H.R. 4674 — what changed

added “(F) meets the requirements of paragraph (3).”

added “(3) Revenue sources—In order to qualify as a proprietary institution of higher education under this subsection, an institution shall derive not less than 15 percent of the institution’s revenues from sources other than Federal education assistance funds, as calculated in accordance with paragraph (4).”

removed Section 102(a)(4)(A) of Higher Education Act of 1965 (20 U.S.C. 1002(a)(4)(A)) is amended by inserting “or receivership” after “that files for bankruptcy”.

Part A of title I of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by adding at the end the following:

“104. Program of training to prepare students for gainful employment in a recognized occupation

“(a) Gainful employment program defined—In this Act (including for purposes of sections 101 and 102), the term program of training to prepare students for gainful employment in a recognized occupation means a training program that—

“(1) is in compliance with the performance metrics (including the eligibility thresholds for each such metric) established under subsection (b)(1);

“(2) is in compliance with the notice requirements under subsection (b)(1)(C)(i)(II);

“(3) is otherwise eligible to receive funds under title IV; and

“(4) is not a training program that is substantially similar to a training program which, during a period determined by the Secretary, did not meet one or more of the performance metrics (such as an eligibility threshold) described in paragraph (1).

“(b) Secretarial requirements

“(1) Establishment of requirements

“(A) In general—Not later than 18 months after the date of enactment of the College Affordability Act, the Secretary shall establish requirements that training programs shall meet to be programs of training to prepare students for gainful employment in a recognized occupation, which shall include—

“(i) establishing performance metrics (including eligibility thresholds for each such metric) described in subparagraph (B); and

“(ii) developing a disclosure template and a verification process for disclosures described in subparagraph (C).

“(B) Performance metrics

“(i) In general—In establishing the performance metrics under subparagraph (A)(i), the Secretary shall, at a minimum, establish the requirements for a debt-to-earnings rate that serves the best interests of students and taxpayers, which shall include—

“(I) a methodology for calculating such debt-to-earnings rate for a training program, including—

“(aa) a definition of the cohort of individuals on whom such rate shall be based, who shall be selected from the individuals who were enrolled in such training program (without regard to whether the individuals received a loan for such enrollment);

changed “(bb) a determination of the debt amount for such rate based on the median annual loan payment for the loans made under title IV and the private education loans received for such enrollment by such cohort; andcohort;

changed “(cc) a determination of the earnings amount for such rate based on the mean or median of the actual, student-level annual earnings for such cohort;cohort; and

changed “(II) “(dd) establishing a process (such as an appeals process) to authorize training programs to use alternate earnings in lieu of the mean or median of the actual, student-level annual earnings of a cohort; and

changed “(III) “(II) establishing a threshold rate that each training program shall meet to be eligible to receive funds under title IV.that—

added “(aa) each training program shall meet to be eligible to receive funds under title IV; and

added “(bb) is comparable to the eligibility thresholds for the debt-to-earning ratio established in the final rule on “Program Integrity: Gainful Employment” published by the Department of Education in the Federal Register on October 31, 2014 (Fed. Reg. 64890 et seq.).

“(ii) Earnings data—In determining the mean or median of the actual, student-level annual earnings for purposes of this subparagraph, the Secretary shall obtain and use the most appropriate available Federal data on such earnings.

“(C) Disclosure template—The Secretary shall develop—

“(i) a disclosure template that—

“(I) is consumer tested; and

“(II) is used by each institution of higher education that offers a training program to provide enrolled and prospective students (including through publication on the website of such institution of higher education for such training program)—

“(aa) on an annual basis, student outcome information for such program (including the debt-to-earnings rate and whether the eligibility threshold for any other performance metric established under subparagraph (A)(i) has been met); and

“(bb) in a case in which the training program receives a notice of determination under paragraph (2)(B) that the program may be ineligible for funds under title IV, or may receive other sanctions, not later than 30 days after receipt of such notice, an explanation of such notice of determination; and

“(ii) a process to annually verify that each institution of higher education that offers a training program is providing the disclosures required under clause (i)(II).

added “(2) Enforcement of requirements—Not later than 2 years after the Secretary establishes requirements under paragraph (1), and annually thereafter, the Secretary shall, with respect to each training program that seeks to meet the definition in subsection (a), including each such program that met such definition for most recent award year for which data are available—

removed “(2) Enforcement of requirements—Not later than 2 years after the Secretary establishes requirements under paragraph (1), and annually thereafter, the Secretary shall, with respect to each training program that meets the definition of subsection (a) or that seeks to meet such definition—

“(A) calculate the debt-to-earnings rate and assess performance with respect to any other metric established under paragraph (1)(A)(i) for the preceding award year, and make such information publicly available on the website of the Department;

added “(B) issue a notice of determination on whether the program meets the definition in subsection (a), including whether the program shall be subject to sanctions (such as loss of eligibility under title IV); and

removed “(B) issue a notice of determination on whether the program is meeting the requirements established by the Secretary, including whether the program shall be subject to sanctions (such as loss of eligibility under title IV); and

“(C) enforce the applicable sanctions.”

changed Section 114 111(a) of the Higher Education Act of 1965 (20 U.S.C. 1011c) 1011(a)) is amended by striking subsection (f).inserting “(including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, or sex stereotype)” after “sex”.

added Section 114 of the Higher Education Act of 1965 (20 U.S.C. 1011c) is amended by striking subsection (f).

removed “(g) Regulations

removed “(1) In general—Not later than 2 years after the date of the enactment of the College Affordability Act, the Secretary shall issue regulations to carry out this section.

removed “(2) Procedure—Regulations under paragraph (1) shall be—

removed “(A) developed through the negotiated rulemaking process under section 492;

removed “(B) developed with consultation from stakeholders; and

removed “(C) published in the Federal Register in accordance with section 482.”

removed “(C) a description of the health-risks associated with the use of illicit drugs and alcohol and substance misuse;”

removed “(D) a description of any alcohol or substance misuse counseling, treatment, rehabilitation, recovery, re-entry, or recovery support programs provided by the institution (including in partnership with a community-based organization) that are available to employees or students;”

added “(g) Regulations

added “(1) In general—Not later than 2 years after the date of the enactment of the College Affordability Act, the Secretary shall issue regulations to carry out this section.

added “(2) Procedure—Regulations under paragraph (1) shall be—

added “(A) developed through the negotiated rulemaking process under section 492;

added “(B) developed with consultation from stakeholders; and

added “(C) published in the Federal Register in accordance with section 482.”

added “(i) Treatment of tuition payment—A tuition and related fees and expenses payment to an institution by a foreign source made on behalf of a student enrolled at such institution shall not be considered a gift from or contract with a foreign source under this subsection.”

removed “(C) compliance assistance to assist institutions in complying with the requirements of this section.”

removed “(2) Interagency agreement—Not later than 180 days after the date of enactment of the College Affordability Act, the Secretary shall enter into a interagency agreement with the Secretary of Health and Human Services to—

removed “(A) determine criteria that satisfy the requirement of subsection (a) that an institution of higher education has adopted and has implemented an evidence-based program described in such subsection;

removed “(B) establish a process for disseminating the best practices for adopting and implementing such an evidence-based program; and

removed “(C) establish a process that promotes coordination and collaboration between institutions of higher education and the respective State agencies that administer the Substance Abuse Prevention and Treatment Block Grants pursuant to subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21).

removed “(3) Guidance—Not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall, in coordination with the Secretary of Health and Human Services, issue guidance with respect to the criteria described in paragraph (2)(A).”

removed “(2) Additional uses—In addition to the activities described in paragraph (1), a grant or contract awarded under paragraph (1) may be used to carry out 1 or more of the following evidence-based programs or activities:

removed “(A) Providing programs for recovery support services, and peer-to-peer support services and counseling for students with a substance use disorder.

removed “(B) Promoting integration and collaboration in campus-based health services between primary care, substance use disorder services, and mental health services.

removed “(C) Promoting integrated care services for students related to screening, diagnosis, prevention, and treatment of mental, behavioral, and substance use disorders.

removed “(D) Providing re-entry assistance for students on academic probation due to their substance use disorder.

removed “(E) Preventing fatal and nonfatal overdoses.

removed “(F) Providing education to students, faculty, or other personnel on—

removed “(i) recognizing the signs and symptoms of substance use disorder, and how to engage and support a person in a crisis situation;

removed “(ii) resources available in the community, within the institution of higher education, and other relevant resources for individuals with a substance use disorder; and

removed “(iii) safely de-escalating crisis situations involving individuals with a substance use disorder.”

removed “(6) Authorization of appropriations—There are authorized to be appropriated to carry out this section $15,000,000 for fiscal year 2021 and each of the 5 succeeding fiscal years.”

added “(C) a description of the health-risks associated with the use of illicit drugs and alcohol and substance misuse;”

added “(D) a description of any alcohol or substance misuse counseling, treatment, rehabilitation, recovery, re-entry, or recovery support programs provided by the institution (including in partnership with a community-based organization) that are available to employees or students;”

added “(C) compliance assistance to assist institutions in complying with the requirements of this section.”

added “(2) Interagency agreement—Not later than 180 days after the date of enactment of the College Affordability Act, the Secretary shall enter into a interagency agreement with the Secretary of Health and Human Services to—

added “(A) determine criteria that satisfy the requirement of subsection (a) that an institution of higher education has adopted and has implemented an evidence-based program described in such subsection;

added “(B) establish a process for disseminating the best practices for adopting and implementing such an evidence-based program; and

added “(C) establish a process that promotes coordination and collaboration between institutions of higher education and the respective State agencies that administer the Substance Abuse Prevention and Treatment Block Grants pursuant to subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21).

added “(3) Guidance—Not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall, in coordination with the Secretary of Health and Human Services, issue guidance with respect to the criteria described in paragraph (2)(A).”

added “(2) Additional uses—In addition to the activities described in paragraph (1), a grant or contract awarded under paragraph (1) may be used to carry out 1 or more of the following evidence-based programs or activities:

added “(A) Providing programs for recovery support services, and peer-to-peer support services and counseling for students with a substance use disorder.

added “(B) Promoting integration and collaboration in campus-based health services between primary care, substance use disorder services, and mental health services.

added “(C) Promoting integrated care services for students related to screening, diagnosis, prevention, and treatment of mental, behavioral, and substance use disorders.

added “(D) Providing re-entry assistance for students on academic probation due to their substance use disorder.

added “(E) Preventing fatal and nonfatal overdoses.

added “(F) Providing education to students, faculty, or other personnel on—

added “(i) recognizing the signs and symptoms of substance use disorder, and how to engage and support a person in a crisis situation;

added “(ii) resources available in the community, within the institution of higher education, and other relevant resources for individuals with a substance use disorder; and

added “(iii) safely de-escalating crisis situations involving individuals with a substance use disorder.”

added “(6) Authorization of appropriations—There are authorized to be appropriated to carry out this section $15,000,000 for fiscal year 2021 and each of the 5 succeeding fiscal years.”

removed Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:

removed “124. Exception to required registration with selective service system

removed “Notwithstanding section 12(f) of the Military Selective Service Act (50 U.S.C. 3811(f)), a person shall not be ineligible for assistance or a benefit provided under title IV if the person is required under section 3 of such Act (50 U.S.C. 3802) to present himself for and submit to registration under such section, and fails to do so in accordance with any proclamation, rule, or regulation issued under such section.”

changed Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as amended by this part, seq.) is further amended by adding at the end the following:

changed “125. Integrity of nonprofit institutions of higher education“124. Exception to required registration with selective service system

changed “(a) Determination—The Secretary may approve the conversion of an institution “Notwithstanding section 12(f) of higher education to the Military Selective Service Act (50 U.S.C. 3811(f)), a nonprofit institution of higher education only person shall not be ineligible for assistance or a benefit provided under title IV if the Secretary determines that such institution person is required under section 3 of higher education meets the requirements such Act (50 U.S.C. 3802) to present himself for and submit to registration under subsection (b).such section, and fails to do so in accordance with any proclamation, rule, or regulation issued under such section.”

removed “(b) Application—To be eligible to convert and participate as a nonprofit institution of higher education under this Act, an institution of higher education shall submit an application to the Secretary that demonstrates each of the following:

removed “(1) That the institution of higher education that submits such application is controlled, 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.

removed “(2) That any assets or services acquired by the institution of higher education that submits such application from former owners of such institution of higher education were not acquired for more than the value of such assets or services.

removed “(3) That no member of the governing board of the institution of higher education that submits such application (other than ex officio members serving at the pleasure of the remainder of the governing board and receiving a fixed salary), or any person with the power to appoint or remove members of such governing board or any immediate family member of such a member of the board or such a person with power of appointment, receives any substantial direct or indirect economic benefit (including a lease, promissory note, or other contract) from such institution of higher education.

removed “(4) That the institution of higher education that submits such application is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.

removed “(5) Subject to subsection (c), that none of the core functions of the institution of higher education that submits such application are under the control of, or subject to significant direction from, an entity that is not a public institution of higher education or other nonprofit entity.

removed “(c) Presumption of significant direction—For purposes of paragraph (5) of subsection (b), in the case of an institution of higher education that submits an application under such subsection, there shall be a conclusive presumption that an entity (other than such institution of higher education) exercises significant direction over such institution if one or more of the employees or owners of the entity serves as an officer, member of the board, or person holding similar authority for such institution.

removed “(d) Transition period—In the case of a proprietary institution of higher education (as defined in section 102(b)) approved for conversion under subsection (a), for a period of at least 5 years that begins on the date such institution is approved for such conversion, the institution shall be subject to any provision of this Act and any regulations that apply to proprietary institutions of higher education.

removed “(e) Value—The term value, with respect to an acquisition under subsection (b)(2)—

removed “(1) includes the value of any ongoing relationship (including any contract, agreement, lease or other arrangement);

removed “(2) subject to paragraph (3), may be demonstrated through—

removed “(A) a third-party appraisal based on comparable assets acquired by, or goods or services procured by, nonprofit corporations in similar market conditions;

removed “(B) an independent financing of the acquisition based upon the assets acquired; or

removed “(C) a full and open competition in the acquisition of services or assets, as such term is defined in section 2.101(b) of title 48, Code of Federal Regulations, as in effect on the date of the enactment of this section; and

removed “(3) shall be subject to such other demonstration process determined appropriate by the Secretary in a case in which the Secretary does not accept a demonstration process described in paragraph (2).

removed “(f) Publication

removed “(1) Application—Before the Secretary may approve the conversion of an institution of higher education under subsection (a), the application of such institution submitted to the Secretary under subsection (b) shall be published in the Federal Register with an appropriate notice and comment period.

removed “(2) Determination—The Secretary shall publish each determination under this section, and the reasons for such determination, under the Federal Register.

removed “(g) Public representation and marketing of nonprofit status—An institution of higher education shall not promote or market itself, in any manner, as a nonprofit institution of higher education unless—

removed “(1) in the case of an institution of higher education that seeks to convert to a nonprofit institution of higher education under this section—

removed “(A) the Secretary has given final approval of the conversion of the institution to a nonprofit institution of higher education under this section;

removed “(B) an accrediting agency or association recognized by the Secretary pursuant to section 496 has approved the nonprofit status of the institution; and

removed “(C) the State has given final approval to the institution as a nonprofit institution of higher education, as applicable; and

removed “(2) the Commissioner of Internal Revenue has approved the institution as tax exempt for purposes of the Internal Revenue Code of 1986.

removed “(h) Office To monitor nonprofit integrity—Not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall establish an office within the Department with the expertise necessary to carry out this section.

removed “126. Review of governance

removed “The Secretary shall review the governance of an institution of higher education when such institution has engaged in transactions or arrangements determined by the Secretary as potential indicators of private inurement, in order to promote the highest standards of nonprofit integrity.”

Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as amended by this part, is further amended by adding at the end the following:

changed “127. Support and guidance for homeless individuals and foster care youth“125. Integrity of nonprofit institutions of higher education

changed “(a) Guidance—Not later than 120 days after Determination—The Secretary may approve the date conversion of enactment an institution of the College Affordability Act, higher education to a nonprofit institution of higher education only if the Secretary shall issue revised guidance for institutions determines that such institution of higher education and financial aid administrators regarding serving homeless individuals and foster care youth, including meets the requirements of the determination process for financial aid administrators as specified in section 480(d).under subsection (b).

changed “(b) Professional development—Beginning not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall conduct an annual professional development or training program, such Application—To be eligible to convert and participate as a webinar, for liaisons described nonprofit institution of higher education under section 485(k) and interested faculty or staff regarding postsecondary this Act, an institution of higher education services for such homeless individuals and foster care youth.shall submit an application to the Secretary that demonstrates each of the following:

changed “(c) Report—Not later than 1 year after “(1) That the date of enactment institution of the College Affordability Act, and not less than once every 5 years thereafter, the Secretary shall prepare higher education that submits such application is controlled, owned, and submit to Congress a report containing strategies used operated by institutions, financial aid administrators, and liaisons described under section 485(k) that were effective in meeting one or more nonprofit corporations or associations, no part of the needs net earnings of such homeless individuals and foster care youth, including strategies relating which inures, or may lawfully inure, to streamlining financial aid policies and procedures and postsecondary education recruitment, retention, and completion.the benefit of any private shareholder or individual.

changed “(d) Homeless individual defined—In this section, the term homeless individual has “(2) That any assets or services acquired by the meaning given institution of higher education that submits such application from former owners of such institution of higher education were not acquired for more than the term in section 402A.”value of such assets or services.

added “(3) That no member of the governing board of the institution of higher education that submits such application (other than ex officio members serving at the pleasure of the remainder of the governing board and receiving a fixed salary), or any person with the power to appoint or remove members of such governing board or any immediate family member of such a member of the board or such a person with power of appointment, receives any substantial direct or indirect economic benefit (including a lease, promissory note, or other contract) from such institution of higher education.

added “(4) That the institution of higher education that submits such application is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.

added “(5) Subject to subsection (c), that none of the core functions of the institution of higher education that submits such application are under the control of, or subject to significant direction from, an entity that is not a public institution of higher education or other nonprofit entity.

added “(c) Presumption of significant direction—For purposes of paragraph (5) of subsection (b), in the case of an institution of higher education that submits an application under such subsection, there shall be a conclusive presumption that an entity (other than such institution of higher education) exercises significant direction over such institution if one or more of the employees or owners of the entity serves as an officer, member of the board, or person holding similar authority for such institution.

added “(d) Transition period

added “(1) In general—In the case of a proprietary institution of higher education approved for conversion under subsection (a), for a period of at least 5 years that begins on the date such institution is approved for such conversion, the institution shall be—

added “(A) subject to any provision of this Act and any regulation that apply to proprietary institutions of higher education; and

added “(B) considered a proprietary institution of higher education for purposes of this Act.

added “(2) Definition—The term proprietary institution of higher education has the meaning given the term in section 102(b).

added “(e) Value—The term value, with respect to an acquisition under subsection (b)(2)—

added “(1) includes the value of any ongoing relationship (including any contract, agreement, lease or other arrangement);

added “(2) subject to paragraph (3), may be demonstrated through—

added “(A) a third-party appraisal based on comparable assets acquired by, or goods or services procured by, nonprofit corporations in similar market conditions;

added “(B) an independent financing of the acquisition based upon the assets acquired; or

added “(C) a full and open competition in the acquisition of services or assets, as such term is defined in section 2.101(b) of title 48, Code of Federal Regulations, as in effect on the date of the enactment of this section; and

added “(3) shall be subject to such other demonstration process determined appropriate by the Secretary in a case in which the Secretary does not accept a demonstration process described in paragraph (2).

added “(f) Publication

added “(1) Application—Before the Secretary may approve the conversion of an institution of higher education under subsection (a), the application of such institution submitted to the Secretary under subsection (b) shall be published in the Federal Register with an appropriate notice and comment period.

added “(2) Determination—The Secretary shall publish each determination under this section, and the reasons for such determination, under the Federal Register.

added “(g) Public representation and marketing of nonprofit status—An institution of higher education shall not promote or market itself, in any manner, as a nonprofit institution of higher education unless—

added “(1) in the case of an institution of higher education that seeks to convert to a nonprofit institution of higher education under this section—

added “(A) the Secretary has given final approval of the conversion of the institution to a nonprofit institution of higher education under this section;

added “(B) an accrediting agency or association recognized by the Secretary pursuant to section 496 has approved the nonprofit status of the institution; and

added “(C) the State has given final approval to the institution as a nonprofit institution of higher education, as applicable; and

added “(2) the Commissioner of Internal Revenue has approved the institution as tax exempt for purposes of the Internal Revenue Code of 1986.

added “(h) Office to monitor nonprofit integrity—Not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall establish an office within the Department with the expertise necessary to carry out this section.

added “126. Review of governance

added “The Secretary shall review the governance of an institution of higher education when such institution has engaged in transactions or arrangements determined by the Secretary as potential indicators of private inurement, in order to promote the highest standards of nonprofit integrity.”

Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as amended by this part, is further amended by adding at the end the following:

changed “128. Calculation of percentage of enrolled students receiving or eligible “127. Support and guidance for Federal Pell Grantshomeless individuals and foster care youth

changed “Beginning on “(a) Guidance—Not later than 120 days after the date of enactment of the College Affordability Act, for purposes of calculating under this Act the percentage of students enrolled at an institution Secretary shall issue revised guidance for institutions of higher education or in a program who are receiving Federal Pell Grants under section 401 or who are eligible to receive such grants, and financial aid administrators regarding serving homeless individuals and foster care youth, including the total number requirements of students who are counted the determination process for financial aid administrators as enrolled in such institution or program shall not include students who are dually or concurrently enrolled specified in the institution or program and a secondary school.”section 480(d).

added “(b) Professional development—Beginning not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall conduct an annual professional development or training program, such as a webinar, for liaisons described under section 485(k) and interested faculty or staff regarding postsecondary education services for such homeless individuals and foster care youth.

added “(c) Report—Not later than 1 year after the date of enactment of the College Affordability Act, and not less than once every 5 years thereafter, the Secretary shall prepare and submit to Congress a report containing strategies used by institutions, financial aid administrators, and liaisons described under section 485(k) that were effective in meeting the needs of such homeless individuals and foster care youth, including strategies relating to streamlining financial aid policies and procedures and postsecondary education recruitment, retention, and completion.

added “(d) Homeless individual defined—In this section, the term homeless individual has the meaning given the term in section 402A.”

added Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as amended by this part, is further amended by adding at the end the following:

added “128. Calculation of percentage of enrolled students receiving or eligible for Federal Pell Grants

added “Beginning on the date of enactment of the College Affordability Act, for purposes of calculating under this Act the percentage of students enrolled at an institution of higher education or in a program who are receiving Federal Pell Grants under section 401 or who are eligible to receive such grants, the total number of students who are counted as enrolled in such institution or program shall not include students who are dually or concurrently enrolled in the institution or program and a secondary school.”

removed “129. Certification regarding the use of certain Federal funds

removed “(a) Prohibition—No Federal funds received under this Act 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).

removed “(b) Applicability—The prohibition in subsection (a) applies with respect to the following Federal actions:

removed “(1) The awarding of any Federal contract.

removed “(2) The making of any Federal grant.

removed “(3) The making of any Federal loan.

removed “(4) The entering into of any Federal cooperative agreement.

removed “(5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

removed “(c) Lobbying and Earmarks—No Federal student aid funding under this Act may be used to hire a registered lobbyist or pay any person or entity for securing an earmark.

removed “(d) Certification—Each institution of higher education or other postsecondary educational institution receiving Federal funding under this Act, as a condition for receiving such funding, shall annually certify to the Secretary that the requirements of subsections (a) through (c) have been met.

removed “(e) Actions To Implement and Enforce—The Secretary shall take such actions as are necessary to ensure that the provisions of this section are implemented and enforced.”

added “(4) Minimum requirements for net price calculators—Not later than 1 year after the date of enactment of the College Affordability Act, a net price calculator for an institution of higher education shall, at a minimum, meet the following requirements:

added “(A) The link for the calculator—

added “(i) is clearly labeled as a net price calculator and prominently, clearly, and conspicuously (in such size and contrast (such as shade) that it is readily noticeable and readable) posted in locations on the institution’s website where information on costs and aid is provided (such as financial aid, prospective students, or tuition and fees web pages);

added “(ii) matches in size and font to the other prominent links on the primary menu; and

added “(iii) may also be included on the institution’s compliance web page, which contains information relating to compliance with Federal, State, and local laws.

added “(B) The input screen for the net price calculator displays a chart of the net prices for students receiving Federal student financial aid under title IV (as required by subsection (i)(5)) for the most recent academic year for which data are available, disaggregated by income categories.

added “(C) The results screen for the calculator specifies the following information:

added “(i) The individual net price (as calculated under paragraph (2)) for the individual student, which is the most visually prominent figure on the results screen, including a statement of—

added “(I) the year for which the net price applies; and

added “(II) the year from which the data was used to determine that net price.

added “(ii) Cost of attendance, including—

added “(I) the total estimated cost for a student to complete the program of study, based on normal time for completion of, or graduation from, the student’s particular program of study;

added “(II) the total annual cost of attendance;

added “(III) annual tuition and fees;

added “(IV) average annual cost of room and board for the institution for a first-time, full-time undergraduate student enrolled in the institution;

added “(V) average annual cost of books and supplies for a first-time, full-time undergraduate student enrolled in the institution;

added “(VI) estimated annual cost of other expenses (including personal expenses and transportation) for a first-time, full-time undergraduate student enrolled in the institution; and

added “(VII) a statement of—

added “(aa) the year for which each cost described in this clause applies; and

added “(bb) the year from which the data was used to determine each cost described in this clause.

added “(iii) Estimated total need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, that may be available to the individual student, showing the subtotal for each category and the total of all sources of grant aid, and disaggregated by academic year for normal time for completion of, or graduation from, the student’s particular program of study.

added “(iv) Percentage of the first-time, full-time undergraduate students enrolled in the institution that received any type of grant aid described in clause (iii), disaggregated by their first year and subsequent years of enrollment up to the number of years for normal completion of, or graduation from, their particular program of study.

added “(v) The disclaimer described in paragraph (6).

added “(vi) In the case of a calculator that—

added “(I) includes questions to estimate a student’s (or prospective student’s) eligibility for veterans’ education benefits (as defined in section 480) or educational benefits for active duty service members, such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in clause (iii); or

added “(II) does not include questions to estimate eligibility for the benefits described in subclause (I), the results screen indicates—

added “(aa) that certain students (or prospective students) may qualify for such benefits;

added “(bb) states why the institution is not including questions to estimate a student’s eligibility for such benefits; and

added “(cc) includes a link to an appropriate Federal website that provides information about such benefits.

added “(D) The institution populates the calculator with data from not earlier than 2 academic years prior to the most recent academic year.

added “(5) Prohibition on use of data collected by the net price calculator—A net price calculator for an institution of higher education shall—

added “(A) clearly indicate which questions are required to be completed for an estimate of the net price from the calculator;

added “(B) in the case of a calculator that requests contact information from users, clearly mark such requests as optional;

added “(C) prohibit any personally identifiable information provided by users from being sold or made available to third parties; and

added “(D) clearly state Any information that you provide on this site is confidential. The Net Price Calculator does not store your responses or require personal identifying information of any kind..”

added “(7) Universal net price calculator

added “(A) In general—The Secretary may develop a universal net price calculator that is housed within the Department of Education, with Department branding, and that may be based on or utilize an existing platform developed by a public or private entity, that—

added “(i) enables users to answer one set of questions and receive net prices for any institution that is required to have a net price calculator under this subsection;

added “(ii) provides the information required under subparagraphs (C) and (D) of paragraph (4) for each institution for which a net price is being sought;

added “(iii) is developed in consultation with the heads of relevant Federal agencies; and

added “(iv) before being finalized and publicly released, is tested in accordance with subparagraph (B).

added “(B) Consumer testing

added “(i) In general—If the Secretary develops a universal net price calculator under subparagraph (A), the Secretary, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the universal net price calculator developed under this paragraph for consumer testing among representatives of students (including low-income students, first generation college students, adult students, and prospective students), students' families (including low-income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups.

added “(ii) Length of consumer testing—The Secretary shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under clause (i).

added “(iii) Use of results—The results of consumer testing under clause (i) shall be used in the final development of the universal net price calculator.

added “(iv) Reporting requirement—Not later than 3 months after the date the consumer testing under clause (i) concludes, the Secretary shall submit to Congress the final universal net price calculator and a report detailing the results of such testing, including whether the Secretary added any additional items to the calculator as a result of such testing.

added “(v) Authority to modify—The Secretary may modify the definitions, terms, formatting, and design of the universal net price calculator based on the results of consumer testing required under this paragraph and before finalizing the calculator.

added “(8) Report from Secretary—Not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall submit a report to Congress on steps taken to raise awareness of net price calculators among prospective students and families, particularly among students in middle school and high school and students from low-income families.”

removed Section 132(i)(1) of the Higher Education Act of 1965 (20 U.S.C. 1015a(i)(1)) is amended—

“(AA) The institution’s expenditures on each of the following:

“(i) Instruction.

“(ii) Student services.

“(iii) Marketing.

“(iv) Recruitment.

“(v) Advertising.

“(vi) Lobbying.”

“(l) Postsecondary student data system

“(1) In general

“(A) Establishment of system—The Commissioner of the National Center for Education Statistics (referred to in this subsection as the “Commissioner”) shall develop and maintain a secure, privacy-protected postsecondary student-level data system in order to—

“(i) accurately evaluate student enrollment patterns, progression, completion, and postcollegiate outcomes, and higher education costs and financial aid;

“(ii) assist with transparency, institutional improvement, and analysis of Federal aid programs;

“(iii) provide accurate, complete, and customizable information for students and families making decisions about postsecondary education; and

“(iv) reduce the reporting burden on institutions of higher education, in accordance with section 1022(b)(2) of the College Affordability Act.

“(B) Avoiding duplicated reporting—Notwithstanding any other provision of this section, to the extent that another provision of this section requires the same reporting or collection of data that is required under this subsection, an institution of higher education, or the Secretary or Commissioner, may use the reporting or data required for the postsecondary student data system under this subsection to satisfy both requirements.

“(C) Development process—In developing the postsecondary student data system described in this subsection, the Commissioner shall—

“(i) focus on the needs of—

“(I) users of the data system; and

“(II) entities, including institutions of higher education, reporting to the data system;

“(ii) take into consideration, to the extent practicable—

“(I) the guidelines outlined in the U.S. Web Design Standards maintained by the General Services Administration and the Digital Services Playbook and TechFAR Handbook for Procuring Digital Services Using Agile Processes of the U.S. Digital Service; and

“(II) the relevant successor documents or recommendations of such guidelines;

“(iii) use modern, relevant privacy- and security-enhancing technology, and enhance and update the data system as necessary to carry out the purpose of this subsection;

“(iv) ensure data privacy and security is consistent with any Federal law relating to privacy or data security, including—

“(I) the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards or any relevant successor of such standards;

“(II) security requirements that are consistent with the Federal agency responsibilities in section 3554 of title 44, United States Code, or any relevant successor of such responsibilities; and

“(III) security requirements, guidelines, and controls consistent with cybersecurity standards and best practices developed by the National Institute of Standards and Technology, including frameworks, consistent with section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)), or any relevant successor of such frameworks;

“(v) follow Federal data minimization practices to ensure only the minimum amount of data is collected to meet the system’s goals, in accordance with Federal data minimization standards and guidelines developed by the National Institute of Standards and Technology; and

“(vi) provide notice to students outlining the data included in the system and how the data are used.

“(2) Data elements

“(A) In general—The Commissioner, in consultation with the Postsecondary Student Data System Advisory Committee established under subparagraph (B), shall determine—

“(i) the data elements to be included in the postsecondary student data system, in accordance with subparagraphs (C) and (D); and

“(ii) how to include the data elements required under subparagraph (C), and any additional data elements selected under subparagraph (D), in the postsecondary student data system.

“(B) Postsecondary Student Data System Advisory Committee

“(i) Establishment—The Commissioner shall establish a Postsecondary Student Data System Advisory Committee (referred to in this subsection as the “Advisory Committee”), whose members shall include—

“(I) the Chief Privacy Officer of the Department or an official of the Department delegated the duties of overseeing data privacy at the Department;

“(II) the Chief Security Officer of the Department or an official of the Department delegated the duties of overseeing data security at the Department;

“(III) representatives of diverse institutions of higher education, which shall include equal representation between 2-year and 4-year institutions of higher education, and from public, nonprofit, and proprietary institutions of higher education, including minority-serving institutions;

“(IV) representatives from State higher education agencies, entities, bodies, or boards;

“(V) representatives of postsecondary students;

“(VI) representatives from relevant Federal agencies; and

“(VII) other stakeholders (including individuals with expertise in data privacy and security, consumer protection, and postsecondary education research).

“(ii) Requirements—The Commissioner shall ensure that the Advisory Committee—

“(I) adheres to all requirements under the Federal Advisory Committee Act (5 U.S.C. App.);

“(II) establishes operating and meeting procedures and guidelines necessary to execute its advisory duties; and

“(III) is provided with appropriate staffing and resources to execute its advisory duties.

“(C) Required data elements—The data elements in the postsecondary student data system shall include, at a minimum, the following:

“(i) Student-level data elements necessary to calculate the information within the surveys designated by the Commissioner as “student-related surveys” in the Integrated Postsecondary Education Data System (IPEDS), as such surveys are in effect on the day before the date of enactment of the College Affordability Act, except that in the case that collection of such elements would conflict with subparagraph (F), such elements in conflict with subparagraph (F) shall be included in the aggregate instead of at the student level.

“(ii) Student-level data elements necessary to allow for reporting student enrollment, persistence, retention, transfer, and completion measures for all credential levels separately (including certificate, associate, baccalaureate, and advanced degree levels), within and across institutions of higher education (including across all categories of institution level, control, and predominant degree awarded). The data elements shall allow for reporting about all such data disaggregated by the following categories:

“(I) Enrollment status as a first-time student, recent transfer student, or other non-first-time student.

“(II) Attendance intensity, whether full-time or part-time.

“(III) Credential-seeking status, by credential level.

“(IV) Race or ethnicity (in accordance with section 153(a)(3)(B) of the Education Sciences Reform Act (20 U.S.C. 9543(a)(3)(B))).

“(V) Age intervals.

“(VI) Gender.

“(VII) Program of study (as applicable).

“(VIII) Military or veteran benefit status (as determined based on receipt of veteran's education benefits, as defined in section 480(c)).

“(IX) Status as a distance education student, whether exclusively or partially enrolled in distance education.

“(X) Federal Pell Grant and Federal loan recipient status, provided that the collection of such information complies with paragraph (1)(B).

“(D) Other data elements

“(i) In general—The Commissioner may, after consultation with the Advisory Committee and provision of a public comment period, include additional data elements in the postsecondary student data system, such as those described in clause (ii), if those data elements—

“(I) are necessary to ensure that the postsecondary data system fulfills the purposes described in paragraph (1)(A); and

“(II) are consistent with data minimization principles, including the collection of only those additional elements that are necessary to ensure such purposes.

“(ii) Data elements—The data elements described in clause (i) may include—

“(I) status as a first generation college student (as defined in section 402A(h));

“(II) economic status;

“(III) participation in postsecondary remedial coursework or gateway course completion; or

“(IV) other data elements that are necessary in accordance with clause (i).

“(E) Reevaluation—Not less than once every 3 years after the implementation of the postsecondary student data system described in this subsection, the Commissioner, in consultation with the Advisory Committee described in subparagraph (B), shall review the data elements included in the postsecondary student data system and may revise the data elements to be included in such system.

“(F) Prohibitions—The Commissioner shall not include individual health data (including data relating to physical health or mental health), student discipline records or data, elementary and secondary education data, an exact address, citizenship status, migrant status, or national origin status for students or their families, course grades, postsecondary entrance examination results, political affiliation, or religion in the postsecondary student data system under this subsection.

“(3) Periodic matching with other Federal data systems

“(A) Data sharing agreements

“(i) The Commissioner shall ensure secure, periodic data matches by entering into data sharing agreements with each of the following Federal agencies and offices:

“(I) The Secretary of the Treasury and the Commissioner of the Internal Revenue Service, in order to calculate aggregate program- and institution-level earnings of postsecondary students.

