leadership programs for careers as superintendents, principals, early childhood education program directors, or other school leaders (including individuals preparing to work in local educational agencies located in rural areas who may perform multiple duties in addition to the role of a school leader).
    • (B) Promoting strong leadership skills and, as applicable, techniques for school leaders to effectively—
      • (i) create and maintain a data-driven, professional learning community within the leader’s school;
      • (ii) provide a climate conducive to the professional development of teachers, with a focus on improving student academic achievement and the development of effective instructional leadership skills;
      • (iii) understand the teaching and assessment skills needed to support successful classroom instruction and to use data to evaluate teacher instruction and drive teacher and student learning;
      • (iv) manage resources and school time to improve student academic achievement and ensure the school environment is safe;
      • (v) engage and involve parents, community members, the local educational agency, businesses, and other community leaders, to leverage additional resources to improve student academic achievement; and
      • (vi) understand how students learn and develop in order to increase academic achievement for all students.
    • (C) Ensuring that individuals who participate in the school leadership program receive—
      • (i) effective preservice preparation as described in subparagraph (D);
      • (ii) mentoring; and
      • (iii) if applicable, full State certification or licensure to become a school leader.
    • (D) Developing and improving a sustained and high-quality preservice clinical education program to further develop the leadership skills of all prospective school leaders involved in the program. Such clinical education program shall do the following:
      • (i) Incorporate year-long opportunities for enrichment, including—
        • (I) clinical learning in high-need schools served by the high-need local educational agency or a local educational agency located in a rural area in the eligible partnership and identified by the eligible partnership; and
        • (II) closely supervised interaction between prospective school leaders and faculty, new and experienced teachers, and new and experienced school leaders, in such high-need schools.
      • (ii) Integrate pedagogy and practice and promote effective leadership skills, meeting the unique needs of urban, rural, or geographically isolated communities, as applicable.
      • (iii) Provide for mentoring of new school leaders.
    • (E) Creating an induction program for new school leaders.
    • (F) Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals to become school leaders through the activities of the eligible partnership, which may include an emphasis on recruiting into school leadership professions—
      • (i) individuals from underrepresented populations;
      • (ii) individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and school leader shortage areas; and
      • (iii) mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction.
  • (2) In order to be eligible for the school leadership program under this subsection, an individual shall be enrolled in or preparing to enroll in an institution of higher education, and shall—
    • (A) be a—
      • (i) recent graduate of an institution of higher education;
      • (ii) mid-career professional from outside the field of education with strong content knowledge or a record of professional accomplishment;
      • (iii) current teacher who is interested in becoming a school leader; or
      • (iv) school leader who is interested in becoming a superintendent; and
    • (B) submit an application to the leadership program.
• (g) An eligible partnership that receives a grant under this section may use grant funds provided to carry out the activities described in subsection (d) or (e), or both, to partner with a television public broadcast station, as defined in section 397(6) of title 47 , or another entity that develops digital educational content, for the purpose of improving the quality of pre-baccalaureate teacher preparation programs or to enhance the quality of preservice training for prospective teachers.
• (h) The Secretary shall—
  • (1) evaluate the programs assisted under this section; and
  • (2) make publicly available a report detailing the Secretary’s evaluation of each such program.
• (i)
  • (1) 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 carried out under this section.
  • (2) To ensure timely and meaningful consultation as described in paragraph (1), regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section.
  • (3) The Secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the Secretary a written consent to such changes signed by all members of the eligible partnership.
• (j) 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.
• (k) 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.

§ 1022b. Administrative provisions

• (a)
  • (1) A grant awarded under this part shall be awarded for a period of five years.
  • (2) An eligible partnership may not receive more than one grant during a five-year period. Nothing in this subchapter shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this subchapter from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the five-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired.
• (b)
  • (1) The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval.
  • (2) The Secretary, in funding applications under this part, shall give priority—
    • (A) to eligible partnerships that include an institution of higher education whose teacher preparation program has a rigorous selection process to ensure the highest quality of students entering such program; and
    • (B)
      • (i) to applications from broad-based eligible partnerships that involve businesses and community organizations; or
      • (ii) to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas.
  • (3) The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership.
• (c)
  • (1) Each eligible partnership receiving a grant under this part shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant.
  • (2) The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part.
• (d) An eligible partnership that receives a grant under this part may use not more than two percent of the funds provided to administer the grant.

