College Opportunity and Affordability Act of 2007
To amend and extend the Higher Education Act of 1965, and for other purposes.
This gigantic, 800-page bill is aimed at lowering tuition costs and streamlining the financial aid process. Among its many provision are new penalties for states that cut their contributions to higher education, protections for prospective student loan borrowers, proposals to make text books more affordable and expanded funding options for low-income and non-traditional students. Notably, it also contains a controversial provision requiring colleges to develop a plan to block peer-to-peer filesharing and illegal downloading, and offer students a legal alternative.
- Official: To amend and extend the Higher Education Act of 1965, and for other purposes. as introduced.
- Short: Private Student Loan Transparency and Improvement Act of 2008 as passed house.
- Short: College Opportunity and Affordability Act of 2008 as passed house.
- Short: Private Student Loan Transparency and Improvement Act of 2007 as reported to house.
- Short: College Opportunity and Affordability Act of 2007 as reported to house.
- Short: College Opportunity and Affordability Act of 2007 as introduced.
2/7/2008--Passed House amended. College Opportunity and Affordability Act of 2008 - Amends the Higher Education Act of 1965 (HEA) to revise and reauthorize HEA programs. Title I: Title I Amendments -
(Sec. 101) Revises the general definition of an institution of higher education (IHE) to include schools that:
(1) admit students whose secondary education was conducted in a home school setting;
(2) award degrees (not necessarily bachelor's degrees) that are acceptable for admission to a graduate or professional degree program; and
(3) enroll students who will be dually or concurrently enrolled in a secondary school. Revises the definition of an IHE for purposes of title IV student assistance programs. Requires graduate medical schools located outside the country, that qualified as IHEs owing to their having a state-approved clinical training program as of January 1, 1992, to have continuously operated a clinical training program in at least one state that is approved by such state. Allows foreign graduate medical schools that have a state-approved clinical training program as of January 1, 2008, to qualify as IHEs under title IV if they certify only unsubsidized loans under the Federal Family Education Loan (FFEL) program and agree to reimburse the Secretary of Education (Secretary) for the cost of any defaulted loan in their cohort default rate during the previous fiscal year. Allows foreign nursing schools to be eligible for title IV aid if they:
(1) have agreements with hospitals or nursing programs located in this country at which students are to complete their training;
(2) certify only unsubsidized FFEL loans; and
(3) agree to reimburse the Secretary for the cost of any student loan defaults if their cohort default rate exceeds 5%. Includes as proprietary IHEs and as postsecondary vocational institutions any schools that enroll students who will be dually or concurrently enrolled in a secondary school.
(Sec. 102) Adds definitions of critical foreign language, disconnected students, distance education, high-need school, limited English proficient (LEP), universal design, and universal design for learning.
(Sec. 104) Reconstitutes the National Advisory Committee on Institutional Quality and Integrity in the Department of Education (Department) to advise the Secretary on accreditation matters until November 2012.
(Sec. 105) Requires IHEs' biennial reviews of their alcohol and drug abuse prevention programs to include a determination as to:
(1) the number of drug- and alcohol-related incidents and fatalities occurring on their property or as part of their activities that are reported to them; and
(2) the number and type of sanctions the IHEs impose on students or employees as a result of such incidents or fatalities. Repeals the National Recognition Awards for outstanding IHE alcohol and drug abuse prevention programs. Reauthorizes appropriations for alcohol and drug abuse prevention grants for FY2009-FY2013.
(Sec. 106) Extends an authorization of appropriations to continue coverage of prior rights and obligations for servicing outstanding bonds from certain earlier programs under title VII of the HEA before it was amended by the Higher Education Amendments of 1992 and the Higher Education Amendments of 1998.
(Sec. 107) Directs the Secretary to display a link to the Department's student financial aid website in a prominent place on the homepage of the Department's website. Allows the Secretary to use administrative funds available for the Department's operations and expenses to promote the availability of the financial aid website. Requires the Secretary to provide parents and students with easy access via the federal student financial aid website to detailed information concerning student financial aid options provided by other federal departments and agencies.
(Sec. 108) Requires states to maintain or increase their funding of non-capital and indirect research and development costs at public IHEs and their funding of financial aid at private IHEs or become ineligible for this Act's new grants to expand college access and increase college persistence under the Leveraging Educational Assistance Partnership program. Allows the Secretary to waive such requirement for states facing exceptional circumstances. Authorizes the Secretary to identify and disseminate IHE cost containment strategies, recognize IHEs that are containing costs effectively, and work with other IHEs to implement such strategies.
(Sec. 109) Directs the Secretary to place lists on the College Navigator website each year, by specified categories of IHEs, of the top 5% of IHEs with the highest tuition and fees, the lowest tuition and fees, and the largest percentage increase in tuition and fees over the most recent three-year period. Requires each IHE on the latter list to:
(1) issue a report to the Secretary explaining such increase; and
(2) establish a quality-efficiency task force to review school operations, set annual cost reduction benchmarks, and report to the IHE and the Secretary on its findings. Requires schools that fail to meet such benchmarks to give the Secretary a detailed explanation for such failure which, together with the earlier explanation and the task force report, shall be summarized in a report provided to Congress and on the College Navigator website. Requires the Secretary to annually report on the College Navigator website:
(1) comparisons of changes in each state's appropriations per full-time equivalent student in public IHEs with changes in the tuition and fees such IHEs have charged over the past five years; and
(2) the total amount of need- and merit-based aid provided by the state to full-time equivalent students enrolled in such schools. Requires the Secretary to develop a net price calculator and, within three years of this Act's enactment, HEA-funded IHEs to adopt and make available for use on their websites such net price calculator to help students, families, and consumers determine the net price (tuition minus grants and discounts) of IHEs. Requires the Commission of the Bureau of Labor Statistics to develop postsecondary education price indices that:
(1) accurately reflect the annual change in tuition and fees for undergraduate students in specified categories of IHEs; and
(2) are to be made available on the College Navigator website. Requires the Secretary to post on the College Navigator website additional basic information about each IHE's students, teachers, assistance, costs, and safety and make such information available to IHEs, students, families, and other consumers. Directs the Commissioner of Education Statistics to continue redesigning the Integrated Postsecondary Education Data System to include such additional data and improve the usefulness and timeliness of data collected by such System. Directs the Secretary to conduct a survey of title IV student aid recipients on a state-by-state basis at least once every four years. Expresses the sense of Congress that IHEs should participate in efforts to provide concise, easily accessible, on-line consumer information to prospective students and their families that is consistent across IHEs while permitting opportunities for more in-depth exploration of specific IHEs.
(Sec. 110) Requires publishers informing teachers or those selecting course materials at IHEs about available textbooks or supplements to include written information concerning:
(1) the price the publisher would charge the bookstore associated with such institution for such items;
(2) the copyright dates of all previous editions of such textbooks in the preceding 10 years;
(3) substantial revisions to such items; and
(4) whether such items are available in other formats, including paperback and unbound, and the price the publisher would charge the bookstore for items in those formats. Requires a publisher that sells a textbook and any accompanying supplement as a single bundled item also to sell them as separately priced and unbundled items. Directs IHEs to include on printed or internet course schedules the International Standard Book Number (ISBN) and retail price for each required or recommended textbook or supplement for listed courses. Requires an institution to:
(1) use the author, title, publisher, and copyright date if the ISBN is unavailable; and
(2) indicate that the required information has yet to be determined if its disclosure for a course is impractical. Requires IHEs to provide college bookstores, upon their request, with:
(1) their course schedules for the subsequent academic period;
(2) the information this Act requires to be placed on each course schedule regarding each textbook or supplement required or recommended for each course; and
(3) the number of students enrolled, and the maximum enrollment, in each course.