“(II) The Secretary of Defense, in order to assess the use of postsecondary educational benefits and the outcomes of servicemembers.

“(III) The Secretary of Veterans Affairs, in order to assess the use of postsecondary educational benefits and outcomes of veterans.

“(IV) The Director of the Bureau of the Census, in order to assess the occupational and earnings outcomes of former postsecondary education students.

“(V) The Chief Operating Officer of the Office of Federal Student Aid, in order to analyze the use of postsecondary educational benefits provided under this Act.

“(ii) The heads of Federal agencies and offices described under clause (i) shall enter into data sharing agreements with the Commissioner to ensure secure, periodic data matches as described in this paragraph.

“(B) Categories of data—The Commissioner shall, at a minimum, seek to ensure that the secure periodic data system matches described in subparagraph (A) permit consistent reporting of the following categories of data for all postsecondary students:

“(i) Enrollment, retention, transfer, and completion outcomes for all postsecondary students.

“(ii) Financial indicators for postsecondary students receiving Federal grants and loans, including grant and loan aid by source, cumulative student debt, loan repayment status, and repayment plan.

“(iii) Post-completion outcomes for all postsecondary students, including earnings, employment, and further education, by program of study and credential level and as measured—

“(I) immediately after leaving postsecondary education; and

“(II) at time intervals appropriate to the credential sought and earned.

“(C) Periodic data match streamlining and confidentiality

“(i) Streamlining—In carrying out the secure periodic data system matches under this paragraph, the Commissioner shall—

“(I) ensure that such matches are not continuous, but occur at appropriate intervals, as determined by the Commissioner; and

“(II) seek to—

“(aa) streamline the data collection and reporting requirements for institutions of higher education;

“(bb) minimize duplicative reporting across or within Federal agencies or departments, including reporting requirements applicable to institutions of higher education under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and the Carl D. Perkins Career and Technical Education Act of 2006;

“(cc) protect student privacy; and

“(dd) streamline the application process for student loan benefit programs available to borrowers based on data available from different Federal data systems.

“(ii) Review—Not less often than once every 3 years after the establishment of the postsecondary student data system under this subsection, the Commissioner, in consultation with the Advisory Committee, shall review methods for streamlining data collection from institutions of higher education and minimizing duplicative reporting within the Department and across Federal agencies that provide data for the postsecondary student data system.

“(iii) Confidentiality—The Commissioner shall ensure that any periodic matching or sharing of data through periodic data system matches established in accordance with this paragraph—

“(I) complies with the security and privacy protections described in paragraph (1)(C)(iv) and other Federal data protection protocols;

“(II) follows industry best practices commensurate with the sensitivity of specific data elements or metrics;

“(III) does not result in the creation of a single standing, linked Federal database at the Department that maintains the information reported across other Federal agencies; and

“(IV) discloses to postsecondary students what data are included in the data system and periodically matched and how the data are used.

“(iv) Correction—The Commissioner, in consultation with the Advisory Committee, shall establish a process for students to request access to only their personal information for inspection and request corrections to inaccuracies in a manner that protects the student's personally identifiable information. The Commissioner shall respond in writing to every request for a correction from a student.

“(4) Publicly available information

“(A) In general—The Commissioner shall make the summary aggregate information described in subparagraph (C), at a minimum, publicly available through a user-friendly consumer information website and analytic tool that—

“(i) provides appropriate mechanisms for users to customize and filter information by institutional and student characteristics;

“(ii) allows users to build summary aggregate reports of information, including reports that allow comparisons across multiple institutions and programs, subject to subparagraph (B);

“(iii) uses appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot be used to identify specific individuals; and

“(iv) provides users with appropriate contextual factors to make comparisons, which may include national median figures of the summary aggregate information described in subparagraph (C).

“(B) No personally identifiable information available—The summary aggregate information described in this paragraph shall not include personally identifiable information.

“(C) Summary Aggregate Information available—The summary aggregate information described in this paragraph shall, at a minimum, include each of the following for each institution of higher education:

“(i) Measures of student access, including—

“(I) admissions selectivity and yield; and

“(II) enrollment, disaggregated by each category described in paragraph (2)(C)(ii).

“(ii) Measures of student progression, including retention rates and persistence rates, disaggregated by each category described in paragraph (2)(C)(ii).

“(iii) Measures of student completion, including—

“(I) transfer rates and completion rates, disaggregated by each category described in paragraph (2)(C)(ii); and

“(II) number of completions, disaggregated by each category described in paragraph (2)(C)(ii).

“(iv) Measures of student costs, including—

“(I) tuition, required fees, total cost of attendance, and net price after total grant aid, disaggregated by in-State tuition or in-district tuition status (if applicable), program of study (if applicable), and credential level; and

“(II) typical grant amounts and loan amounts received by students reported separately from Federal, State, local, and institutional sources, and cumulative debt, disaggregated by each category described in paragraph (2)(C)(ii) and completion status.

“(v) Measures of postcollegiate student outcomes, including employment rates, mean and median earnings, loan repayment and default rates, and further education rates. These measures shall—

“(I) be disaggregated by each category described in paragraph (2)(C)(ii) and completion status; and

“(II) be measured immediately after leaving postsecondary education and at time intervals appropriate to the credential sought or earned.

“(D) Development criteria—In developing the method and format of making the information described in this paragraph publicly available, the Commissioner shall—

“(i) focus on the needs of the users of the information, which will include students, families of students, potential students, researchers, and other consumers of education data;

“(ii) take into consideration, to the extent practicable, the guidelines described in paragraph (1)(C)(ii)(I), and relevant successor documents or recommendations of such guidelines;

“(iii) use modern, relevant technology and enhance and update the postsecondary student data system with information, as necessary to carry out the purpose of this paragraph;

“(iv) ensure data privacy and security in accordance with standards and guidelines developed by the National Institute of Standards and Technology, and in accordance with any other Federal law relating to privacy or security, including complying with the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards, and security requirements, and setting of National Institute of Standards and Technology security baseline controls at the appropriate level; and

“(v) conduct consumer testing to determine how to make the information as meaningful to users as possible.

“(5) Permissible disclosures of data

“(A) Data reports and queries

“(i) In general—The Commissioner shall develop and implement a secure process for making student-level, non-personally identifiable information, with direct identifiers removed, from the postsecondary student data system available for vetted research and evaluation purposes approved by the Commissioner in a manner compatible with practices for disclosing National Center for Education Statistics restricted-use survey data as in effect on the day before the date of enactment of the College Affordability Act, or by applying other research and disclosure restrictions to ensure data privacy and security. Such process shall be approved by the National Center for Education Statistics’ Disclosure Review Board (or successor body).

“(ii) Providing data reports and queries to institutions and States

“(I) In general—The Commissioner shall provide feedback reports, at least annually, to each institution of higher education, each postsecondary education system that fully participates in the postsecondary student data system, and each State higher education body as designated by the governor.

“(II) Feedback reports—The feedback reports provided under this clause shall include program-level and institution-level information from the postsecondary student data system regarding students who are associated with the institution or, for State representatives, the institutions within that State, on or before the date of the report, on measures including student mobility and workforce outcomes, provided that the feedback aggregate summary reports protect the privacy of individuals.

“(III) Determination of content—The content of the feedback reports shall be determined by the Commissioner, in consultation with the Advisory Committee.

“(iii) Permitting State data queries—The Commissioner shall, in consultation with the Advisory Committee and as soon as practicable, create a process through which States may submit lists of secondary school graduates within the State to receive summary aggregate outcomes for those students who enrolled at an institution of higher education, including postsecondary enrollment and college completion, provided that those data protect the privacy of individuals and that the State data submitted to the Commissioner are not stored in the postsecondary education system.

“(iv) Regulations—The Commissioner shall promulgate regulations to ensure fair, secure, and equitable access to data reports and queries under this paragraph.

“(B) Disclosure limitations—In carrying out the public reporting and disclosure requirements of this subsection, the Commissioner shall use appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot include personally identifiable information or be used to identify specific individuals.

“(C) Sale of data prohibited—Data collected under this subsection, including the public-use data set and data comprising the summary aggregate information available under paragraph (4), shall not be sold to any third party by the Commissioner, including any institution of higher education or any other entity.

“(D) Limitation on use by other Federal agencies

“(i) In general—The Commissioner shall not allow any other Federal agency to use data collected under this subsection for any purpose except—

“(I) for vetted research and evaluation conducted by the other Federal agency, as described in subparagraph (A)(i); or

“(II) for a purpose explicitly authorized by this subsection.

“(ii) Prohibition on limitation of services—The Secretary, or the head of any other Federal agency, shall not use data collected under this subsection to limit services to students.

“(E) Law enforcement—Personally identifiable information collected under this subsection shall not be used for any Federal, State, or local law enforcement activity or any other activity that would result in adverse action against any student or a student's family, including debt collection activity or enforcement of immigration laws.

“(F) Limitation of use for Federal rankings or summative rating system—The comprehensive data collection and analysis necessary for the postsecondary student data system under this subsection shall not be used by the Secretary or any Federal entity to establish any Federal ranking system of institutions of higher education or a system that results in a summative Federal rating of institutions of higher education.

“(G) Rule of construction—Nothing in this paragraph shall be construed to prevent the use of individual categories of aggregate information to be used for accountability purposes.

changed “(H) Rule of construction regarding commercial use of data—Nothing in this paragraph shall be construed to prohibit third-party entities from using publicly available publicly-available information in this data system for commercial use.

“(6) Submission of data

“(A) Required submission—Each institution of higher education participating in a program under title IV, or the assigned agent of such institution, shall, in accordance with section 487(a)(17), collect, and submit to the Commissioner, the data requested by the Commissioner to carry out this subsection.

“(B) Voluntary submission—Any postsecondary institution not participating in a program under title IV may voluntarily participate in the postsecondary student data system under this subsection by collecting and submitting data to the Commissioner, as the Commissioner may request to carry out this subsection.

“(C) Personally identifiable information—In accordance with paragraph (2)(C)(i), if the submission of an element of student-level data is prohibited under paragraph (2)(F) (or otherwise prohibited by law), the institution of higher education shall submit that data to the Commissioner in the aggregate.

“(7) Unlawful willful disclosure

“(A) In general—It shall be unlawful for any person who obtains or has access to personally identifiable information in connection with the postsecondary student data system described in this subsection to willfully disclose to any person (except as authorized by Federal law) such personally identifiable information.

changed “(B) Penalty—Any person who violates subparagraph (A) shall be subject to a penalty described under section 513 of the Confidential Information Protection and Statistical Efficiency Act 3572(f) of 2002 (44 U.S.C. 3501 note) title 44, United States Code and section 183(d)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9573(d)(6)).

“(C) Employee of officer of the United States—If a violation of subparagraph (A) is committed by any officer or employee of the United States, the officer or employee shall be dismissed from office or discharged from employment upon conviction for the violation.

“(8) Data security—The Commissioner shall produce and update as needed guidance and regulations relating to privacy, security, and access which shall govern the use and disclosure of data collected in connection with the activities authorized in this subsection. The guidance and regulations developed and reviewed shall protect data from unauthorized access, use, and disclosure, and shall include—

“(A) an audit capability, including mandatory and regularly conducted audits;

“(B) access controls;

“(C) requirements to ensure sufficient data security, quality, validity, and reliability;

“(D) student confidentiality protection in accordance with the Confidential Information Protection and Statistical Efficiency Act;

“(E) appropriate and applicable privacy and security protection, including data retention and destruction protocols and data minimization, in accordance with the most recent Federal standards developed by the National Institute of Standards and Technology; and

“(F) protocols for managing a breach, including breach notifications, in accordance with the standards of National Center for Education Statistics.

“(9) Data collection—The Commissioner shall ensure that data collection, maintenance, and use under this subsection complies with section 552a of title 5, United States Code.

“(10) Definitions—In this subsection:

“(A) Institution of higher education—The term institution of higher education has the meaning given the term in section 102.

“(B) Personally identifiable information—The term personally identifiable information has the meaning given the term in section 444 of the General Education Provisions Act (20 U.S.C. 1232g).”

changed Section 133 132 of the Higher Education Act of 1965 (20 9 U.S.C. 1015b) 1015a), as amended by sections 1022 and 1023, is amended—further amended by adding at the end the following:

added “(o) Non-instructional spending increases—The Secretary shall ensure, as part of the data collection and reporting under this section, that institutions of higher education with respect to which the amount expended by the institution for non-instructional spending increases by more than 5 percent (using year-over-year data) disclose such increase to students and prospective students, along with an analysis of the expected impact on tuition.”

changed Sections 134 and 136 Section 133 of the Higher Education Act of 1965 (20 U.S.C. 1015c) are repealed.1015b) is amended—

changed Section 135 Sections 134 and 136 of the Higher Education Act of 1965 (20 U.S.C. 1015d) is amended—1015c) are repealed.

removed “(a) Requirement

removed “(1) Armed forces—In the case”

removed “(2) Homeless youth and foster care youth—In the case of a homeless youth or a foster care youth, such State shall not charge such individual 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.”

removed “(c) Effective date

removed “(1) Armed forces—With respect to an individual described in subsection (a)(1), this section shall remain in effect as it was in effect on the day before the date of enactment of the College Affordability Act.

removed “(2) Homeless youth and foster care youth—With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the date of enactment of the College Affordability Act.

removed “(d) Definitions—In this section:

removed “(1) Armed forces—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, United States Code.

removed “(2) Homeless youth—The term homeless youth has the meaning given the term homeless children and youths in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).”

Section 141 of the Higher Education Act of 1965 (20 U.S.C. 1018) is amended—

“(2) Purposes—The purposes of the PBO are as follows:

“(A) To prioritize students and borrowers in the decision-making processes related to all aspects of the management and administration of the Federal student financial assistance programs authorized under title IV.

“(B) To improve service to students and other participants in the Federal student financial assistance programs authorized under title IV.

“(C) To make such programs more understandable to students and their families.

“(D) To increase the efficiency and effectiveness of such programs for students and their families.

“(E) To manage the costs of administering such programs.

“(F) To increase the accountability of the officials responsible for administering the operational aspects of such programs.

“(G) To oversee institutions, contractors, and third party servicers that participate in the Federal student financial assistance programs authorized under title IV.

“(H) To provide greater flexibility in the management and administration of such programs.

“(I) To implement open, common, integrated systems for the delivery of Federal student financial assistance programs authorized under title IV.

“(J) To develop and maintain a student financial assistance system that contains complete, accurate, and timely data to ensure program integrity.

“(K) To increase transparency in the operations and outcomes of Federal student financial assistance programs authorized under title IV.”

“(B) implement oversight and accountability measures to ensure that the PBO carries out its duties under this section efficiently, effectively, and in a manner that accomplishes the purposes specified in subsection (a)(2);”

“(ii) in accordance with paragraph (3), the collection, publication, and sharing of aggregate and longitudinal data that may be used to evaluate Federal student financial assistance programs authorized under title IV, including the outcomes such programs achieve;”

added “(C) Taking action to prevent and address the improper use of access devices, as described in section 485B(d)(7), including by—

added “(i) detecting common patterns of improper use of any system that processes payments on Federal Direct Loans or other Department information technology systems;

added “(ii) maintaining a reporting system for contractors involved in the processing of payments on Federal Direct Loans in order to allow those contractors to alert the Secretary of potentially improper use of Department information technology systems;

added “(iii) proactively contacting Federal student loan borrowers whose Federal student loan accounts demonstrate a likelihood of improper use in order to warn those borrowers of suspicious activity or potential fraud regarding their Federal student loan accounts; and

added “(iv) providing clear and simple disclosures in communications with borrowers who are applying for or requesting assistance with Federal Direct Loan programs (including assistance or applications regarding income-driven repayment, forbearance, deferment, consolidation, rehabilitation, cancellation, and forgiveness) to ensure that borrowers are aware that the Department will never require borrowers to pay for such assistance or applications.”

“(3) Collection, sharing, and publication of data

“(A) Collection—The PBO shall collect student-level data that shall be used to evaluate Federal student financial assistance programs authorized under title IV.

“(B) Sharing with nces—The PBO shall make the data collected under subparagraph (A) available to the Commissioner of the National Center for Education Statistics for purposes of research and policy analysis.

“(C) Research—The Commissioner of the National Center for Education Statistics shall ensure the data shared under subparagraph (B) is made available, with direct identifiers removed and with appropriate restrictions to ensure data privacy and security, for vetted research and evaluation purposes in a manner consistent with the process under section 132(l)(5)(A)(i).

changed “(D) PublicationPublication—Not less frequently than once annually, the PBO shall—

changed “(i) In general—Not less frequently than once annually, and subject to clause (ii), the PBO shall make aggregate the data collected under subparagraph (A) available on a publicly accessible website of the Department of Education in a format manner that enables members of the public to easily retrieve, sort, and analyze the data.excludes—

removed “(ii) Privacy protections—The data made available under clause (i) shall not include—

“(I) student-level data; or

added “(II) any data that would reveal personally identifiable information about an individual student; and

changed “(II) any “(ii) make available such aggregated data on a publicly accessible website of the Department in a format that would reveal personally identifiable information about an individual student.”enables members of the public to easily retrieve, sort, and analyze the data.”

“(c) Performance plan, report, and briefing

“(1) Performance plan

“(A) In general—Not later than one year after the date of the enactment of the College Affordability Act, and not less than once every five years thereafter, the Secretary and Chief Operating Officer shall agree on a performance plan for the PBO for the succeeding 5 years that—

“(i) establishes measurable quantitative and qualitative goals and objectives for the organization; and

“(ii) aligns such goals and objectives with the purposes specified in subsection (a)(2).

“(B) Consultation—In developing the five-year performance plan and any revision to the plan, the Secretary and the Chief Operating Officer shall consult with students, institutions, Congress, contractors, the Borrower Advocate, student aid experts, including consumer advocacy and research groups, the Director of the Bureau of Consumer Financial Protection, State attorneys general, and other relevant parties.

“(C) Revisions—The Secretary and Chief Operating Officer may annually update the plan under paragraph (1) to incorporate the recommendations made pursuant to the consultation required under subparagraph (B) that are accepted by the Secretary and the Chief Operating Officer.