§ 1022c. Accountability and evaluation

• (a) 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 and measurable performance objectives. The plan shall include objectives and measures for increasing—
  • (1) achievement for all prospective and new teachers, as measured by the eligible partnership;
  • (2) teacher retention in the first three years of a teacher’s career;
  • (3) improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; and
  • (4)
    • (A) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title , hired by the high-need local educational agency participating in the eligible partnership;
    • (B) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title , hired by the high-need local educational agency who are members of underrepresented groups;
    • (C) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title , hired by the high-need local educational agency who teach high-need academic subject areas (such as reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages);
    • (D) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title , hired by the high-need local educational agency who teach in high-need areas (including special education, language instruction educational programs for limited English proficient students, and early childhood education);
    • (E) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title , hired by the high-need local educational agency who teach in high-need schools, disaggregated by the elementary school and secondary school levels;
    • (F) as applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent; and
    • (G) as applicable, the percentage of teachers trained—
      • (i) to integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning; and
      • (ii) to use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student academic achievement.
• (b) An eligible partnership receiving a grant under this part shall ensure that teachers, principals, school superintendents, faculty, and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information, including through electronic means, about the activities carried out with funds under this part.
• (c) 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 of the grant, as appropriate, by the end of the third year of a grant under this part, then the Secretary—
  • (1) shall cancel the grant; and
  • (2) may use any funds returned or available because of such cancellation under paragraph (1) to—
    • (A) increase other grant awards under this part; or
    • (B) award new grants to other eligible partnerships under this part.
• (d) The Secretary shall evaluate the activities funded under this part and report the findings regarding the evaluation of such activities to the authorizing committees. The Secretary shall broadly disseminate—
  • (1) successful practices developed by eligible partnerships under this part; and
  • (2) information regarding such practices that were found to be ineffective.