(Sec. 111) Prohibits the creation or maintenance of a federal database of personally identifiable student information. States that such prohibition does not apply to certain data systems in use prior to this Act's enactment, or state databases that track individuals over time.
(Sec. 112) Prohibits a state from charging more than the instate tuition for attending a public IHE in that state to:
(1) members of the armed forces who are on active duty for more than 30 days and whose domicile or permanent duty station is in such state; or
(2) such members' dependents. Provides that, even if such members' permanent duty station is subsequently changed to a location outside the state, they or their dependents must continue to be charged no more than the instate tuition if they remain continuously enrolled at such IHE in the state.
(Sec. 113) Requires IHEs to report annually to the Secretary on their use of endowment funds to reduce the costs of their programs.
(Sec. 114) Establishes a State Higher Education Information System Pilot program under which the Secretary shall award competitive grants to up to five states, consortia of states, or consortia of IHEs to:
(1) design, test, and implement state-level postsecondary student data systems that provide the maximum benefits to states, IHEs, and state policymakers; and
(2) examine the costs and burdens involved in implementing such systems.
(Sec. 115) Creates a new part E (Lender and Institution Requirements Related to Educational Loans) under title I of the HEA. Requires lenders of FFELs entering into preferred lender arrangements with IHEs to certify annually their compliance with the this Act's requirements. Prohibits IHEs from allowing lenders to market private educational loans in a manner that implies their endorsement of such loans. Directs the Secretary to report to Congress on the adequacy of educational loan information provided to borrowers and include a model disclosure form for lenders that have preferred lender arrangements with IHEs to use in providing annual loan information to the Secretary and such IHEs. Requires such lenders to disclose loan terms and any philanthropic contributions made to such IHEs. Requires IHEs to provide the Secretary, prospective borrowers, and the public with the disclosure form information on preferred lenders and a detailed explanation as to why their loans are beneficial to borrowers in time for borrowers to take such information into account before applying for a loan. Requires IHEs to disclose on their websites and in their informational materials:
(1) that they cannot limit students to recommended lenders and must process loan documents from any eligible lender;
(2) the model disclosure form information regarding preferred lenders;
(3) the maximum federal student aid available; and
(4) their cost of attendance. Requires IHEs that provide prospective borrowers with private educational loan information to inform students and parents of:
(1) their eligibility for title IV assistance; and
(2) compare and distinguish private loans from title IV loans. Requires IHEs to develop, publicize, and enforce codes of conduct for their officers, employees, and agents that prohibit conflicts of interest with respect to educational loans. Prohibits IHE financial aid personnel from:
(1) accepting gifts from lenders, guarantors, or servicers of educational loans;
(2) accepting any compensation for providing services to or for lenders; and
(3) participating on any lender or lender affiliate advisory councils. Requires the Department's Inspector General to investigate any reported gift ban violation. Bars IHEs from:
(1) entering into revenue sharing agreements with lenders;
(2) requesting or accepting lender assistance with call center or financial aid office staffing, except in certain emergencies;
(3) requesting or accepting lenders offers of funds for private student loans in exchange for business concessions or status as preferred lenders of title IV loans. Prohibits lenders from making such offers. Conditions the receipt of federal funds and assistance by schools and lenders on their compliance with part E. Establishes penalties for noncompliance that include:
(1) banning lenders from participating in title IV programs; and
(2) a $27,500 civil penalty for schools and lenders that participate and for those that do not participate in title IV programs. Requires FFEL lenders and the Secretary, for loans under title IV's Direct Loan (DL) or Perkins Loan (PL) programs, to:
(1) provide borrowers with information regarding loan terms, status, and repayment options before and during loan repayment; and
(2) contact borrowers who have nonstandard repayment plans, every year after five years have passed since their selection of such plan, to ascertain if they are able to select shorter repayment plans that would reduce the total interest they pay. Requires IHEs to provide counseling to FFEL, DL, and PL borrowers before they sign their first promissory note regarding the average indebtedness of borrowers at the school, sample monthly repayment amounts based on a range of student indebtedness levels, starting salaries for their graduates in different fields of study, repayment options, and the likely consequences of default. Requires the Secretary to provide information to IHEs to enable them to provide borrowers with such counseling and include such information on the Department's website.
(Sec. 116) Directs the Secretary to study the feasibility of developing a National Electronic Student Loan Marketplace that would provide for a registry of realtime information on federal and private student loans. Title II: Title II Revision -
(Sec. 201) Revises and reauthorizes part A (Teacher Quality Enhancement Grants for States and Partnerships) of the HEA. Eliminates the State grant and Teacher Recruitment grant programs. Turns the Partnership grant program into the revised Teacher Quality Partnership grant program. Authorizes the Secretary to award competitive five-year grants to partnerships of high-need local educational agencies (LEAs), high-need schools, and IHEs for use in carrying out a pre-baccalaureate teacher preparation program, a teaching residency program, a leadership development program, or a combination of two or more such programs. Requires the pre-baccalaureate teacher preparation program to include:
(1) educational reforms;
(2) clinical experience and interaction;
(3) induction programs for new teachers that provide them with mentoring and support for at least their first two years of teaching;
(4) literacy training; and
(5) teacher recruitment mechanisms. Requires the teaching residency program to prepare teachers for success in the high-need schools in the partnership by engaging residents in rigorous graduate-level coursework to earn a master's degree while they undertake a guided teaching apprenticeship alongside a trained and experienced mentor teacher who may be relieved of teaching duties. Requires teacher residents to be:
(1) recent graduates of a four-year IHE; or
(2) mid-career professionals from outside the field of education who possess strong content knowledge or a record of professional accomplishment. Provides residents with a living stipend or salary during the one-year residency program in exchange for at least three years of service in a high-need field in a high-need school served by the high-need LEA. Requires the leadership development program to include:
(1) preparing students for careers as school administrators;
(2) a pre-service clinical education program;
(3) an induction program for new administrators; and
(4) administrator recruitment mechanisms. Includes in such program, in addition to students, mid-career professionals from outside the field of education who possess strong content knowledge or a record of professional accomplishment, and current teachers who aspire to be principals or principals who aspire to be superintendents. Requires partnership grantees to provide an amount equal to the amount of the grant from nonfederal sources for program activities, unless the Secretary grants them a hardship waiver. Adds programs that offer alternative routes to state certification and licensure to the teacher preparation programs that must provide annual reports to the Secretary concerning certain measures of program effectiveness, such as student success on certification or licensure assessments. Prohibits the Secretary from using such information to create a national list or ranking of states, institutions, or schools. Requires IHEs that provide teacher training and enroll students who receive HEA assistance to set annual quantifiable goals for:
(1) increasing the number of prospective teachers trained in teacher shortage areas; and
(2) linking the training they provide more closely with the needs of schools and the instructional decisions new teachers face in the classroom. Directs such IHEs to report publicly on their performance toward such goals. Reauthorizes appropriations for the Teacher Quality Partnership grant program for FY2009-FY2011. Replaces the Preparing Tomorrow's Teachers to Use Technology program of part B of title II with the Preparing Teachers for Digital Age Learners program. Authorizes the Secretary to award to consortia of IHEs, states or LEAs, and entities able to assist in the technology-related reform of teacher preparation programs:
(1) partnership grants for developing long-term partnerships among consortium members that are focused on effective teaching with modern digital tools and content that connect pre-service teacher preparation with high-need schools; or
(2) transformative grants for transforming the way departments, schools, and colleges of education teach classroom technology integration to teacher candidates. Limits the federal share of any project's cost to 75%. Authorizes appropriations for the Preparing Teachers for Digital Age Learners program for FY2009-FY2011. Creates a new Part C (Enhancing Teacher Education) to title II of the HEA. Establishes a new Recruiting Teachers With Math, Science, or Language Majors program requiring the Secretary to award competitive grants to IHEs to improve the availability, recruitment, and retention of teachers from among students majoring in such subjects, special education, or those teaching English to LEP students. Gives grant priority to schools that focus on preparing and retaining teachers in subjects in which there is a shortage of highly qualified teachers, prepare students to teach in high-need schools, and plan to seek matching funds from other governmental and non-governmental sources. Establishes a new Community Colleges as Partners in Teacher Education Grants program authorizing the Secretary to award competitive grants to partnerships among community colleges, four-year IHEs, and a state, LEA, or professional teacher organization for use in:
(1) establishing or enhancing teacher education or postbaccalaureate certification programs at community colleges; and
(2) developing and delivering professional development for teachers. Gives grant priority to partnerships that aim to increase the diversification of the teacher workforce or prepare teachers to teach high-demand subjects or in high-need schools. Establishes a new Honorable Augustus F. Hawkins Centers of Excellence program authorizing the Secretary to award grants to certain minority-serving IHEs, or partnerships between such IHEs and other IHEs, to establish centers of excellence for teacher education. Requires the use of such grants to ensure that current and future teachers are highly qualified by:
(1) reforming teacher preparation programs so that teachers are able to understand scientifically-based research and use advanced technology effectively in the classroom;
(2) providing preservice clinical experience and mentoring to prospective teachers, and increased interaction between IHE faculty and new and experienced elementary and secondary school teachers and administrators;
(3) implementing initiatives to promote the retention of highly qualified teachers and principals;
(4) awarding need-based scholarships for students in teacher preparation programs;
(5) disseminating information on effective teacher preparation practices; and
(6) conducting certain other activities authorized under title II. Authorizes the Secretary of to award a grant to Teach For America, Inc. to implement and expand its program of recruiting, selecting, training, and supporting new teachers who commit to teach for two years in underserved communities. Directs the Secretary to arrange a study, at least once every three years, examining the achievement levels of students taught by such teachers. Authorizes the Secretary to award competitive grants to a state for the establishment of a State Early Childhood Education Professional Development and Career Task Force:
(1) composed of state, higher education, and early childhood education representatives; and
(2) tasked with developing a plan for a comprehensive statewide early childhood education professional development and career system that includes the provision of postsecondary educational assistance to individuals who agree to work in early childhood education programs. Authorizes the Secretary to award competitive grants to partnerships of IHE teacher programs, IHE special education programs, and high-need LEAs to more effectively prepare general education teacher candidates to instruct disabled students in their classrooms. Requires such preparation to include extensive clinical experience, with mentoring and induction support throughout participants' first year of full-time teaching. Requires grantees to evaluate their programs and the Secretary to use such evaluations to report to Congress and the public on best practices for instructing disabled students in general education classrooms. Authorizes appropriations for the Part C programs for FY2009-FY2013.
(Sec. 202) Directs the Secretary to contract with the National Academy of Sciences (NAS) for a two-year study to develop suggested best practices in teacher preparation for schools of education. Title III: Title III Amendments - Revises and reauthorizes title III (Institutional Aid programs) of the HEA.
(Sec. 301) Expands the authorized uses of institutional aid to include educational or counseling services to improve the financial and economic literacy of students or their parents.
(Sec. 302) Establishes a formula grant program, including a minimum grant amount, for tribally controlled colleges and universities (replacing the current competitive grant program). Authorizes the use of grant funds for:
(1) acquiring adjacent property on which to construct instructional facilities;
(2) assisting faculty attain advanced degrees in tribal governance or tribal public policy; and
(3) developing and improving facilities for Internet and other distance education technologies. Authorizes the Secretary to reserve 30% of the appropriations for such colleges and universities to award one-year grants for their construction, maintenance, and renovation needs.
(Sec. 303) Establishes a new program awarding formula grants to Predominantly Black Institutions to:
(1) enhance their capacity to serve more low- and middle-income Black American students;
(2) expand higher education opportunities for students eligible for student assistance under title IV of the HEA by encouraging such students to prepare for college and persist in secondary and postsecondary education; and
(3) strengthen their financial ability to serve the academic needs of such students. Defines Predominantly Black Institutions as accredited institutions serving at least 1,000 undergraduate students at least:
(1) 50% of whom are pursuing a bachelor's or associate's degree;
(2) 40% of whom are Black Americans; and
(3) 50% of whom are low-income or first-generation college students. Requires the spending per full-time undergraduate student of such institutions to be low in comparison to that of institutions offering similar instruction. Allows grant recipients to use up to 20% of their grant on an endowment fund, provided they raise nonfederal matching funds at least equal to the amount of the grant used for such endowment. Allots funding among institutions on the basis of their share of Pell Grant recipients, graduates, and graduates pursuing a higher degree. Establishes a minimum allotment for each institution which is to be ratably reduced if appropriations are insufficient to pay it.
(Sec. 304) Establishes a new competitive grant program for Asian American and Pacific Islander-serving institutions to enhance their capacity to serve Asian American and Pacific Islander students. Defines Asian American and Native American Pacific Islander-serving institutions as accredited institutions that have a significant enrollment of financially needy students and an enrollment of undergraduate students that are at least 10% Asian American and Native American Pacific Islander students. Requires the spending per full-time undergraduate student of such institutions to be low in comparison to that of institutions offering similar instruction. Gives grant priority to institutions that serve a significant percentage of low-income Asian American and Native American Pacific Islander students.
(Sec. 305) Establishes a new competitive grant program for Native American-serving, non-tribal institutions to enhance their capacity to serve Native Americans. Requires the undergraduate student enrollment of Native Americans at such institutions to be at least 10% of the total undergraduate enrollment.
(Sec. 306) Revises the grant program for historically Black colleges and universities to direct the Commissioner of the Bureau of Labor Statistics and the Secretary to consult with the Commissioner for Education Statistics in determining professional and academic areas in which blacks are underrepresented. Authorizes the use of grant funds for:
(1) the acquisition of real property for campus facilities;
(2) education or financial services information designed to improve the financial literacy and economic literacy of students or their parents; and
(3) technical assistance or services necessary for the implementation of approved projects or activities. Conditions the eligibility of historically Black colleges and universities for grants on their furnishing the Secretary with certain data indicating that they have enrolled Pell grant recipients, graduated students in the previous academic year, and, where appropriate, sent some graduates on to graduate or professional school. Adds to the list of eligible graduate and professional institutions. Increases the amount of appropriations reserved for grants to institutions on such list before such additions.
(Sec. 307) Increases the maximum and minimum Endowment Challenge grant available to certain minority-serving institutions.
(Sec. 308) Alters responsibilities of designated bonding authorities under the historically Black colleges and universities capital financing program, including by lowering the maximum issuance charge and interest rate they may charge, and requiring them to forbear or defer loan collection in certain situations. Increases the principal amount of outstanding bonds for loans to historically Black colleges and universities which may be federally insured under such program. Requires the Secretary to specify up to three designated bonding authorities and provide for the review of their authorizations at least every three years. Alters the size and composition of the HBCU Capital Financing Advisory Board.
(Sec. 309) Establishes a new YES Partnerships grant program for partnerships of IHEs, high-need LEAs, and community organizations to encourage underrepresented minority students in kindergarten through grade 12 to pursue careers in science, technology, engineering, and mathematics (STEM) through outreach and hands-on, experiential-based learning projects. Allows the Secretary to contract with a advertising firm to implement a campaign encouraging:
(1) young Americans to enter STEM fields, particularly Latin-Americans, African-Americans, and women underrepresented in such fields; and
(2) professionals in those fields to teach such subjects to elementary and secondary school students.
(Sec. 310) Allows the Secretary to provide technical assistance to institutions desiring a grant under title III.
(Sec. 311) Allows the Secretary to waive, for FY2009-FY2013, the application of specified title III requirements for certain minority-serving IHEs affected by a Gulf of Mexico hurricane disaster.