“(D) Areas—The plan developed under subparagraph (A) shall address the responsibilities of the PBO in the following areas:

“(i) Improving service to students and other participants in the Federal student financial assistance programs authorized under title IV, including making those programs more understandable and accessible to students and their families.

“(ii) Managing the costs and increasing the efficiency of such programs.

“(iii) Improving, integrating, and investing in the systems that support such programs.

“(iv) Developing open, common, and integrated systems for such programs.

“(v) The collection, publication, and sharing of data on such programs as described in subsection (b)(3).

“(vi) Improving performance standards and outcomes with respect to institutions, contractors, and third party servicers that act as agents of the Department or as agents of institutions that participate in such programs.

“(vii) Any other areas identified by the Secretary.

“(E) Public availability—Each plan developed under subparagraph (A) shall be made available on a publicly accessible website of the Department of Education.

“(2) Annual report

“(A) Report required—Not later than one year after the date of the enactment of the College Affordability Act and annually thereafter, the Secretary, acting through the Chief Operating Officer, shall submit to Congress an annual report on the performance of the PBO.

“(B) Contents—The annual report shall include the following:

“(i) An evaluation of the extent to which the PBO met the goals and objectives contained in the five-year performance plan described in paragraph (1) for the preceding year.

“(ii) A summary of the consultation process under paragraph (1)(B) for the preceding year, including the recommendations that were accepted or denied by the Chief Operating Officer during such year, and the rationale for accepting or denying such recommendations.

“(iii) An independent financial audit of the expenditures of both the PBO and the programs administered by the PBO.

“(iv) A summary of the actions taken by the PBO to address—

“(I) the findings of the audit described in clause (iii); and

“(II) consumer feedback.

“(v) Financial and performance requirements applicable to the PBO under—

“(I) the Chief Financial Officers Act of 1990 (Public Law 101–576); or

“(II) the Government Performance and Results Act of 1993 (Public Law 103–62).

“(vi) The results achieved by the PBO during the preceding year and whether such results met the goals specified in the performance plan under paragraph (1).

“(vii) With respect to the preceding year, the evaluation rating of the performance of the Chief Operating Officer and senior managers under subsections (d)(5) and (e)(2), including the amounts of bonus compensation awarded to the Chief Operating Officer and senior managers.

“(viii) Recommendations for legislative and regulatory changes to improve service to students and their families, and to improve the efficiency and integrity of Federal student financial assistance programs authorized under title IV.

“(ix) Financial statements that provide a rationale for appropriately funding the activities of the PBO.

“(x) A summary of the management and compliance of contractors managed by the PBO in the preceding year, including corrective actions taken by the PBO with respect to such contractors.

“(xi) A description of how the PBO used the authority under paragraph (5) of subsection (b) for making personnel and procurement decisions in the preceding year, including the number of individuals hired through such authority and the bonuses provided to staff during such year.

“(xii) A summary of the oversight activities of institutions, contractors, and third party servicers that participate in the Federal student financial assistance programs authorized under title IV including—

“(I) fines levied on such institutions, contractors, and third party servicers, disaggregated by entity;

“(II) instances of fraud or misrepresentation by such institutions, contractors, or third party servicers; and

“(III) violations of provisions in this Act by such institutions, contractors, or third party servicers disaggregated by entity and type of violation.

“(xiii) A summary of any improvements made with respect to transparency and any new types of data made available in the preceding year.

“(xiv) A description of the progress made in the preceding year towards the specific measurable organization and individual goals specified in subsection (d)(5)(A).

“(xv) The report submitted to the Secretary under subsection (f)(7).

“(xvi) Other such information as the Director of the Office of Management and Budget shall prescribe for performance based organizations.

“(3) Consultation with stakeholders—The Chief Operating Officer, in preparing the annual report described in paragraph (2), shall establish appropriate means to consult with students, borrowers, institutions, student aid experts, including consumer advocacy and research groups, the Director of the Bureau of Consumer Financial Protection, and others involved in the delivery and evaluation of student aid under title IV—

“(A) regarding the degree of satisfaction with the delivery system; and

“(B) to seek suggestions on means to improve the performance of the delivery system.

“(4) Briefing on enforcement of program integrity—The Secretary shall, at the request of the authorizing committees, provide to the authorizing committees a briefing on the steps the Department of Education has taken to ensure—

“(A) the experiences of students and borrowers are accounted for in decision making; and

“(B) that contractors, lenders, and guaranty agencies and third party servicers are adhering to the requirements of title IV, the terms of any contract with the Secretary, consumer protection laws, Federal regulations and guidelines, and directives of the PBO.

“(5) Coordination with the director of the bureau of consumer financial protection—Not later than 180 days after the date of the enactment of the College Affordability Act, the Secretary shall enter into a memorandum of understanding with the Private Education Loan Ombudsman in accordance with section 1035(c)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5535(c)(2)).”

“(2) Restrictions

“(A) Preservice and in-service restrictions—An individual may not serve as the Chief Operating Officer if such individual—

“(i) is employed by, or has a financial interest in, an entity that contracts with the PBO; or

“(ii) was employed by, or had a financial interest in, any such entity in any of the five years preceding the date of the individual’s appointment as the Chief Operating Officer.

“(B) Postservice restrictions—An individual who served as the Chief Operating Officer may not accept employment with an entity that contracts with the PBO until a period of five years has elapsed following the date on which such individual’s service as the Chief Operating Officer terminated.”

“(B) Bonus authorized—The Secretary may pay to the Chief Operating Officer a bonus in an amount that does not exceed 50 percent of such annual rate of basic pay. The decision to pay such a bonus, and the amount of the bonus, shall be based solely on the Secretary’s evaluation of the performance of the Chief Operating Officer with respect to the goals set forth in the performance agreement as described in paragraph (5)(A).”

“(f) Borrower advocate

“(1) In general—There is established in the PBO an “Office of the Borrower Advocate” (referred to in this subsection as the “Office”). The function of the Office shall be to provide timely assistance to borrowers of loans made, insured, or guaranteed under title IV by performing the duties described in paragraph (6).

“(2) Head of office—There shall be an official known as the “Borrower Advocate” who shall serve as the head of the Office. The Borrower Advocate shall be appointed by the Secretary from among individuals who have worked closely with the Federal student loan programs authorized under title IV.

“(3) Removal—The Borrower Advocate may be removed only by the Secretary who shall communicate the reasons for any such removal to the authorizing committees.

“(4) Restrictions

“(A) Preservice and in-service restrictions—An individual may not serve as the Borrower Advocate if such individual—

“(i) is employed by, or has a financial interest in, an entity that contracts with the PBO; or

“(ii) was employed by, or had a financial interest in, any such entity in any of the five years preceding the date of the individual’s appointment as the Borrower Advocate.

“(B) Postservice restrictions—An individual who served as the Borrower Advocate may not accept employment with an entity that contracts with the PBO until a period of five years has elapsed following the date on which such individual’s service as the Borrower Advocate terminated.

“(5) Staff—The Office shall be staffed sufficiently to carry out the responsibilities of the Office under this subsection.

“(6) Duties of the borrower advocate—The Office of the Borrower Advocate shall—

“(A) assist borrowers of loans made, insured, or guaranteed under title IV in resolving problems with the PBO and its contractors or other agents, including by—

“(i) receiving and reviewing complaints of such problems from borrowers;

“(ii) working to resolve such complaints in a manner that is in the best interests of borrowers; and

“(iii) transmitting such complaints to States and recognized accrediting agencies or associations, as appropriate.

“(B) attempt to resolve complaints within the Department of Education and with institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in the Federal student loan programs authorized under title IV in a manner that will improve the experience of the borrower;

“(C) conduct impartial reviews regarding a student’s independence under subparagraph (B) or (H) of section 480(d)(1), in consultation with knowledgeable parties, including institutions of higher education, child welfare agencies, local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432);

“(D) compile and analyze data on borrower complaints and share such data with the Director of the Bureau of Consumer Financial Protection;

“(E) publish, with any personally identifiable information redacted, such complaints and responses of the Secretary to such complaints on the website of the Department; and

“(F) make appropriate recommendations to Congress, the Chief Operating Officer, and Secretary with respect to Federal student loan programs authorized under title IV and the experiences of borrowers in repayment of loans under such programs.

“(7) Public information—The Chief Operating Officer shall establish and maintain a public page on the website of the Department of Education exclusively to provide members of the public with information about the role of the PBO with respect to the oversight of institutions of higher education, lenders, guaranty agencies, contractors that contract with the PBO, subcontractors of such contractors, and third party servicers.

“(8) Report—On an annual basis, the Borrower Advocate shall submit to the Chief Operating Officer a report on the activities of the Office during the preceding year that—

“(A) identifies the activities carried out by the Borrower Advocate;

“(B) summarizes the complaints received from borrowers, including the number of such complaints, and explains the activities undertaken by the PBO to address such complaints;

“(C) proposes changes in the administrative practices of the PBO to mitigate problems experienced by borrowers; and

“(D) identifies potential legislative changes which may be appropriate to mitigate such problems.”

“(i) Enforcement unit

“(1) In general—Not later than 180 days after the date of enactment of the College Affordability Act, the Secretary shall establish within the PBO an enforcement unit (referred to in this section as the “Unit”) to review and investigate violations of this Act and recommend enforcement actions in accordance with paragraph (3).

“(2) Chief enforcement officer

“(A) Appointment—The Secretary shall appoint an official to be known as the “Chief Enforcement Officer” who shall serve as the head of the Unit. The Secretary shall appoint an individual to serve as the Chief Enforcement Officer solely on the basis of such individual’s integrity and expertise in law and investigations and without regard to such individual’s political affiliation.

“(B) Authority—The Chief Enforcement Officer shall report directly to the Secretary without being required to report through any other official of the Department of Education.

“(C) Term—The Chief Enforcement Officer shall be appointed for a term of 6 years and may be reappointed for additional terms of 6 years at the discretion of the Secretary.

“(D) Removal

“(i) In general—The Chief Enforcement Officer may not be removed during the Officer’s term except for cause.

“(ii) Notice to congress—If the Secretary removes the Chief Enforcement Officer before the expiration of the Officer’s term, the Secretary shall submit to the authorizing committees a report that explains the reasons for such removal. The report shall be submitted to the authorizing committees not later than 30 days after the date on which the removal takes effect.

“(3) Duties—The Chief Enforcement Officer shall have the following duties:

“(A) Receive, process, and analyze allegations that a covered entity has violated Federal law or has engaged in unfair, deceptive, or abusive practices.

“(B) Review and investigate such allegations or refer such allegations to an entity described in subparagraphs (A) through (E) of paragraph (6).

“(C) After reviewing and investigating an allegation under subparagraph (B), in consultation with the Chief Operating Officer—

“(i) if the covered entity subject to such allegation is an entity described in clause (i) or (iii) of paragraph (8)(A), make recommendations with respect to such covered entity, including—

“(I) whether such covered entity should be limited, suspended, or terminated from participation in one or more programs under title IV;

“(II) whether such covered entity should be subject to an emergency action under section 487(c)(1)(G);

“(III) whether such covered entity should be subject to a civil penalty described in section 487(c)(3)(B);

“(IV) whether such covered entity should be subject to a criminal penalty described in section 490; or

“(V) whether such covered entity should be subject to a combination of any of the actions described in subclauses (I) though (IV);

“(ii) if the covered entity subject to such allegation is an entity described in clause (ii) of paragraph (8)(A), make recommendations with respect to such covered entity, including whether such covered entity should be limited, suspended, or terminated from administering or providing services with respect to one or more programs under title IV; and

“(iii) provide the Secretary with such recommendations.

“(4) Secretarial review and action—After receiving notice of a determination of the Chief Enforcement Officer under paragraph (3)(C), the Secretary shall decide whether or not to pursue enforcement action against the entity concerned, in accordance with the procedures established under section 487(c)(3). In a case in which the Chief Enforcement Officer recommends enforcement action against an entity, but the Secretary decides not to pursue such enforcement action, the Secretary shall notify the Chief Enforcement Officer, in writing, of the rationale for such decision.

“(5) Coordination and staffing—The Chief Enforcement Officer shall—

“(A) coordinate with relevant Federal and State agencies and oversight bodies; and

“(B) hire staff with the expertise necessary to conduct investigations, respond to allegations against covered entities, and enforce compliance with laws governing Federal student financial assistance programs under title IV.

“(6) Information sharing—The Chief Enforcement Officer shall develop and implement a process for sharing relevant information about allegations against covered entities with—

“(A) the Borrower Advocate appointed under subsection (f);

changed “(B) personnel of the Department on responsible for processing borrower defense claims submitted under section 493H;

“(C) other relevant Federal agencies;

“(D) States, including State law enforcement and regulatory agencies; and

“(E) recognized accrediting agencies or associations.

“(7) Report to congress—On an annual basis, the Chief Enforcement Officer shall submit to the authorizing committees a report that includes—

“(A) the number of allegations about covered entities received by Unit in the year covered by the report;

“(B) the number of such allegations investigated by the Unit;

“(C) the number of such allegations that were referred to the Secretary under paragraph (3)(C) and a summary of any action taken by the Secretary with respect to such allegations;

“(D) the number of such allegations that were referred to other Federal agencies and the names of the agencies to which the allegations were referred; and

“(E) the number of such allegations that remain under review or investigation as of the date of the report.

“(8) Definitions—In this subsection:

“(A) Covered entity—In this subsection, the term covered entity means—

“(i) an institution of higher education (as defined in section 102) that participates in the Federal student financial assistance programs authorized under title IV;

“(ii) a contractor that contracts with the PBO to provide services relating to such programs, or a subcontractor of such contractor; or

“(iii) a third party servicer.

“(B) Third party servicer—the term third party servicer has the meaning given that term in section 481(c).”

Section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021) is amended to read as follows:

“200. Definitions

“Except as otherwise provided, in this title:

“(1) Arts and sciences—The term arts and sciences means—

“(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 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) Blended learning—The term blended learning has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112).

“(3) Children from low-income families—The term children from low-income families means children described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)).

“(4) Comprehensive literacy instruction—The term comprehensive literacy instruction has the meaning given the term in section 2221(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(1)).

“(5) Digital learning—The term digital learning has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112).

“(6) Diverse teacher candidates—The term diverse teacher candidates means teacher candidates who are—

“(A) members of racial and ethnic groups underrepresented in the teaching profession; or

“(B) linguistically and culturally prepared to educate students in high-need schools.

“(7) Early childhood educator—The term early childhood educator means an individual with primary responsibility for the education of children in an early childhood education program.

“(8) Educational service agency—The term educational service agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(9) Educator—The term educator means a teacher, principal or other school leader, specialized instructional support personnel, or other staff member who provides or directly supports instruction, such as a school librarian, counselor, or paraprofessional.

“(10) Eligible partnership—The term eligible partnership means an entity—

“(A) that—

“(i) shall include—

“(I) a high-need local educational agency;

“(II)

“(aa) a high-need school or a consortium of high-need schools served by such high-need local educational agency; or

“(bb) 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 title; and

“(V) a school or department of arts and sciences within such partner institution; or

“(ii) shall include—

“(I)

“(aa) a partner education institution;

“(bb) 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 title; or

“(cc) a school or department of arts and sciences within such partner institution; and

“(II) a State educational agency that will serve to place graduates of partnership programs into high-need local educational agencies, schools, or early childhood programs, or schools that have been identified for comprehensive support and improvement under section 1111(d)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d)(2)); and

“(B) that 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 public or private nonprofit educational organization.

“(vi) An educational service agency.

“(vii) A public school teacher, principal, or school leader organization.

“(viii) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership.

“(ix) A charter school (as defined in section 4310 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i)).

“(x) A school or department within the partner institution that focuses on psychology and human development.

“(xi) A school or department within the partner institution for teacher or school leader preparation with comparable expertise in the disciplines of teaching, learning, and child and adolescent development.

“(xii) An entity operating a program that provides alternative routes to State certification of teachers or principals.

“(11) English learner—The term English learner has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(12) Evidence-based—The term evidence-based has the meaning given the term in subclauses (I) and (II) of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)).

“(13) Evidence of student learning—The term evidence of student learning means multiple measures of student learning that include the following:

“(A) Valid and reliable student assessment data, which may include data—

“(i) on student learning gains on statewide academic assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965;

“(ii) from student academic achievement assessments used at the national, State, or local levels, where available and appropriate for the curriculum and students taught;

“(iii) from classroom-based summative assessments; and

“(iv) from high quality validated performance-based assessments that are aligned with challenging State academic standards adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)).

“(B) Not less than one of the following additional measures:

“(i) Student work, including measures of performance criteria and evidence of student growth.

“(ii) Teacher-generated information about student goals and growth.

“(iii) Parental feedback about student goals and growth.

“(iv) Student feedback about learning and teaching supports.

“(v) Assessments of affective engagement and self-efficacy.

“(vi) Other appropriate measures, as determined by the State.

“(14) Foster care

“(A) In general—The term foster care means 24-hour substitute care for a child placed away from the child’s parents or guardians and for whom the State agency has placement and care responsibility. The term includes care through a placement in a foster family home, a foster home of a relative, a group home, an emergency shelter, a residential facility, a child care institution, or a pre-adoptive home.

“(B) Rule—A child shall be considered to be in foster care under subparagraph (A) without regard to whether—

“(i) the foster care facility is licensed and payments are made by the State or local agency for the care of the child;

“(ii) adoption subsidy payments are being made prior to the finalization of an adoption; or

“(iii) Federal matching funds for any payments described in clause (i) or (ii) are being made.

“(15) High-need early childhood education program—The term high-need early childhood education program means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency.

“(16) High-need local educational agency—The term high-need local educational agency means a local educational agency—

“(A)

“(i) that serves not fewer than 10,000 low-income children;

“(ii) for which not less than 40 percent of the children served by the agency are low-income children;

“(iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 5211(b) of the Elementary and Secondary Education Act of 1965 or the Rural and Low-Income School Program under section 6221(b) of such Act; or

“(iv) that has a percentage of low-income children that is in the highest quartile among such agencies in the State; and

“(B)

changed “(i) for which one or more a significant number of schools served by the agency is identified by the State for comprehensive supports and interventions under section 1111(c)(4)(D)(i) of the Elementary and Secondary Education Act of 1965; or

changed “(ii) for which one or more a significant number of schools served by the agency has a high teacher turnover rate or is experiencing a teacher shortage in a high-needs field, as determined by the State.