§ 1022d. Accountability for programs that prepare teachers

• (a)
  • (1) 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 chapter 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, the following:
    • (A)
      • (i) For the most recent year for which the information is available for the institution—
        • (I) whether the goals set under section 1022e of this title have been met; and
        • (II) a description of the activities the institution implemented to achieve such goals.
      • (ii) A description of the steps the institution is taking to improve its performance in meeting the annual goals set under section 1022e of this title .
      • (iii) A description of the activities the institution has implemented to meet the assurances provided under section 1022e of this title .
    • (B) For the most recent year for which the information is available for those students who took the assessments used for teacher certification or licensure by the State in which the program is located and are enrolled in the traditional teacher preparation program or alternative routes to State certification or licensure program, and for those who have taken such assessments and have completed the traditional teacher preparation program or alternative routes to State certification or licensure program during the two-year period preceding such year, for each of such assessments—
      • (i) the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;
      • (ii) the percentage of all students who passed such assessment;
      • (iii) the percentage of students who have taken such assessment who enrolled in and completed the traditional teacher preparation program or alternative routes to State certification or licensure program, as applicable;
      • (iv) the average scaled score for all students who took such assessment;
      • (v) a comparison of the program’s pass rates with the average pass rates for programs in the State; and
      • (vi) a comparison of the program’s average scaled scores with the average scaled scores for programs in the State.
    • (C) A description of—
      • (i) the criteria for admission into the program;
      • (ii) the number of students in the program (disaggregated by race, ethnicity, and gender);
      • (iii) the average number of hours of supervised clinical experience required for those in the program;
      • (iv) the number of full-time equivalent faculty and students in the supervised clinical experience; and
      • (v) the total number of students who have been certified or licensed as teachers, disaggregated by subject and area of certification or licensure.
    • (D) 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.
    • (E) Whether the program has been designated as low-performing by the State under section 1022f(a) of this title .
    • (F) A description of the activities, including activities consistent with the principles of universal design for learning, that prepare teachers to integrate technology effectively into curricula and instruction, and to use technology effectively to collect, manage, and analyze data in order to improve teaching and learning for the purpose of increasing student academic achievement.
    • (G) A description of the activities that prepare general education and special education teachers to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 1414(d)(1)(B) of this title , and to effectively teach students who are limited English proficient.
  • (2) Each eligible partnership receiving a grant under section 1022a of this title 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 1022c(a) of this title .
  • (3) The Secretary may impose a fine not to exceed $27,500 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.
  • (4) 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)(B), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a three-year period.
• (b)
  • (1) Each State that receives funds under this chapter shall provide to the Secretary, and make widely available to the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the quality of teacher preparation in the State, both for traditional teacher preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following:
    • (A) A description of the reliability and validity of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.
    • (B) The standards and criteria that prospective teachers must meet to attain initial teacher certification or licensure and to be certified or licensed to teach particular academic subjects, areas, or grades within the State.
    • (C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the challenging State academic standards required under section 6311(b)(1) of this title and, as applicable, State early learning standards for early childhood education programs.
    • (D) For each of the assessments used by the State for teacher certification or licensure—
      • (i) for each institution of higher education located in the State and each entity located in the State, including those that offer an alternative route for teacher certification or licensure, the percentage of students at such institution or entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;
      • (ii) the percentage of all such students at all such institutions and entities who have taken the assessment who pass such assessment;
      • (iii) the percentage of students who have taken the assessment who enrolled in and completed a teacher preparation program; and
      • (iv) the average scaled score of individuals participating in such a program, or who have completed such a program during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment.
    • (E) A description of alternative routes to teacher certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure—
      • (i) the percentage of individuals participating in such routes, or who have completed such routes during the two-year period preceding the date for which the determination is made, who passed each such assessment; and
      • (ii) the average scaled score of individuals participating in such routes, or who have completed such routes during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment.
    • (F) A description of the State’s criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs.
    • (G) For each teacher preparation program in the State—
      • (i) the criteria for admission into the program;
      • (ii) the number of students in the program, disaggregated by race, ethnicity, and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student);
      • (iii) the average number of hours of supervised clinical experience required for those in the program; and
      • (iv) the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience.
    • (H) For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by—
      • (i) area of certification or licensure;
      • (ii) academic major; and
      • (iii) subject area for which the teacher has been prepared to teach.
    • (I) A description of the extent to which teacher preparation programs are addressing shortages of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title , by area of certification or licensure, subject, and specialty, in the State’s public schools.
    • (J) The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 1414(d)(1)(B) of this title .
    • (K) A description of the activities that prepare teachers to—
      • (i) integrate technology effectively into curricula and instruction, including activities consistent with the principles of universal design for learning; and
      • (ii) use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of increasing student academic achievement.
    • (L) The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to effectively teach students who are limited English proficient.
  • (2) The Secretary shall not create a national list or ranking of States, institutions, or schools using the scaled scores provided under this subsection.
• (c) The Secretary shall prescribe regulations to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section.
• (d)
  • (1) The Secretary shall annually provide to the authorizing committees, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (L) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part.
  • (2) The Secretary shall prepare and submit a report to the authorizing committees that contains the following:
    • (A) A comparison of States’ efforts to improve the quality of the current and future teaching force.
    • (B) A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching force.
    • (C) The national mean and median scaled scores and pass rate on any standardized test that is used in more than one State for teacher certification or licensure.
  • (3) In the case of a teacher preparation program with fewer than ten scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish, and make publicly available, information with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a three-year period.
• (e) 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.

§ 1022e. Teacher development

• (a) Each institution of higher education that conducts a traditional teacher preparation program (including programs that offer any ongoing professional development programs) or alternative routes to State certification or licensure program, and that enrolls students receiving Federal assistance under this chapter, shall set annual quantifiable goals for increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary or by the State educational agency, including mathematics, science, special education, and instruction of limited English proficient students.
• (b) Each institution described in subsection (a) shall provide assurances to the Secretary that—
  • (1) training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution’s graduates are likely to teach, based on past hiring and recruitment trends;
  • (2) training provided to prospective teachers is closely linked with the needs of schools and the instructional decisions new teachers face in the classroom;
  • (3) prospective special education teachers receive course work in core academic subjects and receive training in providing instruction in core academic subjects;
  • (4) general education teachers receive training in providing instruction to diverse populations, including children with disabilities, limited English proficient students, and children from low-income families; and
  • (5) prospective teachers receive training on how to effectively teach in urban and rural schools, as applicable.
• (c) Nothing in this section shall be construed to require an institution to create a new teacher preparation area of concentration or degree program or adopt a specific curriculum in complying with this section.