(Sec. 312) Authorizes title III appropriations for FY2009-FY2013. Sets a $200,000 minimum on title III grants. Title IV: Title IV Amendments - Revises and reauthorizes title IV Student Assistance programs. Part A: Part A Amendments -
(Sec. 401) Increases the authorized annual maximum Pell Grant award to $9,000 through academic year 2013-2014. Allows the awarding of an additional Pell Grant during a single award year to certain students who attend school year-round to accelerate their progress toward a degree or certificate. Prohibits from receiving a Pell Grant any persons subject to involuntary civil commitment after incarceration for a forcible or non-forcible sexual offense. Limits the period during which a student may receive Pell Grants to 18 semesters or 27 quarters. Provides that for students who are not enrolled full-time, only the fraction of time enrolled shall count toward such limits. Eliminates the expected family contribution used in determining Pell Grant eligibility in the case of a student applicant whose parent or guardian was killed while performing military service in Iraq or Afghanistan after September 11, 2001. Broadens the array of students eligible for Academic Competitiveness grants and National Science and Mathematics Access to Retain Talent (SMART) grants to include:
(1) part-time students;
(2) non-citizens;
(3) students enrolled in certificate-awarding programs;
(4) first-year students who were previously enrolled in undergraduate education; and
(5) students enrolled in IHEs that do not permit declaration of a major, but who are studying one of the requisite subjects or have a cumulative grade point average of at least 3.0 in the relevant coursework.
(Sec. 402) Reauthorizes appropriations for TRIO programs (of grants and contracts designed to identify qualified individuals from disadvantaged backgrounds and help prepare them for a program of postsecondary education) for FY2009-FY2013. Makes community-based organizations with experience in serving disadvantaged youth eligible for TRIO grants and contracts. Eliminates the requirement that there be exceptional circumstances before secondary schools are eligible recipients of such grants and contracts. Requires TRIO grant applicants to ensure that foster care youth, including youth who leave foster care after reaching age 16, receive supportive services. Allows homeless or unaccompanied youth to participate in TRIO programs. Extends the duration of TRIO grants to five years. Sets the minimum grant at $200,000, except for staff training and development programs. Directs the Secretary to establish outcome criteria for such programs. Establishes an appeals process for TRIO applicants. Prohibits veterans of the Armed Forces Reserves from being deemed ineligible to participate in TRIO because of age if they served on active duty for a period of more than 180 days or in support of a contingency operation on or after September 11, 2001. Requires TRIO programs that are designed specially for LEP students, disconnected students, and groups of disadvantaged persons who have particular lower educational access or outcomes. Requires the Secretary to discontinue the absolute priority for Upward Bound Program participant selection and evaluation published by the Department in the Federal Register on September 22, 2006. Includes Native Hawaiians and Pacific Islanders in the Postbaccalaureate Achievement program designed to provide disadvantaged college students with effective preparation for doctoral study.
(Sec. 403) Reauthorizes appropriations for Gaining Early Awareness and Readiness for Undergraduate Programs (GEARUP) for FY2009-FY2013. Allows the Secretary to award seven-year GEARUP grants. Requires grantees to provide students with the option of receiving services through their first year at an IHE. Requires grantees, if they do not use a cohort approach in providing GEARUP services, to treat disconnected students as priority students for participation in GEARUP. Allows GEARUP applicants or grantees to request reduced matching requirements due to unforeseen changes in circumstances. Treats every nonfederal dollar spent to provide GEARUP students with financial assistance for postsecondary education as two dollars for the purpose of satisfying the matching requirement. Includes among permissible GEARUP activities:
(1) special programs or tutoring in science, technology, engineering, or mathematics;
(2) financial and economic literacy education or counseling;
(3) promotion of the importance of a college education; and
(4) state provision of technical assistance to elementary and secondary schools, and GEARUP partnerships. Alters the formula for determining the minimum GEARUP scholarship.
(Sec. 404) Repeals the Academic Achievement Incentive Scholarships program.
(Sec. 405) Reauthorizes appropriations for federal Supplemental Educational Opportunity Grants (SEOG) for FY2009-FY2013. Increases the allowance for books and supplies in determining cost of attendance under SEOG.
(Sec. 406) Reauthorizes appropriations for the Leveraging Educational Assistance Partnership (LEAP) Program for FY2009-FY2013. Increases the maximum LEAP grant from $5,000 to $12,500. Replaces the Special Leveraging Educational Assistance Partnership (SLEAP) program with the Grants for Access and Persistence program. Requires state grantees to be in partnership with:
(1) at least one IHE in the state;
(2) early information and intervention, mentoring, or outreach programs in the state; and
(3) at least one philanthropic organization or business in the state. Requires such partnerships to:
(1) coordinate the provision of financial assistance to low-income students;
(2) provide need-based grants for access and persistence to eligible low-income students;
(3) provide early notification to low-income students of their eligibility for financial aid; and
(4) encourage such students' participation in early information and intervention, mentoring, or outreach programs. Sets the federal share of funds for the Grants for Access and Persistence program at:
(1) 57%, if the state partnership includes IHEs whose combined enrollment is less than half of the student enrollment in the state; and
(2) 66.66%, if more than half of the students in the state are enrolled in a participating IHE.
(Sec. 407) Reauthorizes appropriations for special programs for students whose families are engaged in migrant and seasonal farmwork (the High School Equivalency program and the College Assistance Migrant Program, HEP/CAMP) for FY2009-FY2013. Revises eligibility requirements for both programs to make it the students or their immediate family which must engage in the requisite period of migrant and seasonal farmwork, rather than they or their parents. Includes preparation for college entrance examinations and activities to improve persistence and retention in postsecondary education among the services provided under the HEP program. Adds economic or personal finance education, internships, and certain follow-up services to authorized CAMP activities. Increases the minimum allocation for each project under both programs. Requires that at least 45% of appropriations be devoted to the HEP and at least 45% be devoted to the CAMP.
(Sec. 408) Replaces the Robert C. Byrd Honors Scholarship program with the Robert C. Byrd American Competitiveness program composed of:
(1) a Mathematics and Science Honors Scholarship program for students who are earning baccalaureate or advanced degrees in science, mathematics, or engineering and who agree to serve for five consecutive years in a field relevant to such degree;
(2) a Mathematics and Science Incentive program under which the Secretary assumes the obligation to pay the interest due on FFELs and DLs by individuals who agree to serve for five consecutive years as highly qualified teachers of science, technology, engineering or mathematics within high need LEAs, or as mathematics, science, or engineering professionals;
(3) a Foreign Language Partnerships program awarding grants to partnerships of IHEs and LEAs to recruit and train critical foreign language teachers, and establish innovative opportunities for students to achieve proficiency in such languages as they advance from elementary school through college; and
(4) an Adjunct Teachers Corps program awarding grants to LEAs or partnerships of LEAs and public or private educational organizations or businesses to recruit and train individuals outside of the elementary and secondary education system who have expertise in mathematics, science, and critical foreign languages to serve as adjunct content specialists in such subjects at secondary schools. Requires the Secretary to identify and report to Congress on best practices for strengthening the role of minority-serving IHEs in increasing our critical foreign language education efforts. Authorizes appropriations for such program for FY2009-FY2013.
(Sec. 409) Reauthorizes appropriations for the Child Care Access Means Parents in School program for FY2009-FY2013. Increases the minimum grant available to IHEs and decreases the amount of Pell Grant funds they must award each fiscal year to be eligible for such grants. Alters the definition of eligible low-income students to include those whose income makes them eligible for a Pell Grant. Requires program participants to report annually to the Secretary regarding their activities. Requires the Secretary to publicize the availability of grants under such program.
(Sec. 410) Repeals the Learning Anytime Anywhere Partnerships program.