“(17) High-need school

“(A) In general—The term high-need school means a school that, based on the most recent data available, is—

“(i) an elementary school, in which not less than 60 percent of students are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act;

“(ii) any other school that is not an elementary school, in which not less than 45 percent of students are 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.); or

“(iii) identified for comprehensive support and improvement under section 1111(c)(4)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(4)(D)), targeted support and improvement under section 1111(d)(2) of such Act (20 U.S.C. 6311(d)(2)), or additional targeted support under section 1111(d)(2)(C) of such Act (20 U.S.C. 6311(d)(2)(C)).

“(B) Special rule

“(i) Designation by the Secretary—The Secretary may, upon approval of an application submitted by an eligible partnership seeking a grant under this title, 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 title. 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) Application requirements—An application for designation of a school under clause (i) shall include—

“(I) the number and percentage of students attending such school who are—

“(aa) aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary;

“(bb) eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act;

“(cc) in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or

“(dd) eligible to receive medical assistance under the Medicaid program;

“(II) information about the student academic achievement of students at such school; and

“(III) for a secondary school, the four-year adjusted cohort graduation rate for such school.

“(18) Highly competent—The term highly competent, when used with respect to an early childhood educator, means an early childhood educator—

“(A) with specialized education and training in development and education of young children from birth until entry into kindergarten or a specialization in infants and toddlers or pre-school children;

“(B) with a baccalaureate degree in an academic major in an early childhood or related field; 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.

“(19) Homeless child—The term homeless child means an individual who is a homeless child or youth under section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).

“(20) Induction program—The term induction program means a formalized program for new teachers, principals, or school leaders, during not less than the teachers’, principals, or school leaders’ first 2 years of, respectively, teaching or leading, that is designed to provide support for, and improve the professional performance and increase the retention in the education field of, beginning teachers, principals, or school leaders. Such program shall promote effective teaching or leadership skills and shall include the following components:

“(A) High-quality and structured teacher or school leader mentoring led by a trained and expert mentor who has demonstrated high skill and effectiveness and who teaches or leads, or has taught or led, in the same or similar field, grade, or subject as the mentee.

“(B) Periodic, structured time for collaboration, including with mentors, as well as time for information-sharing among teachers, principals, other school leaders and administrators, other appropriate instructional staff, and participating faculty or program staff in the partner institution.

“(C) The application of evidence-based instructional practices.

“(D) Opportunities for new teachers, principals, or school leaders to draw directly on the expertise of mentors, faculty or program staff, and researchers, including through mentor observation and feedback, to support the integration of evidence-based research and practice.

“(E) The development of skills in evidence-based instructional and behavioral supports and interventions.

changed “(F) Faculty Programs to support the health and well-being of teachers, particularly in high-need schools or program staff who—high-need local educational agencies. These may include programs that focus on social emotional learning, organizational interventions, workplace wellness, and stress management.

added “(G) Faculty or program staff who—

“(i) model the integration of research and practice in the classroom and school; and

removed “(ii) as appropriate, assist new teachers or school leaders with the effective use and integration of educational technology and the principles of universal design for learning into the classroom or school.

changed “(G) Interdisciplinary collaboration among teacher leaders or school leaders, faculty or program staff, researchers, and other staff who prepare “(ii) assist new teachers or school leaders with respect to, as applicable, the effective use and integration of educational and accessible technology and universal design for learning process, into the assessment of learning, classroom or the leadership of a school.

changed “(H) As applicable to the role, assistance Interdisciplinary collaboration among teacher leaders or school leaders, faculty or program staff, researchers, and other staff who prepare new teachers or school leaders with understanding of respect to, as applicable, the effective use learning process, the assessment of data, particularly student achievement data, and learning, or the applicability leadership of such data to inform and improve classroom instruction and school leadership.a school.

changed “(I) Regular and structured observation and evaluation As applicable to the role, assistance with understanding of new teachers, principals, or other school leaders that are based in part on evidence the effective use of data, particularly student learning, shall include multiple measures achievement data, and the applicability of educator performance, such data to inform and shall provide clear, timely, improve classroom instruction and useful feedback to teachers, principals, or other school leaders to be used to improve instruction, as applicable.leadership.

changed “(J) With respect to a principal induction program, the development Regular and structured observation and evaluation of local-educational-agency-wide systems such as rigorous leader standards, continuous ongoing identification new teachers, principals, or other school leaders that are based in part on evidence of goals for improvement, student learning, shall include multiple measures of educator performance, and support for achieving those goals.shall provide clear, timely, and useful feedback to teachers, principals, or other school leaders to be used to improve instruction, as applicable.

changed “(K) The development of skills in improving the school culture and climate related With respect to school leadership and a principal induction program, the role development of the principal, including to—local-educational-agency-wide systems such as rigorous leader standards, continuous ongoing identification of goals for improvement, and support for achieving those goals.

added “(L) The development of skills in improving the school culture and climate related to school leadership and the role of the principal, including to—

“(i) nurture teacher and staff development to strengthen classroom practice;

removed “(ii) build and sustain an inclusive culture of learning among adults and children;

changed “(iii) strengthen communications “(ii) support teacher health and relationships with teachers, parents, caregivers, paraprofessionals, well-being, including through programs that focus on social emotional learning, organizational interventions, workplace wellness, and community stakeholders;stress management;

changed “(iv) facilitate the sharing of knowledge, insight, and best practices in the community served by the school, preschool program, or early childhood education program, including with youth serving programs (such as before- “(iii) build and after-school sustain an inclusive culture of learning among adults and summer programs); andchildren;

changed “(v) build relationships “(iv) strengthen communications and communicate effectively relationships with State teachers, parents, caregivers, paraprofessionals, and local educational agency officials.community stakeholders;

added “(v) facilitate the sharing of knowledge, insight, and best practices in the community served by the school, preschool program, or early childhood education program, including with youth serving programs (such as before- and after-school and summer programs); and

added “(vi) build relationships and communicate effectively with State and local educational agency officials.

“(21) Infant or toddler with a disability—The term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432).

“(22) Mentoring—The term mentoring means the mentoring or coaching of new or prospective teachers, principals, or school leaders through a program that—

“(A) includes clear criteria for the selection of teacher, principal, or school leader mentors who may be program staff and who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher or school leader effectiveness;

“(B) provides high-quality training for such mentors, including instructional strategies for culturally relevant teaching practices, literacy instruction and classroom management (including approaches that improve the schoolwide climate for learning, create inclusive classroom environments, and address the social and emotional needs of students, which may include positive behavioral interventions and supports);

“(C) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching or leading methods in classroom or school 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;

“(E) for teachers, provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee;

“(F) for teachers, promotes empirically-based practice of, and evidence-based research on, where applicable—

“(i) teaching and learning;

“(ii) assessment of student learning;

added “(iii) the development of teaching skills through the use of instructional and behavioral interventions, including trauma-informed practices; and

removed “(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) as applicable, joint professional development opportunities.

added “(23) Parent—The term parent has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

removed “(23) Parent—The term parent has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.

“(24) Partner institution—The term partner institution means an institution of higher education, which may include a 2-year institution of higher education offering a dual program with a 4-year institution of higher education, participating in an eligible partnership that has a teacher or school leader preparation program that is accredited by the State—

“(A) in the case of a teacher preparation program—

“(i) 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) that is not designated as a low-performing teacher preparation program in the State as determined by the State—

“(aa) using criteria consistent with the requirements for the State assessment under section 207(a) before the first publication of such report card; and

“(bb) using the State assessment required under section 207(a), after the first publication of such report card and for every year thereafter; and

“(ii) 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;

added “(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 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C)); and

removed “(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 612(a)(14)(C) of the Individuals with Disabilities Education Act; and

“(III) each student in the program preparing to become an early childhood educator to become highly competent; and

“(B) in the case of a school leader preparation program—

“(i) whose graduates exhibit a strong record of successful school leadership as demonstrated by—

“(I) a high percentage of such graduates taking positions as assistant principals and principals within 3 years of completing the program; and

“(II) a high percentage of such graduates rated effective or above in State school leader evaluation and support systems (as described in section 2101(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965) or, if no such ratings are available, other, comparable indicators of performance; and

added “(ii) that requires each student in the program to participate in an intensive, high-quality clinical experience in an authentic setting (including by assuming substantial leadership responsibilities) for at least one full academic semester (or the equivalent) in which the student can be evaluated on leadership skills and the student’s effect on student learning as part of program completion.

added “(25) Professional development—The term professional development has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

removed “(ii) that requires each student in the program to participate in intensive clinical experience in an authentic setting (including by assuming substantial leadership responsibilities) in which the student can be evaluated on leadership skills and the student’s effect on student outcomes as part of program completion.

removed “(25) Professional development—The term professional development has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.

“(26) Profession-ready—The term profession-ready—

“(A) when used with respect to a principal or other school leader, means a principal or other school leader who—

“(i) has an advanced degree, or other appropriate credential;

“(ii) has completed a principal or other school leader preparation process and is fully certified and licensed by the State in which the principal or other school leader is employed;

“(iii) has demonstrated instructional leadership, including the ability to collect, analyze, and utilize data on evidence of student learning and evidence of classroom practice;

“(iv) has demonstrated proficiency in professionally recognized leadership standards, such as through—

“(I) a performance assessment;

“(II) completion of a residency program; or

“(III) other measures of leadership effectiveness, as determined by the State; and

added “(v) has demonstrated the ability to work with students with disabilities and students who are culturally and linguistically diverse;

removed “(v) has demonstrated the ability to work with students who are culturally and linguistically diverse;

“(B) when used with respect to a teacher, means a teacher who—

“(i) has completed a teacher preparation program and is fully certified and licensed to teach by the State in which the teacher is employed;

“(ii) has a baccalaureate degree or higher;

“(iii) has demonstrated content knowledge in the subject or subjects the teacher teaches;

added “(iv) has demonstrated the ability to work with students with disabilities and students who are culturally and linguistically diverse;

removed “(iv) has demonstrated the ability to work with students who are culturally and linguistically diverse;

“(v) has demonstrated teaching skills, such as through—

“(I) a teacher performance assessment; or

“(II) other measures of teaching skills, as determined by the State; and

added “(vi) has demonstrated proficiency with the use of educational and accessible technology; and

removed “(vi) has demonstrated proficiency with the use of educational technology; and

“(C) when used with respect to any other educator not described in subparagraph (A) or (B), means an educator who has completed an appropriate preparation program and is fully certified or licensed by the State in which the educator is employed.

added “(27) Residency program—The term residency program means a school-based educator preparation program, based on models of effective teaching and leadership residencies, in which a prospective teacher, principal, or other school leader—

removed “(27) Residency program—The term residency program means a school-based educator preparation program in which a prospective teacher, principal, or other school leader—

“(A) for 1 academic year, works alongside a mentor teacher, principal, or other school leader who is—

“(i) the educator of record; and

“(ii) is rated as effective or above in the State’s school leader evaluation and support system (as described in section 2101(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6611(c)(4)(B)(ii))) or, if no such ratings are available, other, on comparable indicators of performance;

added “(B) receives concurrent, aligned instruction during the year described in subparagraph (A) from the partner institution, which may be courses taught by local educational agency personnel or residency program faculty, in, as applicable—

removed “(B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which may be courses taught by local educational agency personnel or residency program faculty, in, as applicable—

“(i) the teaching of the content area in which the teacher will become certified or licensed;

added “(ii) pedagogical practices, including the teaching skills defined in paragraph (33); and

removed “(ii) pedagogical practices; and

“(iii) leadership, management, organizational, and instructional skills necessary to serve as a principal or other school leader;

removed “(C) acquires effective teaching or leadership skills; and

removed “(D) prior to completion of the program, attains full State teacher, principal, or school leader certification or licensure, and becomes profession-ready.

changed “(28) School leader—The term school leader has the meaning given “(C) acquires effective teaching or leadership skills through the term in section 8101 integration of the Elementary pedagogy, classroom or school practice, and Secondary Education Act of 1965.teacher or leadership mentoring; and

added “(D) prior to completion of the program—

added “(i) demonstrates the prerequisite skills to advance student learning, which may be measured by a teacher or school leader performance assessment;

added “(ii) attains full State teacher, principal, or school leader certification or licensure;

added “(iii) with respect to special education teachers, meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C)); and

added “(iv) becomes profession-ready.

added “(28) School leader—The term school leader has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(29) School leader preparation entity—The term school leader preparation entity means an institution of higher education or a nonprofit organization, including those institutions or organizations that provide alternative routes to certification, that is approved by the State to prepare school leaders to be effective.

“(30) School leader preparation program—The term school leader preparation program means a program offered by a school leader preparation entity, whether a traditional or alternative route, that is approved by the State to prepare school leaders to be effective and that leads to a specific State certification to be a school leader.

“(31) School leader skills—The term school leader skills refers to evidenced-based competencies for principals and other school leaders such as—

“(A) shaping a vision of academic success for all students;

“(B) creating a safe and inclusive learning environment;

“(C) cultivating leadership in others;

“(D) improving instruction; and

“(E) managing people, data, and processes to foster school improvement.

“(32) Teacher leader—The term teacher leader means an effective educator who carries out formalized leadership responsibilities based on the demonstrated needs of the elementary school or secondary school in which the teacher is employed, while maintaining a role as a classroom instructor who—

“(A) is trained in and practices teacher leadership; and

“(B) fosters a collaborative culture to—

“(i) support educator development, effectiveness, and student learning;

“(ii) support access and use research to improve practice and student learning;

“(iii) promote professional learning for continuous improvement;

“(iv) facilitate improvements in instruction and student learning; promote the appropriate use of assessments and data for school and district improvement;

“(v) improve outreach and collaboration with families and community;

“(vi) advance the profession by shaping and implementing policy;

“(vii) advocate for increased access to great teaching and learning for all students; and

“(viii) demonstrate cultural competencies and provide instruction and support as such.

“(33) Teaching skills—The term teaching skills means skills that enable a teacher to—

“(A) increase student learning, achievement, and the ability to apply knowledge;

“(B) effectively convey, explain, and provide opportunities for students to develop the skills aligned with the full depth and breadth of the State challenging academic standards, including the application of academic subject matter;

“(C) effectively teach higher-order analytical, evaluation, problem-solving, critical thinking, social and emotional, collaboration, and communication skills;

“(D) employ strategies grounded in the disciplines of teaching and learning that—

added “(i) are based on empirically-based practice and evidence-based research, where applicable, related to teaching and learning;

removed “(i) are based on empirically based practice and evidence-based 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 English learners, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs;

“(E) design and conduct ongoing assessments 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) and use this information to inform and personalize instruction;

“(F) support the social, emotional, and academic achievement of all students including effectively manage a classroom creating a positive and inclusive classroom environment, including the ability to implement positive behavioral interventions, trauma-informed care, and other support strategies;

“(G) support an inclusive learning environment through culturally responsive teaching;

added “(H) support accessible technology-rich instruction, assessment, and learning management in content areas, accessible technology literacy, and the use of universal design;

added “(I) demonstrate proficiency with the use of educational and accessible technology;

removed “(H) support technology-rich instruction, assessment and learning management in content areas, technology literacy, and understanding of the principles of universal design;

removed “(I) demonstrate proficiency with the use of educational technology;

“(J) communicate and work with families, and involve families in their children’s education; and

“(K) use, in the case of an early childhood educator or an educator at the elementary school or secondary school level, age-appropriate and developmentally appropriate strategies and practices for children and youth in early childhood education and elementary school or secondary school programs, respectively.

“(34) Teacher performance assessment—The term teacher performance assessment means a pre-service assessment used to measure teacher performance that is approved by the State and is—

“(A) based on professional teaching standards;

“(B) used to measure the effectiveness of a teacher’s—

added “(i) curriculum planning informed by an understanding of students’ prior knowledge, experiences, and racial, linguistic, cultural, and community assets;

added “(ii) instruction of students, including the skills necessary to advance student learning, and including appropriate plans, differentiation, and modifications to support student learning needs, including English learners and students with disabilities;

removed “(i) curriculum planning;

removed “(ii) instruction of students, including appropriate plans and modifications for students who are limited English proficient and students who are children with disabilities;

“(iii) assessment of students, including analysis of evidence of student learning;

added “(iv) ability to analyze, reflect on, and improve teaching practice in response to student learning; and

added “(v) demonstrate cultural competencies through curriculum planning and instruction.

removed “(iv) ability to advance student learning; and

removed “(v) demonstrate cultural competencies through curriculum planning and instruction;

“(C) validated based on professional assessment standards;

“(D) reliably scored by trained evaluators, with appropriate oversight of the process to ensure consistency; and

“(E) used to support continuous improvement of educator practice.

“(35) Teacher preparation entity—The term teacher preparation entity means an institution of higher education, a nonprofit organization, or other organization that is approved by a State to prepare teachers to be effective in the classroom.

“(36) Teacher preparation program—The term teacher preparation program means a program offered by a teacher preparation entity that leads to a specific State teacher certification.

“(37) Trauma-informed care—The term trauma-informed care is defined as the evidence-based practices outlined in section 4108(B)(II)(aa) of the Elementary and Secondary Education Act of 1965.”

Section 201 of the Higher Education Act of 1965 (20 U.S.C. 1022) is amended—

“(4) hold teacher, principal and school leader, and other educator preparation programs accountable for preparing effective teachers, principals and school leaders, and other educators;

changed “(5) recruit individuals, including members of racial and ethnic groups underrepresented in the teaching profession and individuals from other occupations (including informal education and youth development fields), as profession-ready teachers and other educators, ensuring such individuals receive appropriate training in pedagogy and classroom management, with an emphasis on areas of State-identified teacher shortage; and

“(6) meet the staffing needs of high-need local educational agencies and high-need schools through close partnerships with educator preparation programs within institutions of higher education.”