§ 1022f. State functions

• (a) In order to receive funds under this chapter, a State shall conduct an assessment to identify low-performing teacher preparation programs in the State and to assist such programs through the provision of technical assistance. Each such State shall provide the Secretary with an annual list of low-performing teacher preparation programs and an identification of those programs at risk of being placed on such list, as applicable. Such assessment shall be described in the report under section 1022d(b) of this title . Levels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this part, including progress in meeting the goals of—
  • (1) increasing the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title , in the State, including increasing professional development opportunities;
  • (2) improving student academic achievement for elementary and secondary students; and
  • (3) raising the standards for entry into the teaching profession.
• (b) Any teacher preparation program from which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in subsection (a)—
  • (1) shall be ineligible for any funding for professional development activities awarded by the Department;
  • (2) may not be permitted to accept or enroll any student who receives aid under subchapter IV in the institution’s teacher preparation program;
  • (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; and
  • (4) shall be reinstated upon demonstration of improved performance, as determined by the State.
• (c) If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations.
• (d) The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs.

§ 1022g. General provisions

• (a) In complying with sections 1022d and 1022e of this title, 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 reveal personally identifiable information.
• (b) 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 meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, in accordance with the State plan submitted or revised under section 6311 of this title , and that each person employed as a special education teacher in the State who teaches elementary school or secondary school meets the qualifications described in section 1412(a)(14)(C) of this title , the Secretary shall—
  • (1) to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and
  • (2) notwithstanding any other provision of this part, use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores.
• (c)
  • (1) For the purpose of improving teacher preparation programs, a State that receives funds under this chapter, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to a teacher preparation program, upon the request of the teacher preparation program, any and all pertinent education-related information that—
    • (A) may enable the teacher preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and
    • (B) is possessed, controlled, or accessible by the State.
  • (2) The information described in paragraph (1)—
    • (A) shall include an identification of specific individuals who graduated from the teacher preparation program to enable the teacher preparation program to evaluate the information provided to the program from the State with the program’s own data about the specific courses taken by, and field experiences of, the individual graduates; and
    • (B) may include—
      • (i) kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the teacher preparation program; and
      • (ii) teacher effectiveness evaluations for teachers who graduated from the teacher preparation program.

§ 1022h. Authorization of appropriations

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

§ 1031. Authorization of appropriations

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

§ 1032. Program authorized

• (a) The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible consortia to pay the Federal share of the costs of projects to—
  • (1) assist in the graduation of teacher candidates who are prepared to use modern information, communication, and learning tools to—
    • (A) improve student learning, assessment, and learning management; and
    • (B) help students develop learning skills to succeed in higher education and to enter the workforce;
  • (2) strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education and ensure technology-rich teaching and learning environments throughout a teacher candidate’s preservice education, including clinical experiences; and
  • (3) assess the effectiveness of departments, schools, and colleges of education at institutions of higher education in preparing teacher candidates for successful implementation of technology-rich teaching and learning environments, including environments consistent with the principles of universal design for learning, that enable kindergarten through grade 12 students to develop learning skills to succeed in higher education and to enter the workforce.
• (b) A grant, contract, or cooperative agreement under this subpart—
  • (1) shall be for not more than $2,000,000;
  • (2) shall be for a three-year period; and
  • (3) may be renewed for one additional year.
• (c) The Federal share of the cost of any project funded under this subpart shall not exceed 75 percent. The non-Federal share of the cost of such project may be provided in cash or in kind, fairly evaluated, including services.
• (d) In this subpart, the term “eligible consortium” means a consortium of members that includes the following:
  • (1) Not less than one institution of higher education that awards baccalaureate or masters degrees and prepares teachers for initial entry into teaching.
  • (2) Not less than one State educational agency or local educational agency.
  • (3) A department, school, or college of education at an institution of higher education.
  • (4) A department, school, or college of arts and sciences at an institution of higher education.
  • (5) Not less than one entity with the capacity to contribute to the technology-related reform of teacher preparation programs, which may be a professional association, foundation, museum, library, for-profit business, public or private nonprofit organization, community-based organization, or other entity.