(Sec. 411) Requires TEACH grant applicants to be provided with a disclosure form regarding the service obligation attending such grants. Directs the Secretary to identify extenuating circumstances that would excuse grant recipients from service obligations. Directs the Secretary to evaluate the effectiveness of TEACH grants. Part B: Federal Family Education Loans -
(Sec. 421) Extends federal insurance and interest subsidies on FFELs through FY2013, and through FY2017 for new FFELs provided to existing borrowers.
(Sec. 423) Requires lenders, secondary markets, holders, or guaranty agencies to provide, upon request, free and timely title IV student loan information to IHEs, or third party servicers working for IHEs, to prevent loan defaults by current or former students.
(Sec. 424) Directs the Secretary to submit annually to Congress an evaluation of the effect voluntary flexibility agreements with guaranty agencies (providing such agencies with statutory or regulatory waivers) have on the FFEL program.
(Sec. 425) Requires the repayment of FFEL principal by graduate or professional student borrowers to commence six months after the date the student ceases to carry at least one-half the normal full-time academic workload.
(Sec. 426) Directs lenders to clearly and conspicuously disclose to borrowers seeking to add federal Perkins loans (PLs) to federal consolidation loans that they will lose all PL interest-free periods and cease to be eligible for PL cancellation due to employment in certain public service jobs.
(Sec. 427) Extends the authority for federal consolidation loans through FY2013.
(Sec. 428) Raises, from 10% to 15%, the cohort default rate which IHE's must fall below to be exempt from FFEL multiple disbursement and first year student endorsement requirements.
(Sec. 429) Turns the Loan Forgiveness for Child Care Providers program into the Loan Forgiveness for Service in Areas of National Need program providing loan forgiveness under the FFEL and DL programs to certain full-time early childhood educators, nurses, foreign language specialists, librarians, highly qualified teachers, child welfare workers, speech-language pathologists and audiologists, national service participants, school counselors, public sector employees, nutrition professionals, medical specialists, mental health professionals, dentists, individuals employed in engineering, technology, applied sciences, or mathematics, physical therapists, and school superintendents, principals, or other administrators. Authorizes appropriations for such program for FY2009-FY2013.
(Sec. 430) Directs the Secretary to assume the obligation to repay student loans under the FFEL, DL, and PL programs on behalf of civil legal assistance attorneys for the duration of agreements between the Secretary and such attorneys requiring their continued employment in such capacity for at least three years. Authorizes the Secretary to enter into additional agreements with civil legal assistance attorneys who have completed their service obligation. Authorizes appropriations for such program for FY2009-FY2013.
(Sec. 431) Requires the Secretary to assume the obligation to repay or cancel the loans of student borrowers under the FFEL and DL programs who commit to volunteering as mentors of at-risk children for at least one school year and attend a recognized community college.
(Sec. 432) Requires the Secretary, prior to agreeing to any proposed claims settlement exceeding $1 million, to ask the Attorney General to review its terms.
(Sec. 433) Requires guaranty agencies to develop specific delinquency and default prevention programs, and provide training for students and families in budgeting and financial management.
(Sec. 434) Raises, from 25% to 30%, beginning in FY2012, the cohort default rate at which IHEs become ineligible for title IV student loan programs if they meet or exceed such rate for each of the three most recent fiscal years. Sets forth an appeals process allowing IHEs who meet or exceed such rate to obtain regulatory relief by demonstrating exceptional mitigating circumstances. Requires an IHE whose cohort default rate meets or exceeds such threshold in any fiscal year to establish a default prevention task force to prepare a plan to remedy the situation and revise such plan if the school's failure continues for a second consecutive fiscal year. Directs the Secretary to place such IHEs' cohort default rates and remedial plans on the College Navigator website. Raises from .0375 to .0625 the FFEL and DL participation rate index figure excepting from title IV student loan ineligibility based on its high cohort default rate any IHE that equals or falls below the participation rate index for any of the three most recent fiscal years. (Sec. 434 [sic]) Includes as eligible FFEL lenders any national or state chartered banks with assets of less than $1 billion that have as their primary consumer credit function the making or holding of student FFELs.
(Sec. 435) Makes changes in the calculation of IHEs' cohort default rates for FFELs. Directs the Secretary to collect and report cohort default rates and life of cohort default rates for each category of IHE.
(Sec. 436) Requires the Secretary to accept documentation that the Department of Veterans Affairs has rated student borrowers as permanently and totally disabled as sufficient documentation for the discharge of their FFELs. Part C: College Work/Study -
(Sec. 441) Reauthorizes appropriations for Work-Study (WS) programs for FY2009-FY2013. Allows WS funds to be used for activities that respond to community needs, including disaster preparation and response activities. Increases the allowance for books and supplies in determining cost of attendance under the WS program. Requires each IHE receiving WS program funds to include at least one civic education and participation project and give priority to employing students in educating and training the public about evacuation, emergency response, and injury prevention strategies relating to natural disasters, acts of terrorism, and other emergencies. Allows the federal share of WS student compensation for such projects to exceed 75%. Allows IHEs in major disaster-affected areas to pay disaster-affected students amounts equal to or less than the amounts such students would have been paid had the students been able to complete their work obligation.
(Sec. 442) Authorizes the Secretary to award grants to IHEs to supplement off-campus community service employment. Gives grant priority to IHEs that support postsecondary students who assist in early childhood education and disaster preparation and response activities. Authorizes appropriations for such grant program for FY2009-FY2013.
(Sec. 443) Revises work college requirements by:
(1) referring to work college programs as comprehensive work-learning-service programs;
(2) limiting eligibility to four-year degree-granting IHEs; and
(3) requiring resident students, including at least half of all resident students enrolled on a full-time basis, to participate in a comprehensive work-learning-service program for at least five hours each week, or not less than 80 hours during each period of enrollment, unless they are engaged in study abroad or externship programs approved by the school. Part D: Federal Direct Student Loans -
(Sec. 451) Extends funding through FY2013 for the costs of administering the FFEL and DL programs and paying FFEL account maintenance fees to guaranty agencies.
(Sec. 452) Clarifies the definition of public service jobs for the purpose of DL cancellations for public service employees.
(Sec. 453) Requires the Secretary to ensure that monthly DL statements and other Department publications do not contain more than four digits of any individual's social security number.
(Sec. 454) Provides that no interest shall accrue on DLs disbursed after FY2007 to individuals who are serving on active duty or performing National Guard duty during a war or other military operation or national emergency and are serving in areas of hostilities in which service qualifies for special pay. Limits receipt of such benefit to 60 months. Requires the Secretary of Education to offer direct consolidation loans to eligible service members who want to avoid the accrual of interest on existing loans.
(Sec. 455) Requires the Secretary to:
(1) arrange for an annual independent audit of loans and contracts under the DL program and guaranty agencies participating in the FFEL program; and
(2) make publicly available annual and quarterly reports on the use of funds under the DL and FFEL programs. Part E: Perkins Loans -
(Sec. 461) Reauthorizes appropriations for PLs for FY2009-FY2013.
(Sec. 462) Increases the allowance for books and supplies in determining cost of attendance under the program.
(Sec. 463) Allows IHEs to refer PLs to the Secretary for collection, but limits the Secretary's authority to to require their assignment to the Secretary.
(Sec. 464) Increases:
(1) the maximum PL amount a student may receive in an academic year to $5,500 for undergraduate students and $8,000 for graduate or professional students; and
(2) aggregate limits on the unpaid principal amount of PLs made to a student, to $60,000 for graduate or professional students, $27,500 for undergraduate students who have completed two years of undergraduate studies, and $11,000 for other students. Requires documentation of PL forbearance agreements between IHEs and borrowers. Allows defaulted PLs to be rehabilitated if the borrower makes 9 (currently, 12) ontime, consecutive, monthly payments of amounts due.