Section 202 of the Higher Education Act of 1965 (20 U.S.C. 1022a) is amended—

“(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 teachers, school leaders, and new educators with strong teaching, school leadership, and other professional skills necessary to increase learning and academic achievement;”

“(F) how the partnership will prepare educators to teach and work with students with disabilities, including training related to early identification of students with disabilities and participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act to ensure that students with disabilities receive effective services, consistent with the requirements of the Individuals with Disabilities Education Act, that are needed for such students to achieve to challenging State academic standards;

“(G) how the partnership will prepare educators to teach and work with students who are English learners to ensure that students who are English learners receive the services that are needed for such students to achieve to challenging State academic standards;

“(H) in the case of activities related to principal and school leader preparation programs, how the partnership will prepare principals and other school leaders to foster instruction that supports the success of all students, including students with disabilities, students who are English learners, and students in early childhood education in alignment with State early learning standards for early childhood education programs;

“(I) how faculty at the partner institution will work, during the term of the grant, with mentor educators in the classrooms and administrators 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 other educators, including multi-tiered systems of support and universal design for learning;

“(ii) train other classroom teachers, principals or other school leaders, school librarians, and other educators to implement literacy programs that incorporate the components of comprehensive literacy instruction; and

“(iii) provide evidence-based, high-quality professional development activities to strengthen the instructional and leadership skills of elementary school and secondary school principals or other school leaders and district superintendents, if the partner institution has a principal or school leader preparation program;”

“(L) how faculty at the partner institution for school leader preparation will work, during the term of the grant, with their—

“(i) State to use rigorous, research-based leader standards and align program accreditation criteria and principal licensure requirements with those standards; and

“(ii) high-needs local education agencies that hire their graduates to use rigorous, evidence-based leader standards and align program content and local educational agencies’ evaluation systems with those standards; and”

“(c) Use of grant funds—An eligible partnership that receives a grant under this section—

“(1) shall use such grant to carry out —

“(A) a program for the pre-baccalaureate or post-baccalaureate preparation of teachers described in subsection (d);

“(B) a teaching residency program, or a principal or other school leader residency program, described in subsection (e);

“(C) a high-quality “Grow Your Own” program; or

“(D) a combination of such programs; and

“(2) may use such grant to carry out other educator development programs under subsection (f), based upon the results of the needs assessment in subsection (b)(1).”

“(e) Partnership grants for the establishment of teaching and principal or other school leader residency programs

“(1) In general—An eligible partnership receiving a grant to carry out an effective teaching residency program or principal or other school leader residency program that meets the following requirements:

“(A) Teaching residency program—An eligible partnership carrying out a teaching residency program shall—

“(i) support a teaching residency program described in paragraph (2) for high-need schools, as determined by the needs of high-need local educational agency in the partnership, and in high-need subjects and areas, as defined by such local educational agency; and

“(ii) place graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the residency program and between such graduates and mentor teachers in the receiving school.

“(B) Principal or school leader residency program—An eligible partnership carrying out a principal or school leader residency program shall support a program described in paragraph (3) for high-need schools, as determined by the needs of the high-need local educational agency in the partnership.

“(2) Teaching residency program

“(A) Establishment and design—A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in 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) The exposure to principles of child and youth development, and understanding and applying principles of learning, behavior, and community and family engagement.

“(iii) The exposure to principles of universal design for learning and multi-tiered systems of support.

“(iv) Engagement of teaching residents in rigorous coursework that results in a baccalaureate or master’s degree while undertaking a guided teaching clinical experience.

“(v) Experience and learning opportunities alongside a trained and experienced mentor teacher—

changed “(I) whose teaching shall complement the residency program so that school-based clinical practice is tightly aligned and integrated with course­work;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 or may be offered a stipend as a result of such additional responsibilities.

“(vi) The establishment of clear criteria for the selection of mentor teachers based on the appropriate subject area knowledge and measures of teacher effectiveness, which 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, summative, and diagnostic assessments to inform instruction and improve student learning.

“(II) Appropriate instruction that engages all students.

“(III) Collaboration with colleagues to improve instruction.

“(IV) Analysis of evidence of student learning.

“(V) Collaboration and the cultivation of relationships with external stakeholders (which may include professional disciplinary organizations and nonprofit advocacy organizations) to foster the sharing of evidence-based resources to promote high-quality, effective practices.

“(vii) 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 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.

“(viii) Continued support for residents once such residents are hired as the teachers of record, through an induction program, evidence-based professional development, and networking opportunities to support the residents through not less than the residents' first 2 years of teaching.

“(B) Selection of individuals as teacher residents

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

“(I) be a recent graduate of a 4-year institution of higher education or a mid-career professional possessing strong content knowledge or a record of professional accomplishment;

“(II) in the case of an undergraduate residency, enrolled as an undergraduate student in a partner institution as defined in this title; and

“(III) submit an application to the residency program.

“(ii) Selection criteria—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 assessments.

“(III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership.

“(3) Partnership grants for the development of principal and other school leader residency programs

“(A) Establishment and design—A principal or other school leader residency program under this paragraph shall be a program based upon models of successful principal or other school leader residencies, and may include the development or support of principal pipelines, that serve as a mechanism to prepare principals and other school leaders for success in high-need schools in the eligible partnership and shall be designed to include the following characteristics of successful programs:

“(i) Engagement of principal or other school leader residents in rigorous graduate-level coursework to earn an appropriate advanced credential while undertaking a guided principal or other school leader clinical experience.

“(ii) Experience and learning opportunities, including those that provide continuous feedback throughout the program on a participants’ progress, alongside a trained and experienced mentor principal or other school leader—

“(I) whose mentoring shall be based on standards of effective mentoring practice and shall complement the residence program so that school-based clinical practice is tightly aligned with coursework; and

“(II) who may be relieved from some portion of principal or other school leader duties or may be offered a stipend as a result of such additional responsibilities.

“(iii) The establishment of clear criteria for the selection of mentor principals or other school leaders, which may be based on observations of the following:

“(I) Demonstrating awareness of, and having experience with, the knowledge, skills, and attitudes to—

“(aa) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and climate, and personalize instruction for all students to result in improved student achievement;

“(bb) create and maintain a learning culture within the school that provides an inclusive climate conducive to the development of all members of the school community, including one of continuous improvement and learning for adults tied to student learning and other school goals;

“(cc) develop the professional capacity and practice of school personnel and foster a professional community of teachers and other professional staff;

changed “(dd) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, men­tor­ship, mentorship, and internship;

changed “(ee) understand youth development appropriate to the age level served by the school, and use this knowledge to set high expectations and standards for the academic, social, emotional, and physical development of all students; andstudents;

changed “(ff) actively engage with families and understand the community science of adverse childhood experiences to create shared responsibility for student academic performance and successful development.lead schools that implement trauma-informed practices; and

added “(gg) actively engage with families and the community to create shared responsibility for student academic performance and successful development.

“(II) Planning and articulating a shared and coherent schoolwide direction and policy for achieving high standards of student performance, and closing gaps in achievement among subgroups of students.

“(III) Identifying and implementing the activities and rigorous curriculum necessary for achieving such standards of student performance.

“(IV) Supporting a culture of learning, collaboration, and professional behavior and ensuring quality measures of instructional practice.

“(V) Communicating with, and engaging, parents, families, and other external communities.

“(VI) Cultivating relationships and collaborating with external stakeholders, which may include professional disciplinary organizations and nonprofit advocacy organizations, to foster the sharing of evidence-based resources to promote high-quality, effective practices.

“(VII) Collecting, analyzing, and utilizing data and other evidence of student learning and evidence of classroom practice to guide decisions and actions for continuous improvement and to ensure performance accountability.

“(iv) 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 to hire qualified graduates from the principal residency program; and

“(II) which may include consideration of applicants who reflect the communities in which they will serve and consideration of individuals from underrepresented populations in school leadership positions.

“(v) Continued support for residents once such residents are hired as principals or other school leaders, through an induction program, evidence-based professional development to support the knowledge and skills of the principal or other school leader in a continuum of learning and content expertise in developmentally appropriate or age-appropriate educational practices, and networking opportunities to support the residents through not less than the residents’ first 2 years of serving as principal or other school leader of a school.

“(B) Selection of individuals as principal or other school leader residents

“(i) Eligible individual—In order to be eligible to be a principal or other school leader resident in a principal or other school leader residency program under this paragraph, an individual shall—

“(I) have prior prekindergarten through grade 12 teaching experience;

“(II) have experience as an effective leader, manager, and written and oral communicator; and

“(III) submit an application to the residency program.

“(ii) Selection criteria—An eligible partnership carrying out a principal or other school leader residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the principal residency program based on the following characteristics:

“(I) Strong instructional leadership skills in an elementary school or secondary school setting.

“(II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments.

“(III) Other attributes linked to effective leadership, such as sound judgment, organizational capacity, collaboration, commitment to equity and inclusiveness, and openness to continuous learning, which may be determined by interviews or performance assessment, as specified by the eligible partnership.

“(4) Stipends or salaries; applications; agreements; and repayments

“(A) Stipends or salaries—A teaching residency program, or a principal or other school leader residency program, under this subsection—

“(i) shall provide a 1-year living stipend or salary to residents during the teaching residency program or the principal or other school leader residency program; and

“(ii) may provide a stipend to a mentor teacher or mentor principal.

“(B) Applications

“(i) In general—Each residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, in such manner, and containing such information and assurances, as the eligible partnership may require, and which shall include an agreement to serve described in clause (ii).

“(ii) Agreements to serve—Each application submitted under clause (i) shall contain or be accompanied by an agreement that the applicant will—

“(I) upon successfully completing the 1-year teaching residency program, or principal or other school leader residency program, serve as a full-time teacher, principal, or other school leader for a total of not less than 3 school years at—

“(aa) a high-need school served by the high-need local educational agency in the eligible partnership and, in the case of a teacher, teach a subject or area that is designated as high-need by the partnership; or

“(bb) in a case in which no appropriate position is available in a high-need school served by the high-need local educational agency in the eligible partnership, any other high-need school;

“(II) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the teacher or principal or other school leader is employed, of the employment required under subclause (I) at the beginning of, and upon completion of, each year or partial year of service;

“(III) in the case of a teacher resident, meet the requirements to be a profession-ready teacher;

“(IV) in the case of a principal or other school leader resident, meet the requirements to be a profession-ready principal or other school leader; and

“(V) comply with the requirements set by the eligible partnership under subparagraph (C) if the applicant is unable or unwilling to complete the service obligation required by this subparagraph.

“(C) Repayments

“(i) In general—An eligible partnership carrying out a teaching residency program, or a principal or other school leader residency program, under this subsection shall require a recipient of a stipend or salary under subparagraph (A) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by subparagraph (B) 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) Other terms and conditions—Any other terms and conditions specified by the eligible partnership may include reasonable provisions for prorate repayment of the stipend or salary described in subparagraph (A) or for deferral of a resident’s service obligation required by subparagraph (B), 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) Use of repayments—An eligible partnership shall use any repayment received under this subparagraph to carry out additional activities that are consistent with the purposes of this section.”

“(f) Teacher leader development program

“(1) In general—A teacher leader development program carried out with a grant awarded under this section shall provide for the professional development of teachers, as described in paragraph (2), who maintain their roles as classroom teachers and who also carry out formalized leadership responsibilities to increase the academic achievement of students and promote data-driven instructional practices that address the demonstrated needs at the elementary schools and secondary schools in which the teachers are employed, such as—

“(A) development of curriculum and curricular resources;

“(B) facilitating the work of committees and teams;

“(C) family and community engagement;

“(D) school discipline and culture;

“(E) peer observations and coaching;

“(F) dual enrollment instruction; or

“(G) cultural competencies.

“(2) Professional development—The professional development of teachers in a teacher leader development program carried out with a grant awarded under this section shall include—

“(A) one year of professional development, training, and support that may—

“(i) include—

“(I) the engagement of teachers in rigorous coursework and fieldwork relevant to their role as a teacher leader, including available teacher leader standards; and

“(II) regular observations and professional support from—

“(aa) a principal, vice principal, or a designated instructional leader of the school;

“(bb) a representative from the institution of higher education that is a partner in the eligible partnership;

“(cc) a representative from another entity that is a partner in the eligible partnership; and

“(dd) another member of the teacher leader cohort, if applicable, or a peer teacher; and

“(ii) result in the awarding of a credential in teacher leadership; and

“(B) one or 2 additional years of support from a principal, vice principal, or a designated instructional leader of the school, a representative from the institution of higher education that is a partner in the eligible partnership, and a representative from another entity that is a partner in the eligible partnership.

“(3) Teacher leader development program plan—In carrying out a teacher leader development program under this section, an eligible partnership shall develop a plan that shall describe—

added “(A) how the work hours of teacher leaders will be allocated between their classroom responsibilities and responsibilities as a teacher leader, which shall include a description of whether the teacher leader will be relieved from teaching duties during their participation in the teacher leader development program;

removed “(A) how the work hours of teacher leaders will be allocated between their classroom responsibilities and responsibilities as a teacher leader, which may include a description of whether the teacher leader will be relieved from teaching duties during their participation in the teacher leader development program;

“(B) how the partnership will support teacher leaders after the first year of professional development in the program; and

“(C) how teacher leader activities could be sustained by the eligible partnership after the program concludes, which may include a description of opportunities for the teacher leaders to assist in the educator preparation program at the institution of higher education in the partnership.

“(4) Selection of teacher leaders; use of funds—In carrying out a teacher leader development program under this section, an eligible partnership—

“(A) shall select a teacher for participation in the program—

“(i) who—

“(I) is fully certified to teach in the State of the high-need local educational agency that is a partner in the eligible partnership;

“(II) is employed by such high-need local educational agency;

“(III) has not less than 3 years of teaching experience; and

“(IV) submits an application for participation to the eligible partnership; and

“(ii) based on selection criteria that includes—

“(I) demonstration of strong content knowledge or a record of accomplishment in the field or subject area the teacher will support as a teacher leader; and

“(II) demonstration of attributes linked to effective teaching that are determined through interviews, observations, other exhibits, student achievement, or performance assessments, such as those leading to an advanced credential;

“(B) may develop admissions goals and priorities for the teacher leader development program that—

“(i) are aligned with the demonstrated needs of the school or high-need local educational agency in which the teacher is employed;

“(ii) considers cultural competencies that would make the applicant effective in the applicant’s teacher leader role; and

“(iii) considers whether the teacher has substantial teaching experience in the school in which the teacher is employed or in a school that is similar to the school in which the teacher is employed;

“(C) shall use the grant funds to pay for costs of training and supporting teacher leaders for not less than 2 years and not more than 3 years;

“(D) may use the grant funds to pay for a portion of a stipend for teacher leaders if such grant funds are matched by additional non-Federal public or private funds as follows:

“(i) during each of the first and second years of the grant period, grant funds may pay not more than 50 percent of such stipend; and

“(ii) during the third year of the grant period, grant funds may pay not more than 33 percent of such stipend; and

“(E) may require teacher leaders to pay back the cost of attaining the credential described in paragraph (2)(A)(ii) if they do not complete their term of service in the teacher leader development program.

“(g) Partnership grants for the establishment of Grow Your Own programs

“(1) In general—An eligible partnership that receives a grant under this section may use such grant to carry out a high-quality “Grow Your Own” program to address subject or geographic areas of teacher or school leader shortages or to increase the diversity of the teacher or school leader workforce.

“(2) Elements of a Grow Your Own program—A Grow Your Own program carried out under this section shall—

“(A) integrate career-focused courses on education topics with school-based learning experience;

“(B) provide opportunities for candidates to practice and develop the skills and dispositions that will help them become skilled educators and leaders;

“(C) support candidates as they complete their associate, baccalaureate, or master’s degree and earn their teaching or school leadership credential; and

“(D) offer financial aid, in addition to financial assistance that may be received under title IV, to candidates and work in partnership with members of the eligible partnership to provide academic, counseling, and programmatic supports.

added “(2) Establishment and design—To create and enhance multiple pathways to enter the educator and leadership workforce, an eligible partnership carrying out a Grow Your Own program under this section, in collaboration with organizations representing educators and leaders and additional stakeholders—

removed “(3) Establishment and design—To create and enhance multiple pathways to enter the educator and leadership workforce, an eligible partnership carrying out a Grow Your Own program under this section, in collaboration with organizations representing educators and leaders and additional stakeholders—

“(A) shall—

“(i) establish an advisory group to review barriers impacting underrepresented populations entering the teaching and school leadership profession, identify local teacher and leader workforce needs, develop policies on the creation or expansion of Grow Your Own programs, and provide guidance and oversight on the implementation of such programs;

“(ii) track and evaluate the effectiveness of the program, including, at a minimum, using the data required under section 204(a)(1);

“(iii) require candidates to complete all State requirements to become fully certified;

“(iv) provide academic and testing supports, including advising and financial assistance, to candidates for admission and completion of education preparation programs as well as State licensure assessments;

added “(v) include efforts, to the extent feasible, to recruit current paraprofessionals, as defined under section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), instructional assistants, district employees not certified to teach or lead (such as long-term substitute teachers), after school and summer program staff, parent school volunteers, retired military personnel, and other career changers with experience in hard to staff areas who are not currently certified to teach or lead with a specific focus on recruiting individuals who are reflective of the race, ethnicity, and native language of the existing community’s student population; and

removed “(v) include efforts, to the extent feasible, to recruit current paraprofessionals, as defined under section 8101 of the Elementary and Secondary Education Act of 1965, instructional assistants, district employees not certified to teach or lead (such as long-term substitute teachers), after school and summer program staff, parent school volunteers, retired military personnel, and other career changers with experience in hard to staff areas who are not currently certified to teach or lead with a specific focus on recruiting individuals who are reflective of the race, ethnicity, and native language of the existing community’s student population; and

“(vi) provide a year-long clinical experience or teaching or school leadership residency in which candidates teach or lead alongside an expert mentor teacher or school leader; and

“(B) may include—

“(i) a stipend to cover candidate living expenses or childcare costs; and

“(ii) compensation for mentors.”