§ 1032a. Uses of funds

• (a) An eligible consortium that receives a grant or enters into a contract or cooperative agreement under this subpart shall use funds made available under this subpart to carry out a project that—
  • (1) develops long-term partnerships among members of the consortium that are focused on effective teaching with modern digital tools and content that substantially connect preservice preparation of teacher candidates with high-need schools; or
  • (2) transforms the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates.
• (b) In carrying out a project under subsection (a)(1), an eligible consortium shall—
  • (1) provide teacher candidates, early in their preparation, with field experiences with technology in educational settings;
  • (2) build the skills of teacher candidates to support technology-rich instruction, assessment and learning management in content areas, technology literacy, an understanding of the principles of universal design, and the development of other skills for entering the workforce;
  • (3) provide professional development in the use of technology for teachers, administrators, and content specialists who participate in field placement;
  • (4) provide professional development of technology pedagogical skills for faculty of departments, schools, and colleges of education and arts and sciences;
  • (5) implement strategies for the mentoring of teacher candidates by members of the consortium with respect to technology implementation;
  • (6) evaluate teacher candidates during the first years of teaching to fully assess outcomes of the project;
  • (7) build collaborative learning communities for technology integration within the consortium to sustain meaningful applications of technology in the classroom during teacher preparation and early career practice; and
  • (8) evaluate the effectiveness of the project.
• (c) In carrying out a project under subsection (a)(2), an eligible consortium shall—
  • (1) redesign curriculum to require collaboration between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach content or methods courses for training teacher candidates;
  • (2) collaborate between the department, school, or college of education faculty and the department, school, or college of arts and science faculty and academic content specialists at the local educational agency to educate preservice teachers who can integrate technology and pedagogical skills in content areas;
  • (3) collaborate between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach courses to preservice teachers to—
    • (A) develop and implement a plan for preservice teachers and continuing educators that demonstrates effective instructional strategies and application of such strategies in the use of digital tools to transform the teaching and learning process; and
    • (B) better reach underrepresented preservice teacher populations with programs that connect such preservice teacher populations with applications of technology;
  • (4) collaborate among faculty and students to create and disseminate case studies of technology applications in classroom settings with a goal of improving student academic achievement in high-need schools;
  • (5) provide additional technology resources for preservice teachers to plan and implement technology applications in classroom settings that provide evidence of student learning; and
  • (6) bring together expertise from departments, schools, or colleges of education, arts and science faculty, and academic content specialists at the local educational agency to share and disseminate technology applications in the classroom through teacher preparation and into early career practice.

§ 1032b. Application requirements

To be eligible to receive a grant or enter into a contract or cooperative agreement under this subpart, an eligible consortium shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include the following:

• (1) A description of the project to be carried out with the grant, including how the project will—
  • (A) develop a long-term partnership focused on effective teaching with modern digital tools and content that substantially connects preservice preparation of teacher candidates with high-need schools; or
  • (B) transform the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates.
• (2) A demonstration of—
  • (A) the commitment, including the financial commitment, of each of the members of the consortium for the proposed project; and
  • (B) the support of the leadership of each organization that is a member of the consortium for the proposed project.
• (3) A description of how each member of the consortium will participate in the project.
• (4) A description of how the State educational agency or local educational agency will incorporate the project into the agency’s technology plan, if such a plan already exists.
• (5) A description of how the project will be continued after Federal funds are no longer available under this subpart for the project.
• (6) A description of how the project will incorporate—
  • (A) State teacher technology standards; and
  • (B) State student technology standards.
• (7) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives.

§ 1032c. Evaluation

Not less than ten percent of the funds awarded to an eligible consortium to carry out a project under this subpart shall be used to evaluate the effectiveness of such project.

§ 1033. Definitions

In this subpart:

• (1) The term “eligible institution” means—
  • (A) an institution of higher education that has a teacher preparation program that is a qualified teacher preparation program and that is—
    • (i) a part B institution (as defined in section 1061 of this title );
    • (ii) a Hispanic-serving institution (as defined in section 1101a of this title );
    • (iii) a Tribal College or University (as defined in section 1059c of this title );
    • (iv) an Alaska Native-serving institution (as defined in section 1059d(b) of this title );
    • (v) a Native Hawaiian-serving institution (as defined in section 1059d(b) of this title );
    • (vi) a Predominantly Black Institution (as defined in section 1059e of this title );
    • (vii) an Asian American and Native American Pacific Islander-serving institution (as defined in section 1059g(b) of this title ); or
    • (viii) a Native American-serving, nontribal institution (as defined in section 1059f of this title );
  • (B) a consortium of institutions described in subparagraph (A); or
  • (C) an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 1033a of this title is located at an institution described in subparagraph (A).
• (2) The term “scientifically based reading research”—
  • (A) means research that applies rigorous, systemic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and
  • (B) includes research that—
    • (i) employs systemic, empirical methods that draw on observation or experiment;
    • (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
    • (iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and
    • (iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.