(Sec. 465) Revises requirements for the cancellation of loans for certain public service to include service:
(1) in a prekindergarten or child care program;
(2) as a full-time firefighter;
(3) as a full-time faculty member at a tribal college or university;
(4) as a librarian with a master's degree working in an elementary school eligible for assistance under title I of the Elementary and Secondary Education Act (ESEA-I eligible) or in a public library serving an area containing an ESEA-I eligible school; and
(5) as a full-time speech language therapist with a master's degree working exclusively with ESEA-I eligible schools. Provides loan cancellation for such occupations and for service in the armed forces in an area of hostilities at the rate of 15% for the first or second year of service, 20% for the third or fourth year of service, and 30% for the fifth year of service.
(Sec. 466) Expresses the sense of Congress that the PL program is an important part of federal student aid and should remain a campus-based aid program, strengthened by increased federal funding and the restoration of capital contribution funds. Part F: Need Analysis -
(Sec. 471) Expands the definition of an allowance for room and board to include an allowance for expenses reasonably incurred for board, but not for room, for those students who receive a military housing allowance or live on base.
(Sec. 472) Includes an individual's nursing home expenses within the special circumstances financial aid administrators may consider in analyzing an individual's need.
(Sec. 473) Defines total income for dislocated workers as the estimated adjusted gross income plus estimated untaxed income minus the estimated excludable income for the current tax year. Excludes the value of on-base military housing or a military housing allowance from consideration as untaxed income or benefits in the need analysis formula. Excludes earnings from IHE cooperative education work programs from need analyses. Reduces, for the first year a student receives veterans' education benefits, the factor in the eligibility formula representing estimated educational financial assistance already received by the student by the amount of military pay deductions made for such benefits.
(Sec. 474) Requires the Secretary to arrange for the use, with taxpayer consent, of tax return data from the second preceding tax year when and to the extent necessary to simplify need analyses. Part G: General Provisions -
(Sec. 481) Directs the Secretary to provide to IHEs before each award year a compliance calendar listing all reports and disclosures required under HEA, including specified information.
(Sec. 482) Requires the Secretary to make the Free Application for Federal Student Aid (FAFSA):
(1) consumer-friendly, with the goal of 50% fewer data elements;
(2) available in both paper and (downloadable) electronic formats;
(3) flexible enough to permit applicants to enter data years before enrolling and selectively update information; and
(4) include data elements relevant to state student aid determinations. Directs the Secretary to develop a simplified paper EZ FAFSA for applicants having no expected family contributions and simplified electronic FAFSAs for applicants to whom a simplified needs test applies. Directs the Secretary to conduct a demonstration program assessing the feasibility and benefits of allowing dependent students to apply for aid in their junior year of high school or two years before their enrollment in an IHE. Requires the Secretary, within one year of this Act's enactment, to develop a model IHE financial aid offer form that presents in a consumer-friendly manner:
(1) the student's cost of attendance;
(2) the amount of financial aid that the student does not have to repay and the conditions under which such aid is renewable;
(3) the amount of work-study assistance the student is eligible to receive;
(4) the amount and terms of title IV loans available to student and their parents;
(5) the cost of attendance minus the financial aid offered; and
(6) where to seek additional financial aid information.
(Sec. 483) Directs the Secretary to use any savings accrued by moving more applicants to electronic FAFSAs to increase access to such forms by students who meet simplified needs test or zero expected family contribution requirements.
(Sec. 484) Urges the Secretary and the Secretary of the Treasury to develop a process allowing the Department, with the applicant's permission, to complete the FAFSA and provide early estimates of aid eligibility by drawing income information directly from the Internal Revenue Service (IRS).
(Sec. 485) Makes citizens of Palau eligible for Pell Grants until September 30, 2009. Makes students convicted of a drug offense eligible for assistance under the title IV or WS programs if they pass two unannounced drug tests conducted by a drug rehabilitation program. Makes eligible for HEA student aid any intellectually disabled students who have been accepted for enrollment and are maintaining satisfactory progress in an IHE comprehensive transition and postsecondary education program for such students. Requires the Secretary to analyze FAFSA data and report to Congress regarding the number, characteristics, and circumstances of students denied federal student aid based on drug convictions while receiving such aid.
(Sec. 486) Provides that a borrower may not raise a defense based on infancy against an IHE collecting an obligation under the PL program.
(Sec. 487) Requires IHEs to justify any policy requiring students who are a members of the Armed Forces and whose school attendance is interrupted by active duty to apply for readmission after the conclusion of such active duty.
(Sec. 488) Adds to the institutional information IHEs must provide information on:
(1) policies and sanctions related to copyright infringement;
(2) institutional policies regarding meningoccal vaccinations;
(3) plans for coordination with state and local law enforcement agencies in investigating specified felonies and missing student reports;
(4) additional categories of hate crimes occurring on or off campus;
(5) immediate emergency response and evacuation procedures;
(6) transfer of credit policies;
(7) fire safety practices and standards; and
(8) penalties for student drug violations. Sets forth requirements regarding such emergency response and evacuation procedures, including the requirement that such procedures be tested on an annual basis. Requires IHEs to:
(1) include on registration or enrollment forms an item allowing students to identify an individual they wish the school to contact if the student is reported missing;
(2) establish protocols requiring that missing person reports regarding students be referred to the school's police or campus security department; and
(3) if the student has been missing for over twenty-four hours, contact the individual identified by the student or the parent of the student if the student is under age eighteen.
(Sec. 489) Directs the Secretary to provide technical assistance to states and IHEs to develop, enhance, and implement, comprehensive articulation agreements among such IHEs in a state, and (to the extent practicable) across state lines, by 2010. Requires the Secretary to conduct a study and report to Congress regarding the implementation of such agreements.
(Sec. 490) Requires IHEs that enter into preferred lender arrangements to make available to students and parents preferred lender lists that:
(1) include the model disclosure form information that preferred lenders must provide to such schools;
(2) fully disclose the reason for each lender's inclusion and the students' right to choose other lenders;
(3) include at least three unaffiliated lenders and, if the school promotes or endorses private educational loans, at least two unaffiliated lenders of such loans; and
(4) prominently disclose the process used to ensure that lenders are selected on the basis of the benefits they provide borrowers. Requires IHEs to:
(1) report annually to the Secretary the number and percentage of students taking classes on-line or through distance education, and the number and percentage of courses they offer on-line or through distance education; and
(2) disclose to alleged victims of violent crime or non-forcible sex offenses, or to their next of kin if they have died, the final results of any disciplinary proceedings against alleged student perpetrators of such crimes. Subjects to sanctions any proprietary IHEs that do not earn at least 10% of their revenue from non-title IV sources (the 90/10 rule), including suspension of their title IV eligibility after two consecutive years of noncompliance. Continues such suspension for at least the three fiscal years following the fiscal year in which they become ineligible. Set forth rules for the calculation of non-title IV revenue. Requires the Secretary to identify on the College Navigator website any IHE that fails to meet the 90/10 rule. Requires IHEs to establish policies, which may include forensic scrubs, on the disposal or disposition of all technology assets which may contain personal and sensitive data of their students. Requires IHEs to provide each admitted student considering an undergraduate or graduate program with:
(1) a multi-year tuition and fee schedule; or
(2) a single-year tuition and fee schedule, and a nonbinding, multi-year estimate of net costs after all financial aid is awarded, including the average deviation between previous year estimates and actual net costs. Waives the application of such requirement to schools that demonstrate that certain events have made a commitment to such a schedule impracticable. Permits the Secretary to modify audit requirements for foreign IHEs, and waive such requirements for foreign IHEs that have loan volumes under $500,000. Requires an additional compliance audit of an IHE if more than 5% of its students receive title IV or WS assistance without having graduated from secondary school. Requires IHEs to inform:
(1) private educational lenders of each loan applicant's enrollment status, cost of attendance, and the difference between such cost and the applicant's estimated financial assistance from other sources; and
(2) borrowers of their ability to select a private educational lender of their choice and the impact of proposed private loans on their eligibility for other financial assistance.