Section 203 of the Higher Education Act of 1965 (20 U.S.C. 1022b) is amended—

“(B) provide a 1–year preservice clinical or residency experience that includes the integration of coursework and clinical practice and offers cohorts of candidates the opportunity to learn to teach or lead in partner schools or teaching academies; and”

Section 204(a) of the Higher Education Act of 1965 (20 U.S.C. 1022c(a)) is amended to read as follows:

“(a) Eligible partnership evaluation—Each eligible partnership submitting an application for a grant under this part shall establish, and include in such application, an evaluation plan that includes rigorous, comprehensive, and measurable performance objectives. The plan shall include objectives and measures for—

“(1) achievement for all prospective and new educators as measured by the eligible partnership;

“(2) after the completion of the partnership program, educator retention at the end of year 3 and year 5;

“(3) pass rates and scaled scores for initial State certification or licensure of teachers or pass rates and average scores on valid and reliable teacher performance assessments; and

“(4)

“(A) the percentage of profession-ready teachers, principals or other school leaders hired by the high-need local educational agency participating in the eligible partnership;

“(B) the percentage of profession-ready teachers, principals, and other educators hired by the high-need local educational agency who are members of underrepresented groups;

changed “(C) the percentage of profession-ready teachers hired by the high-need local educational agency who teach high-need academic subject areas, such as reading, science, technology, engineering, mathematics, computer science, and foreign language (including less commonly taught languages and critical foreign languages);languages), or any other well-rounded education subject (as defined in section 8101 of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801));

“(D) the percentage of profession-ready teachers hired by the high-need local educational agency who teach in high-need areas, including special education, bilingual education, language instruction educational programs for English language learners, and early childhood education;

“(E) the percentage of profession-ready teachers, principals or other school leaders, and other educators 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 as a result of participation in the partnership program;

“(G) as applicable, the percentage of educators who have completed the partnership program able to—

“(i) integrate technology effectively into curricula and instruction, including technology 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 improving student learning outcomes; and

“(H) as applicable, the percentage of educators who have completed the partnership program taking school leadership positions who, after 3 years in the role, receive ratings of effective or above in State school leader evaluation and support systems (as described in section 2014(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965) or, if no such ratings are available, other comparable indicators of performance.”

Section 205 of the Higher Education Act of 1965 (20 U.S.C. 1022d) is amended—

“(1) Report card—Each teacher preparation or school leader preparation entity approved to operate teacher preparation or school leader preparation programs in the State and that receives or enrolls students receiving Federal assistance shall report annually to the State and the general public, in a uniform and comprehensive manner that conforms with the definitions and methods established by the Secretary, the following:

“(A) Pass rates and scaled scores—For the most recent year for which the information is available for each teacher or school leader preparation program offered by the teacher preparation or school leader preparation entity the following:

“(i) Except as provided in clause (ii), for those students who took the assessments used for teacher or school leader certification or licensure by the State in which the entity is located and are enrolled in the teacher or school leader preparation program, and for those who have taken such assessments and have completed the teacher or school preparation program during the 2-year period preceding such year, for each of such assessments—

“(I) the percentages of students enrolled in the preparation program, and those who have completed such program, who passed such assessment;

“(II) the percentage of students who have taken such assessment who enrolled in and completed the teacher or school leader preparation program; and

“(III) the average scaled score for all students who took such assessment.

“(ii) In the case of an entity that requires a valid and reliable teacher performance assessment in order to complete the preparation program, the entity may submit in lieu of the information described in clause (i) the pass rate and average score of students taking the teacher performance assessment.

“(B) Entity information—A description of the following:

“(i) The median grade point average and range of grade point averages for admitted students.

changed “(ii) The number of students in the entity, disaggregated by race, ethnicity, and gender, except that such dis­ag­gre­ga­tion disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student.

“(iii) The number of hours and types of supervised clinical preparation required for each program.

“(iv) The total number and percentage of students who have completed programs for certification or licensure disaggregated by subject area and by race, ethnicity, gender, income status, and language diversity (graduates who have bilingual or dual language immersion endorsements), except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student.

“(v) The percentage and total number of program completers who have been certified or licensed as teachers or school leaders (disaggregated by subject area of certification or licensure and 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).

“(vi) The 3- and 5-year teacher or school leader retention rates, including, at a minimum, in the same school and local educational agency, and within the profession (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).

“(C) Accreditation—Whether the program or entity is accredited by a specialized accrediting agency recognized by the Secretary for accreditation of professional teacher or school leader education programs.

“(D) Designation as low-performing—Which programs (if any) offered by the entity have been designated as low-performing by the State under section 207(a).”

“(D)

“(i) Except as provided in clause (ii), for each of the assessments used by the State for teacher or school leader certification or licensure, disaggregated by subject area, race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student—

“(I) for each entity located in the State, the percentage of students at each 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 in all such programs and entities who have taken the assessment who pass such assessment;

“(III) the percentage of students who have taken the assessment and who enrolled in and completed a teacher or school leader preparation program; and

“(IV) the average scaled score of individuals participating in such a program, or who have completed such a program during the 2-year period preceding the first year for which the annual State report card is provided, who took each such assessment.

“(ii) In the case of a State that has implemented a valid and reliable teacher performance assessment, the State may submit in lieu of the information described in clause (i) the pass rate and average score of students taking the teacher performance assessment, disaggregated by subject area, race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student.”

“(G) For each teacher and school leader preparation program in the State the following:

“(i) The programs’ admission rate, median grade point average, and range of grade point averages for admitted students.

changed “(ii) The number of students in the program disaggregated by race, ethnicity, and gender, except that such dis­ag­gre­ga­tion disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student.

“(iii) The number of hours and types of supervised clinical preparation required.

“(iv) Whether such program has been identified as low-performing, as designated by the State under section 207(a).

“(v) For each school leader preparation program in the State, the total number and percentage of program completers placed as principals who are rated as effective or above on the State school leader evaluation and support systems (as described in section 2101(c)(4)(B)(2) of the Elementary and Secondary Education Act of 1965) or, if no such ratings are available, other comparable indicators of performance after three years of leading a school.

“(H) For the State as a whole, and for each teacher preparation entity in the State, the number of teachers prepared, in the aggregate and reported separately by the following:

“(i) Area of certification or licensure.

“(ii) Route of certification (traditional versus alternative).

“(iii) Academic major.

“(iv) Degree type (baccalaureate, post-baccalaureate, and master’s degrees).

“(v) Subject area for which the teacher has been prepared to teach.

“(vi) The relationship of the subject area and grade span of teachers graduated by the teacher preparation entity to identified teacher shortage areas of the State.

“(vii) The percentage of teachers graduated teaching in high-need schools.

“(viii) Placement in a teaching or school leadership position within 6 months of program completion.

“(ix) Rates of 3- and 5-year teacher or school leadership retention including, at a minimum, in the same school and local educational agency, and within the profession.”

“(3) No requirement for reporting on students not working in the State—Nothing in this section shall require a State to report data on program completers who do not work as teachers, principals, or school leaders in such State.”

“(D) The relationship of the subject area and grade span of teachers graduated by teacher preparation entities across the States to identified teacher shortage areas.

“(E) The number and percentages of such graduates teaching in high-need schools.”

Part A of title II of the Higher Education Act of 1965 (20 U.S.C. 1022 et seq.) is amended by inserting after section 208 the following:

“209. Elevation of the education profession study

changed “(a) Purpose—The purpose of this section is to authorize a feasibilty feasibility study on the elevation of the education profession by examining State policies related to teacher and school leader education and certification, produce a comprehensive set of expectations that sets a high bar for entry into the profession and ensures that all entering teachers and school leaders are profession-ready, and develop recommendations to Congress on best practices with respect to elevating the education profession that are evidence-based, reliable, and verified by the field.

“(b) Establishment

“(1) In general—The Secretary of Education shall establish an Advisory Committee to carry out the elevation of the education profession study described in subsection (c) and make recommendations to Congress on the findings.

“(2) Membership of the Advisory Committee—The Advisory Committee shall include representatives or advocates from the following categories:

“(A) Teacher unions.

“(B) School leader organizations.

“(C) State and local chief executives or their representatives.

“(D) State educational agencies and local educational agencies.

“(E) Teacher and school leader advocacy organizations.

“(F) School administrator organizations.

“(G) Institutions of higher education, including colleges of teacher education.

“(H) Civil rights organizations.

“(I) Organizations representing students with disabilities.

“(J) Organizations representing English learners.

“(K) Nonprofit organizations representing subject-fields, such as STEM Educator organizations, comprehensive literacy Educator organizations, and arts and humanities educator organizations.

“(L) Professional development organizations.

“(M) Educational technology organizations.

“(N) Nonprofit research organizations.

“(O) Organizations representing nontraditional pathways into teacher and school leader education.

“(P) Organizations representing parents.

“(c) Duties of the Advisory Committee

“(1) Feasibility study—The Advisory Committee shall conduct a feasibility study to—

“(A) assess the state of policies and practices related to teacher and school leader education and entry into the profession including barriers to achieving certification and licensure, best practices in producing profession-ready teachers and school leaders, and recruitment and retention of teachers and school leaders in schools;

“(B) compile best practices for educating and training profession-ready teachers and school leaders including evidence-based practices for training teachers and school leaders to support diverse learners, developing teacher and school leaders, and successful pre-service and in-service educational activities;

“(C) review certification and credentialing practices throughout the Nation including minimum standards in each State, differences in types of credentials, and impact of different certification processes in each State for teachers and school leaders who relocate; and

“(D) recommend a comprehensive set of rigorous expectations for States standards to elevate the profession of teaching and to produce profession-ready teachers and school leaders prepared to educate diverse learners in inclusive educational settings.

“(2) Reports

“(A) Not later than 1 year after the Advisory Committee’s first meeting, the Committee shall submit an interim report to the Secretary and to the authorizing committees detailing the methods of the study and progress in developing the set of comprehensive and rigorous expectations.

“(B) Not later than 3 years after the Advisory Committee’s first meeting, the Committee shall submit a final report to the Secretary and to the authorizing committees detailing the findings, recommendations, and suggested set of comprehensive and rigorous expectations.

“(3) Dissemination of information—In carrying out the study under paragraph (1), the Secretary shall, after the release of the study, disseminate information found in the study in an accessible format to all stakeholders.

“(4) Database—Not later than 180 days after the date of the enactment of this subsection, the Secretary shall produce an electronically accessible clearinghouse of State certification procedures and best State practices for producing and retaining profession-ready teachers and school leaders.”

Part B of title II of the Higher Education Act of 1965 (20 U.S.C. 1031 et seq.) is amended to read as follows:

“B Enhancing Teacher and School Leader Education

“230. Authorization of appropriations

changed “(a) In general—There are authorized to be appropriated to carry out this part $100,000,000 for fiscal year 2021 2020 and each of the 5 succeeding fiscal years.

“(b) Distribution of funds—Subparts 1 through 4 of this part shall each receive a minimum of 20 percent of the amount appropriated for a fiscal year, and the Secretary shall have discretion over the distribution under this part of the remaining amount appropriated for such fiscal year.

“1 Honorable Augustus F. Hawkins Centers of Excellence

“231. Findings

“Congress finds the following:

“(1) Our Nation’s schools are experiencing a severe teacher diversity gap that negatively impacts student achievement and school culture—50 percent of current students are students of color while only 18 percent of teachers are of color, according to a 2016 study by the Brookings Institution.

“(2) A 2016 report conducted by the Department of Education shows that teachers of color tend to provide more culturally relevant teaching and better understand the situations that students of color may face. These factors help in the development of trusting teacher-student relationships. Researchers from Vanderbilt University also found that greater racial and ethnic diversity in the principal corps benefits students, especially students of color.

“(3) Teachers and school leaders of color can also serve as cultural ambassadors who help students feel more welcome at school or as role models.

changed “(4) Research consistently shows that increasing diversity in the teaching profession can have positive impacts on student educational experiences and outcomes. Students of color demonstrate greater academic achievement and social-emotional development in classes with teachers of color. Studies also suggest that all students, including White white students, benefit from having teachers of color offering their distinctive knowledge, experiences, and role modeling to the student body as a whole.

“232. Purpose

“The purpose of this subpart is to strengthen and expand the recruitment, training, and retention of candidates of color into the teaching profession.

“233. Eligible institution defined

“In this subpart, the term eligible institution means an institution of higher education that has a teacher or school leader preparation program that is a accredited by the State and that is—

“(1) a part B institution (as defined in section 322);

“(2) a Hispanic-serving institution (as defined in section 502);

“(3) a Tribal college or university (as defined in section 316);

“(4) an Alaska Native-serving institution (as defined in section 317(b));

“(5) a Native Hawaiian-serving institution (as defined in section 317(b));

changed “(6) a predominantly Black black institution (as defined in section 318);

“(7) an Asian-American and Native American Pacific Islander-serving institution (as defined in section 320(b));

“(8) a Native American-serving, nontribal institution (as defined in section 319);

“(9) a consortium of any of the institutions described in paragraphs (1) through (8); or

“(10) an institution described in paragraphs (1) through (8), or a consortium described in paragraph (9), in partnership with any other institution of higher education, but only if the center of excellence established under section 234 is located at an institution described in paragraphs (1) through (8).

“234. Augustus F. Hawkins Centers of Excellence

“(a) Program authorized—From the amounts provided to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible institutions to establish centers of excellence.

changed “(b) Use of funds—An eligible institution shall use a grant received under this subpart to ensure that programs offered at a center of excellence established by such institution prepare current and future teachers or school leaders to be profession-ready, and 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, Act (20 U.S.C. 1412(a)(14)(C)), by carrying out one or more of the following activities:

“(1) Implementing reforms within teacher or school leader preparation programs to ensure that such programs are preparing teachers or school leaders who meet such applicable State certification and licensure requirements or qualifications, and are using evidence-based instructional practices to improve student academic achievement, by—

“(A) retraining or recruiting faculty; and

“(B) designing (or redesigning) teacher or school leader preparation programs that—

“(i) prepare teachers or school leaders to serve in low-performing schools and close student achievement gaps; and

“(ii) are based on—

“(I) rigorous academic content;

“(II) evidence-based research; and

“(III) challenging State academic standards as described in section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)); and

“(iii) promote effective teaching skills.

changed “(2) Providing sustained and high-quality preservice clinical experience, which may include through high-quality teacher or leader residency programs, including the mentoring of prospective teachers by exemplary teachers or teacher leaders, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, school leaders, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction.

“(3) Developing and implementing initiatives to promote retention of teachers who meet such applicable State certification and licensure requirements or qualifications, and principals and other school leaders, including teachers, principals, and other school leaders of color, including programs that provide—

“(A) teacher or principal and other school leader mentoring; and

“(B) induction and support for teachers and principals and other school leaders during their first three years of employment as teachers, principals, or other school leaders, respectively.

“(4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher or other school leader preparation program at the Center of Excellence, not to exceed the cost of attendance as defined in section 472.

“(5) Disseminating information on effective practices for teacher or other school leader preparation and successful teacher or other school leader certification and licensure assessment preparation strategies.

“(6) Activities authorized under section 202.

“(c) Application—Any eligible institution desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.

“(d) Limitation on administrative expenses—An eligible institution that receives a grant under this subpart may use not more than 2 percent of the funds provided to administer the grant.

“(e) Regulations—The Secretary shall prescribe such regulations as may be necessary to carry out this subpart.

“2 Preparing Well-Rounded Teachers

“241. Well-rounded teaching grants

“(a) Findings—Congress finds that—

“(1) students have diverse learning needs and teachers must be prepared to provide a high-quality, equitable education to every child;

“(2) improving the pedagogical competencies, behavior management skills, and cultural competencies of teacher candidates prepares them to effectively teach students from diverse backgrounds and increases the likelihood they will remain in the profession; and

“(3) teachers who hold dual certification and receive training in social and emotional learning competencies and nonexclusionary, positive behavior management practices are better prepared to create a supportive school climate and meet the needs of all students, including English learners, racially diverse students, students with disabilities, low-income students, and students who have experienced trauma.

“(b) Purpose—The purpose of this subpart is to—

“(1) strengthen and expand teacher preparation programs that embed dual certification for teacher candidates in special education; and

changed “(2) strengthen and expand teacher preparation programs that embed training on inclusive practices, culturally responsive teaching, social and emotional learning competencies competencies, universal design for learning, and nonexclusionary, positive behavior management practices to teacher candidates.

“(c) Authorization of program

“(1) In general—From the amounts provided to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible partnerships to improve the preparation of general education teacher candidates to ensure that such teacher candidates possess the knowledge, skills, and credentials necessary to effectively instruct students with disabilities in general education classrooms, and an understanding of positive behavior-management practices that reduce the use of exclusionary and aversive disciplinary practices and create a supportive school climate.

“(2) Duration of grants—A grant under this subpart shall be awarded for a period of not more than 5 years.

“(3) Non-federal share—An eligible partnership that receives a grant under this subpart shall provide not less than 25 percent of the cost of the activities carried out with such grant from non-Federal sources, which may be provided in cash or in-kind.

“(d) Definition of eligible partnership—In this section, the term eligible partnership means a partnership that—

“(1) shall include—

“(A) one or more departments or programs at an institution of higher education—

“(i) that prepare elementary or secondary general education teachers;

“(ii) that have a program of study that leads to an undergraduate degree, a master’s degree, or completion of a postbaccalaureate program required for teacher certification; and

changed “(iii) the profession-ready graduates of which 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;Act (20 U.S.C. 1412(a)(14)(C));

“(B) a department or program that has expertise in special education at an institution of higher education; and

“(C) a high-need local educational agency; and

“(2) may include—

“(A) a department or program of mathematics, earth or physical science, foreign language, or another department at the institution that has a role in preparing teachers; or

“(B) a non-profit, research-based organization.