(Sec. 491) Directs the Secretary to continue the voluntary participation of any experimental site in existence as of July 1, 2007, under the Quality Assurance program (which allows certain IHEs to implement their own comprehensive student aid management systems), unless the site fails to satisfy the program's purposes.
(Sec. 492) Allows IHEs to transfer 25% of their WS program allotment to their PL program allotment.
(Sec. 493) Includes among the duties of the Advisory Committee on Student Financial Assistance, monitoring the adequacy of total need-based aid available to low- and moderate-income students. Authorizes the Committee through FY2011. (Sec. 495A) Requires IHEs to:
(1) make information available to their students and employees regarding the illegal downloading and distribution of copyrighted materials (campus-based digital theft); and
(2) develop plans to provide alternatives to, and deter, such illegal downloading. Authorizes the Secretary to award competitive grants to IHEs for the implementation of programs to prevent the illegal downloading and distribution of intellectual property. Authorizes appropriations for such grant program for FY2009-FY2013. Part H: Program Integrity -
(Sec. 496) Revises requirements for recognition of an accrediting agency or association. Requires accreditors to:
(1) demonstrate, where applicable, that their standards effectively address an IHE's distance education programs (without requiring them to have separate distance education standards);
(2) consider different standards of success developed by different IHEs;
(3) confirm that an IHE has publicly disclosed transfer policies that include a statement of the IHE's criteria regarding the transfer of credit earned at another IHE; and
(4) take into consideration and address a school's response to any review or determination. Prohibits accreditors from making a determination or taking adverse action based upon an unpublished or undocumented policy, practice, or precedent. Requires IHEs to submit teach-out plans for accreditor approval when they are to be sanctioned for violating student aid participation agreements, losing their accreditation, or intend to cease operations. Prohibits this section from being construed as authorizing the Secretary to issue regulations regarding the specific standards an accreditor uses to assess an IHE.
(Sec. 497) Establishes an Accreditation Ombudsman to address the grievances of those involved in the accreditation process.
(Sec. 498) Sets forth additional requirements for accreditors regarding program review and data. Requires the Secretary to provide an IHE with an adequate opportunity to review and respond to any program review report, and materials relevant to such report, before a final program review determination is reached.
(Sec. 499) Directs the Secretary and the Secretary of the Treasury to evaluate a pilot program for the auction of FFEL PLUS loans, which is to be conducted by the Secretary, and report to Congress regarding the costs and benefits of such auction and the feasibility of auctioning other FFELs or using other market mechanisms to operate the FFEL program. Requires the Government Accountability Office (GAO) to conduct an independent evaluation of such pilot program by September 1, 2013. Title V: Title V Amendments - Revises the title V Developing Institutions grant program for Hispanic-serving institutions.
(Sec. 501) Creates a new part B (Promoting Postbaccalaureate Opportunities for Hispanic Americans) program authorizing the Secretary to award competitive grants to Hispanic-serving institutions that are making substantive contributions to graduate educational opportunities for Hispanic students. Sets the minimum title V grant amount at $200,000. Authorizes the use of title V funds to improve the financial and economic literacy or students or their parents. Reauthorizes title V appropriations for FY2009-FY2013. Title VI: Title VI Amendments - Revises and reauthorizes title VI International Education programs.
(Sec. 601) Revises requirements for graduate and undergraduate language and area centers and programs. Includes among authorized activities:
(1) supporting instructors of the less commonly taught languages;
(2) projects that support in students an understanding of science and technology in coordination with foreign language proficiency; and
(3) center partnerships with LEAs and elementary and secondary schools to increase student knowledge of foreign languages and world regions. Makes undergraduates eligible for fellowships for foreign language and area or international studies. Revises requirements for undergraduate international studies and foreign language programs. Authorizes grant recipients to use up to 10% of their grant for educational programs abroad that promote foreign language fluency and knowledge of world regions. Revises provisions under the technological innovation and cooperation for foreign information access program to authorize grants to partnerships between IHEs or libraries and nonprofit educational organizations, including museums. Authorizes the use of grant funds to purchase foreign information and establish linkages with foreign institutions to facilitate access to such information. Allows the Secretary to reduce or waive the cost sharing requirement for certain IHEs receiving assistance under title III or V. Reauthorizes appropriations under part A (International and Foreign Language Studies) of title VI for FY2009-FY2013.
(Sec. 602) Authorizes IHE centers for international business education to use grant funds to work with foreign countries to encourage the advancement and understanding of cultural, technological management, and manufacturing software systems. Allows the Secretary to reduce or waive the cost sharing requirements under part B (Business and International Education Programs) of title VI for certain IHEs receiving assistance under title III or V of the HEA. Reauthorizes appropriations for FY2009-FY2013 for such programs, including centers for international business education and education and training programs.
(Sec. 603) Revises Institute for International Public Policy (IIPP) programs under part C of title V to specifically include, in addition to historically Black colleges and universities, tribally controlled colleges or universities, Alaska Native and Native Hawaiian-serving institutions, Hispanic-serving institutions, and IHEs that serve substantial numbers of underrepresented minority students, in the foreign service professional development program. Requires the IIPP institutional development program to promote collaboration among the minority-serving institutions receiving funds under such program. Includes Alaska Native-serving, Native Hawaiian-serving, and Hispanic-serving institutions in the study abroad and internships programs. Turns the IIPP masters degree in international relations program into a program leading to an advanced degree in international relations, international affairs, international economics, or other academic areas related to the IIPP fellow's career objectives. Repeals the Interagency Committee on Minority Careers in International Affairs. Refers to students who participate in the internship programs as Ralph J. Bunche Fellows. Makes the current annual IIPP report biennial. Reauthorizes appropriations for the IIPP for FY2009-FY2013.
(Sec. 604) Creates a new Preparing for Early Foreign Language Instruction program. Authorizes the Secretary to award competitive five-year grants to partnerships between IHE foreign language departments and LEAs to prepare, provide professional development to, and develop teaching materials for elementary and secondary school teachers. Gives grant priority to partnerships that include high-need LEAs or emphasize the teaching of commonly taught and critical foreign languages in articulated programs. Authorizes appropriations for such program for FY2009-FY2013.
(Sec. 605) Prohibits the Secretary from using more than 1% of title VI funds for International Education program evaluation, national outreach, and information dissemination activities.
(Sec. 606) Requires applicants for title VI funds for student travel and study abroad to describe their policies and procedures for keeping students safe.
(Sec. 607) Creates a new Science and Technology Advanced Foreign Language Education Grant program requiring the Secretary to award grants to IHEs that develop innovative programs that combine the study of foreign languages with the study of science and technology. Gives grant priority to IHEs teaching critical foreign languages. Authorizes appropriations for such program.
(Sec. 608) Requires IHEs to report gifts in excess $1 million in a fiscal year that are received from a foreign government or private entity and intended for use in a title VI program.
(Sec. 609) Requires the Secretary to establish a marketing campaign to encourage students to study foreign languages. Title VII: Title VII Amendments - Revises and reauthorizes title VII Graduate and Post-Secondary Improvement programs.
(Sec. 701) Treats a master's degree in fine arts as a terminal degree, permitting students pursuing such degree to participate in the Jacob K. Javits Fellows program Allows IHEs to grant fellowship recipients an interruption of study in exceptional circumstances, such as active duty military service or a personal or family illness. Directs the Secretary, in appointing members of the Jacob K. Javits Fellows Program Fellowship Board, to include representatives from diverse geographic regions and at least one representative representing a minority-serving institution. Reauthorizes appropriations for the program for FY2009-FY2013.
(Sec. 702) Specifies the entities with which the Secretary must consult, and additional considerations to take into account, in determining areas of national need under the Graduate Assistance in Areas of National Need program. Gives priority to grants preparing faculty to train highly qualified elementary and secondary school teachers of math, science, special education, and LEP students. Reauthorizes appropriations for the program for FY2009-FY2013.
(Sec. 703) Revises the Thurgood Marshall Legal Educational Opportunity program to involve middle and high school students in the program and provide Thurgood Marshall Fellowships to law school students who participate in certain summer institutes. Reauthorizes appropriations for FY2009-FY2013 for the program.
(Sec. 704) Establishes the Patsy T. Mink Fellowship program of awards to IHEs to assist highly qualified minorities and women acquire the terminal master's degrees or the doctorate degrees in academic areas in which such individuals are underrepresented for the purpose of entering the higher education professoriate. Directs the Secretary to award at least 50% of program funds to minority-serving institutions eligible for assistance under title III or V, or consortia that include such schools. Requires fellowship recipients to serve at the IHE from which they received the fellowship for a period equivalent to the fellowship period. Authorizes appropriations for the program for FY2009-FY2013.
(Sec. 705) Directs the Secretary to award grants to certain historically Black colleges and universities and other minority-serving institutions for the provision of fellowships to students earning their masters degrees in the physical or natural sciences, mathematics, engineering, computer science, information technology, nursing, allied health, or related scientific or health fields identified by the Secretary. Authorizes grantees to use up to 25% of a grant to strengthen their master's degree programs in such subjects; but requires them to raise an equal amount from other sources if they do so.
(Sec. 706) Adds to authorized activities under the Fund for the Improvement of Postsecondary Education program (FIPSE):
(1) the assessment of teacher preparation programs;
(2) initiatives to help schools reduce illegal downloading of copyrighted content;
(3) the support of increased fire safety in student housing;
(4) assessing the feasibility and potential design of an inter-institution organization monitoring gender and racial equality in faculty and administration;
(5) programs increasing the secondary school graduation rates of LEP students and the number of eligible late-entering LEP students who pursue postsecondary education;
(6) demonstration projects to provide comprehensive support services to ensure that homeless students, or students who were in foster care until the age of 18, enroll and succeed in postsecondary education;
(7) promoting cultural diversity in the entertainment media industry; and
(8) the creation of IHE consortia to establish interdisciplinary programs on poverty. Establishes new FIPSE programs to create:
(1) a scholarship program for the family members of veterans and military personnel; and
(2) a center, at an IHE, to study and develop best practices to support single-parent students. Prohibits the provision of FIPSE assistance to IHEs that fail to demonstrate that they are in compliance with a specified energy efficiency standard for new construction or renovations.Adds support for the teaching of traditional American history and the incorporation of medical quality and safety into medical and nursing courses to the areas of national need eligible for FIPSE special project funding. Reauthorizes appropriations for FY2009-FY2013 for the FIPSE program.
(Sec. 707) Turns the Urban Community Service program into the Urban-Serving Research Intuitions program. Authorizes the Secretary to award grants to urban-serving research universities to further develop and apply research findings to implement:
(1) improvements in teacher quality and retention, or student postsecondary and workplace readiness in cooperation with elementary and secondary schools and other educational organizations; and
(2) economic revitalization efforts and public health outreach, education, and intervention activities in partnership with community-based organizations and other public or nonprofit private entities. Gives priority to applicants that propose to conduct joint projects supported by other local, state, and federal programs and to institutions that have been effectively engaged in serving their community. Authorizes appropriations for FY2009-FY2013 for such program.
(Sec. 708) Expands the authorized uses of grants for programs (currently, demonstration projects) to ensure that disabled students receive a quality higher education to include:
(1) the development of teaching methods and strategies to ensure the successful transition of disabled students from secondary to postsecondary education; and
(2) making distance education, instructional materials, and curriculum development more accessible to such students. Reauthorizes appropriations for FY2009-FY2013 for such programs. Directs the Office of Postsecondary Education to provide for the establishment and support of a National Center for Information and Technical Support for Postsecondary Students with Disabilities to improve the postsecondary recruitment, retention, and completion success rates of such students. Requires such center to:
(1) provide information and technical assistance to disabled students, their families, and IHEs;
(2) maintain a web-based data bank of IHE disability support services information;
(3) work with disability support experts to consolidate, evaluate, improve upon, and disseminate information related to professional standards and best practices for IHE disability support services; and
(4) report biennially regarding the postsecondary success of disabled students. Establishes an advisory commission on accessible instructional materials in postsecondary education for students with disabilities to make recommendations for improving the timely delivery and quality of accessible instructional materials for postsecondary s


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Ugh, pork for the music industry: "Each eligible institution participating in any program under this title shall to the extent practicable— [...] (2) develop a plan for offering alternatives to illegal downloading or peer-to-peer distribution of intellectual property as well as a plan to explore technology-based deterrents to prevent such illegal activity." Get that dumb language out of this bill!
EFF's take: http://www.eff.org/deeplinks/2008/01/digital-theft-prevention-requirements-remain-higher-education-bill
I'll make this simple...we have more important problems to solve, and better things to do. Rip this egregious sop to the media industry out of the bill. Read the EFF link noted above for more nuanced argument.
These new numbers out from the MPAA should help the cause of getting the filesharing provision out of this bill:
"Yesterday, the Motion Picture Association of America admitted something that many of us had suspected all along – an MPAA-funded study showing that 44% of the industry’s losses came from illegal downloading of movies by college students using campus networks was overstated by a factor of 3. The MPAA now says that only 15% of its losses come from campus activity."
http://www.publicknowledge.org/node/1363
So, does the loan forgiveness program for math and science students mean that since I recently graduated with a CS and Math double major and have loans up the wazzoo that I can apply for forgiveness of some of my loans? what do I have to do to get that?
We'll it look like it passed the House. I am disappointed in my congressman who voted aye. It sucks to tie state funding of education to the whims of a particular industry. I am glad though that it only says that they have to come up with an alternative. I don't think they actually have to enact it.
i'm not sure how onerous "developing a plan" is i.e. we plan to install a packet-filter at the top of the domain to block all p2p-flavored packets going out of the university network, even with more detail, is very different from actually implementing such a scheme. I'm not sure 'plan' necessarily implies something that can be rolled out even reasonably immediately if further legislation required it.
also, the 'alternatives' language suggests an opening for non-commercial internet-media distribution schemes to get free publicity: Miro anyone?
Why can't you get the education problems right? Middle class families can't afford to pay for multiple children to attend college. My son has loans of 8.9%, can't you do something about this? You forgive prosecuters and public defender loans. I believe they could pay their loans, and it sounds like more coruption and pork.
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The importance of this bill is that we are seeing the first "real" legislation on an internet issue. We should not destroy the only forum left that allows truly free speech. Last time I checked musicians are still rich. R Kelly's 100,000 dollar suit might need to be traded for a 80,000 dollar suit, but I'm willing to make that sacrifice in order to keep the government from legislating the internet.
I want to recommend that anyone in support of this bill for the larger overall goal of getting something done, I have set up a letter writing campaign to urge the Rep George Miller, Sen. Ted Kennedy, Sen. Mike Enzi and Rep Buck McKeon to keep a vigilant watch for people with disabilities.
Please take a look at the action on Change.org,
http://www.change.org/actions?event_id=17577
9000 for pell grant ( doubles the pell Grant) AND can use it during three semesters per year ( currently only two), I WANT THAT! Cut out the P2P thing if it will hold the grants back!
What a crock. I will need more lube with the peer-to-peer part to begin thinking about the merits of the loan things.
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