“(e) Activities—An eligible partnership that receives a grant under this section—

“(1) shall use the grant funds to—

“(A) develop or strengthen an undergraduate, postbaccalaureate, or master’s teacher preparation program by integrating special education pedagogy into the general education curriculum and academic content that results in applicable dual State certification for teacher candidates who complete the program;

“(B) develop or strengthen an undergraduate, postbaccalaureate, or master’s teacher preparation program by embedding social and emotional learning strategies, inclusive practices, culturally responsive teaching, and nonexclusionary, positive behavior-management practices into the general education curriculum and academic content;

“(C) provide teacher candidates participating in the program under subparagraph (A) with skills related to—

“(i) response to intervention, positive behavioral interventions and supports (including eliminating the use of aversive interventions such as seclusion and restraints), differentiated instruction, and data-driven instruction (including the use of data to identify and address disparities in rates of discipline among student subgroups);

“(ii) universal design for learning;

“(iii) determining and utilizing accommodations for instruction and assessments for students with disabilities;

“(iv) collaborating with stakeholders such as special educators, related services providers, out-of-school time providers, and parents, including participation in individualized education program development and implementation;

“(v) appropriately utilizing technology and assistive technology for students with disabilities; and

“(vi) effectively and equitably using technology for digital and blended learning;

“(D) provide teacher candidates participating in the program under subparagraph (B) with skills related to—

“(i) social and emotional learning competencies;

“(ii) positive behavior interventions and supports or multitiered systems of support;

“(iii) trauma-informed care;

changed “(iv) evidenced-based restorative justice practices;practices; and

“(v) culturally responsive teaching and anti-bias training that is evidence-based; and

“(E) provide extensive clinical experience for participants described in subparagraphs (A) and (B) with mentoring and induction support throughout the program that continues during the first 2 years of full-time teaching.

“(f) Application

“(1) Application Requirements—An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—

“(A) a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and needs related to preparing general education teacher candidates to instruct students with disabilities; and

“(B) an assessment of the existing personnel needs for general education teachers who instruct students with disabilities, performed by the high-need local educational agency described in subsection (d)(1)(C).

“(2) Peer review

“(A) In general—The Secretary shall convene a peer review committee to review applications for grants under this subpart and to make recommendations to the Secretary regarding the selection of eligible partnerships for such grants.

“(B) Membership—Members of the peer review committee shall be recognized experts in the fields of special education, social and emotional learning, teacher preparation, and general education and shall not be in a position to benefit financially from any grants awarded under this section.

“(g) Equitable geographic distribution—In awarding grants under this subpart, the Secretary shall, to the maximum extent possible, provide for an equitable geographic distribution of such grants.

“(h) Evaluations

“(1) By the partnership

“(A) In general—An eligible partnership receiving a grant under this subpart shall conduct an evaluation at the end of the grant period to determine—

“(i) the effectiveness of the general education teachers who completed a program under subsection (c)(1) with respect to instruction of students with disabilities in general education classrooms; and

“(ii) the systemic impact of the activities carried out by such grant on how each institution of higher education that is a member of the partnership prepares teachers for instruction in elementary schools and secondary schools.

“(B) Report to the secretary—Each eligible partnership performing an evaluation under subparagraph (A) shall report the findings of such evaluation to the Secretary.

“(2) Report by the secretary—Not later than 180 days after the last day of the grant period for which an evaluation was conducted under paragraph (1), the Secretary shall make available to the authorizing committees and the public the findings of the evaluations submitted under paragraph (1), and information on best practices related to effective instruction of students with disabilities in general education classrooms.

“3 Preparing Teachers for English-Learner Instruction

“251. Teaching English learners grant

“(a) Authorization of program—The Secretary shall award grants, on a competitive basis, to eligible partnerships to improve the preparation of teacher candidates to ensure that such teacher candidates possess the knowledge and skills necessary to effectively instruct English learners.

“(b) Duration of grants—A grant under this section shall be awarded for a period of not more than 5 years.

“(c) Non-Federal share—An eligible partnership that receives a grant under this section shall provide not less than 25 percent of the cost of the activities carried out with such grant from non-Federal sources, which may be provided in cash or in kind.

“(d) Eligible partnership—The term eligible partnership means an eligible institution of higher education in partnership with a high-need local educational agency or a high-need early childhood education program.

“(e) Uses of funds—An eligible partnership that receives a grant under this section shall use the grant to—

“(1) develop or strengthen an undergraduate, postbaccalaureate, or master’s teacher preparation program by integrating strategies for teaching English learners into the education curriculum and academic content;

“(2) provide teacher candidates participating in a program under paragraph (1) with skills related to—

“(A) helping English learners—

“(i) achieve at high levels in prekindergarten programs, and elementary schools and secondary schools so that such English learners can meet the challenging State academic standards adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) by the State of the school attended by the English learners, which all children in the State are expected to meet; and

“(ii) attain English proficiency;

“(B) appropriately identifying and meeting the specific learning needs of children with disabilities who are English learners;

changed “(C) recognizing and addressing the social and emotional needs of English learners; andappropriately using universal design for learning;

changed “(D) promoting parental, family, recognizing and community engagement in educational programs that serve addressing the social and emotional needs of English learners;learners; and

added “(E) promoting parental, family, and community engagement in educational programs that serve English learners;

“(3) provide authentic clinical learning opportunities for teacher candidates participating in the program involving sustained interactions with teachers and English learners at public prekindergarten programs, or elementary schools or secondary schools, to the extent practicable, or simulated environments at the eligible institution of higher education involved, that foster in-depth, first-hand engagement with tasks required of a teacher providing instruction to English learners; and

“(4) provide teacher candidates with the required coursework to qualify for an English-as-a-second-language certification, endorsement, or initial teaching credential, as recognized by the State of the eligible partnership.

“(f) Application—An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—

“(1) a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and the needs related to preparing teacher candidates to instruct English learners in the manner described in subsection (d)(2); and

“(2) a self-assessment by the eligible partnership of the personnel needs for teachers who instruct English learners at local, public prekindergarten programs, and elementary schools and secondary schools.

“(g) Equitable geographic distribution—In awarding grants under this section, the Secretary shall, to the maximum extent possible, provide for an equitable geographic distribution of such grants.

“(h) Evaluations

“(1) Report from eligible partnerships—An eligible partnership receiving a grant under this section shall submit to the Secretary the results of an evaluation conducted by the partnership at the end of the grant period to determine—

“(A) the effectiveness of teachers who completed a program under subsection (d)(1) with respect to instruction of English learners; and

“(B) the systemic impact of the activities carried out by such grant on how such partnership prepares teachers to provide instruction in prekindergarten programs, and elementary schools and secondary schools.

“(2) Report from the secretary—Not later than 180 days after the last day of the grant period under this section, the Secretary shall make available to the authorizing committees and the public—

“(A) the findings of the evaluations submitted under paragraph (1); and

“(B) information on best practices related to effective instruction of English learners.

“4 Graduate Fellowships To Prepare Faculty in High-Need Areas at Colleges of Education

“261. Graduate fellowships to prepare faculty in high-need areas at colleges of education

“(a) Grants by secretary—From the amounts provided to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible institutions to enable such institutions to make graduate fellowship awards to qualified individuals in accordance with the provisions of this section.

“(b) Eligible institutions—In this section, the term eligible institution means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate study leading to a doctoral degree.

“(c) Applications—An eligible institution that desires 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.

“(d) Types of fellowships supported

added “(1) In general—An eligible institution that receives a grant under this subpart shall use the grant funds to provide graduate fellowships to individuals who are preparing for the professorate in order to prepare individuals to become elementary school and secondary school science, technology, engineering, and math teachers, special education teachers, and teachers who provide instruction for English-learners, 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)).

removed “(1) In general—An eligible institution that receives a grant under this subpart shall use the grant funds to provide graduate fellowships to individuals who are preparing for the professorate in order to prepare individuals to become elementary school and secondary school science, technology, engineering, and math teachers, special education teachers, and teachers who provide instruction for English-learners, 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.

“(2) Types of study—A graduate fellowship provided under this section shall support an individual in pursuing postbaccalaureate study, which leads to a doctoral degree and may include a master’s degree as part of such study, related to teacher preparation and pedagogy in one of the following areas:

“(A) Science, technology, engineering, mathematics, and computer science, and their related subfields, if the individual has completed a master’s degree in mathematics, engineering, science, or computer science and is pursuing a doctoral degree in mathematics, science, engineering, or education.

“(B) Special education.

“(C) The instruction of English-learners, including postbaccalaureate study in language instruction educational programs.

“(e) Fellowship terms and conditions

“(1) Selection of fellows—The Secretary shall ensure that an eligible institution that receives a grant under this subpart—

“(A) shall provide graduate fellowship awards to individuals who plan to pursue a career in instruction at an institution of higher education that has a teacher preparation program; and

“(B) may not provide a graduate fellowship to an otherwise eligible individual—

“(i) during periods in which such individual is enrolled at an institution of higher education unless such individual is maintaining satisfactory academic progress in, and devoting full-time study or research to, the pursuit of the degree for which the fellowship support was provided; or

“(ii) if the individual is engaged in gainful employment, other than part-time employment related to teaching, research, or a similar activity determined by the institution to be consistent with and supportive of the individual’s progress toward the degree for which the fellowship support was provided.

“(2) Amount of fellowship awards

“(A) In general—An eligible institution that receives a grant under this subpart shall award stipends to individuals who are provided graduate fellowships under this subpart.

“(B) Awards based on need—A stipend provided under this subpart shall be in an amount equal to the level of support provided by the National Science Foundation graduate fellowships, except that such stipend shall be adjusted as necessary so as not to exceed the fellowship recipient’s demonstrated need, as determined by the institution of higher education where the fellowship recipient is enrolled.

“(3) Service requirement

“(A) Teaching required—Each individual who receives a graduate fellowship under this subpart and earns a doctoral degree shall teach for 1 year at an institution of higher education that has a teacher preparation program for each year of fellowship support received under this section.

“(B) Institutional obligation—Each eligible institution that receives a grant under this subpart shall provide an assurance to the Secretary that the institution has inquired of and determined the decision of each individual who has received a graduate fellowship to, within 3 years of receiving a doctoral degree, begin employment at an institution of higher education that has a teacher preparation program, as required by this section.

“(C) Agreement required—Prior to receiving an initial graduate fellowship award, and upon the annual renewal of the graduate fellowship award, an individual selected to receive a graduate fellowship under this section shall sign an agreement with the Secretary agreeing to pursue a career in instruction at an institution of higher education that has a teacher preparation program in accordance with subparagraph (A).

“(D) Failure to comply—If an individual who receives a graduate fellowship award under this section fails to comply with the agreement signed pursuant to subparagraph (C), the sum of the amounts of any graduate fellowship award received by such recipient shall, upon a determination of such a failure, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV, and shall be subject to repayment, together with interest thereon accruing from the date of the fellowship award, in accordance with terms and conditions specified by the Secretary in regulations under this subpart.

“(E) Modified service requirement—The Secretary may waive or modify the service requirement of this paragraph in accordance with regulations promulgated by the Secretary with respect to the criteria to determine the circumstances under which compliance with such service requirement is inequitable or represents a substantial hardship. The Secretary may waive the service requirement if compliance by the fellowship recipient is determined to be inequitable or represent a substantial hardship—

“(i) because the individual is permanently and totally disabled at the time of the waiver request; or

“(ii) based on documentation presented to the Secretary of substantial economic or personal hardship.

“(f) Institutional support for fellows—An eligible institution that receives a grant under this section may reserve not more than ten percent of the grant amount for academic and career transition support for graduate fellowship recipients and for meeting the institutional obligation described in subsection (e)(3)(B).

“(g) Restriction on use of funds—An eligible institution that receives a grant under this section may not use grant funds for general operational overhead of the institution.

“5 General provisions

“281. Competitive priority

“In awarding grants under subparts 1 through 4, the Secretary shall award competitive priority to eligible institutions, eligible partnerships, and eligible entities that demonstrate in the application for such a grant a plan to—

“(1) increase the diversity in the educator workforce through—

“(A) recruiting, enrolling, and preparing diverse teacher candidates; and

“(B) efforts that help retain diverse teacher candidates in high-needs schools;

“(2) address the shortage of teachers in high-needs fields including science, technology, engineering, arts, mathematics, or computer science through—

added “(A) recruiting, enrolling, and preparing teacher candidates to achieve certification, as required by the State, to offer instruction in high-needs fields, including science, technology, engineering, music, arts, mathematics, or computer science; and

removed “(A) recruiting, enrolling, and preparing teacher candidates to achieve certification, as required by the State, to offer instruction in high-needs fields, including science, technology, engineering, arts, mathematics, or computer science; and

“(B) efforts that help retain teachers of high-needs fields in high-needs schools;

“(3) expand the pipeline of school leaders through preparing teacher leaders, which may be achieved by efforts that may include—

“(A) embedding pedagogical coursework for teacher candidates that fosters—

“(i) leadership and advocacy skills;

“(ii) knowledge of school management and finance;

“(iii) school operations and business skills;

added “(iv) effective use and management of educational and accessible technology;

removed “(iv) effective use and management of educational technology;

“(v) strategies for community and family engagement; and

“(vi) mentorship and coaching strategies; and

“(B) providing opportunities for teacher candidates to receive—

“(i) exposure to and modeling from teacher leaders and school leaders; and

added “(ii) ongoing support and continuation of professional development on teacher or other school leadership once exiting the teacher or other school leader preparation program; and

added “(4) recruit candidates with significant cultural and community competency related to the demographics of the student body in which the candidate will receive a placement, as measured by standards, specified in the plan, which may include—

added “(A) a candidate’s prior record of community service with school-aged children in the community;

added “(B) nominations from members of the community; and

added “(C) a candidate’s involvement in relevant community organizations.”

removed “(ii) ongoing support and continuation of professional development on teacher or other school leadership once exiting the teacher or other school leader preparation program.”

added Section 311(c) of the Higher Education Act of 1965 (20 U.S.C. 1057(c)) is amended—

removed “(4) Scholarship—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”

added “(6) Tutoring, counseling, advising, and student service programs designed to improve academic success, including innovative and customized instructional courses (which may include remedial education and English language instruction) designed to help retain students and move the students rapidly into core courses and through program completion.”

removed “(D) Scholarships—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”

removed “(C) Use of unexpended funds—Any funds paid to an institution and not expended or used for the purposes for which the funds were paid during the 5-year period following the date of the initial grant award, may be carried over and expended during the succeeding 5-year period, if such funds were obligated for a purpose for which the funds were paid during the 5-year period following the date of the initial grant award.”

removed “316A. Native American language vitalization and training program

removed “(a) Establishment

removed “(1) In general—From the amount appropriated under subsection (d), the Secretary shall establish the Native American Language Vitalization and Training Program under which the Secretary shall award grants, on a competitive basis, to eligible institutions to promote the preservation, revitalization, relevancy, and use of Native American languages.

removed “(2) Term—The term of a grant under this section shall be not more than 5 years.

removed “(3) Application

removed “(A) Streamlined process—In carrying out the program under this section, the Secretary shall establish application requirements in such a manner as to simplify and streamline the process for the grant application under this section.

removed “(B) In general—To be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and in accordance with any other application requirements described in subparagraph (A), that the Secretary may prescribe, and including the following:

removed “(i) A description of the 5-year program of the eligible institution for meeting the needs of American Indians, Alaska Natives, Native Hawaiians, or Native American Pacific Islanders, as appropriate, in the area served by the institution, and how such plan is consistent with the purposes described in paragraph (1).

removed “(ii)

removed “(I) An identification of the population to be served by the eligible institution; and

removed “(II) an identification of the status of Native American language understanding and use within that population and a description of the manner in which the program will help preserve and revitalize the relevant Native American language.

removed “(iii) A description of the services to be provided under the program, including the manner in which the services will be integrated with other appropriate language programs available in the relevant community.

removed “(iv) A description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution in carrying out the program.

removed “(b) Use of funds—An eligible institution may use a grant under this section to carry out activities consistent with the purposes described in subsection (a)(1), including—

removed “(1) curriculum development and academic instruction, including educational activities, programs, and partnerships relating to students in early childhood education programs through grade 12;

removed “(2) professional development for faculty at the eligible institution and in-service training programs for early childhood education programs through grade 12 instructors and administrators; and

removed “(3) innovative Native American language programs for students in early childhood education programs through grade 12, including language immersion programs.

removed “(c) Applicability of other provisions

removed “(1) Concurrent funding

removed “(A) Tribal College or University—An eligible institution that is a Tribal College or University may, concurrently, receive a grant under this section and funds under section 316.

removed “(B) Alaska Native-serving institution or Native Hawaiian-serving institution—An eligible institution that is an Alaska Native-serving institution or Native Hawaiian-serving institution may, concurrently, receive a grant under this section and funds under section 317.

removed “(C) Asian American and Native American Pacific Islander-serving institution—An eligible institution that is an Asian American and Native American Pacific Islander-serving institution may, concurrently, receive a grant under this section and funds under section 320.

removed “(2) Exemption—Sections 312(b) and 313(d) shall not apply to an eligible institution that receives a grant under this section.

removed “(d) Authorization of appropriations—There are authorized to be appropriated to carry out this section $20,000,000 (of which $15,000,000 shall be available for Tribal Colleges or Universities and $5,000,000 shall be available for the institutions described in subparagraphs (B) through (D) of subsection (e)(1)) for fiscal year 2021 and each of the 5 succeeding fiscal years.

removed “(e) Definitions—In this section:

removed “(1) Eligible institution—The term eligible institution means—

removed “(A) a Tribal College or University, as defined in section 316;

removed “(B) an Alaska Native-serving institution, as defined in section 317;

removed “(C) a Native Hawaiian-serving institution, as defined in section 317; or

removed “(D) an Asian American and Native American Pacific Islander-serving institution, as defined in section 320, which is located in American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.

removed “(2) Native American—The term Native American has the meaning given the term in section 371(c)(6).”

removed “(D) Scholarships—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”

changed “(A) Eligibility—No Alaskan Native-serving institution of Native Hawaiian-serving institution “(13) Establishing community outreach programs that receives funds under this section shall concurrently receive funds under other provisions of this part, part B, or part A of title V.”will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education.

added “(14) The development, coordination, implementation, or improvement of postsecondary career and technical education programs as defined in section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355).

added “(15) Alignment and integration of career and technical education programs with programs of study, as defined in section 3(41) of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2302(41)), leading to a bachelor’s degree, graduate degree, or professional degree.

added “(16) Developing or expanding access to dual or concurrent enrollment programs and early college high school programs.”

removed “(1) Eligibility—No Predominantly”

removed “(2) Exemption—Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.”

removed “(6) Tutoring, counseling, advising, and student service programs designed to improve academic success, including innovative and customized instructional courses (which may include remedial education and English language instruction) designed to help retain students and move students rapidly into core courses and through program completion.

removed “(7) Funds and administrative management, and acquisition of technology, services, and equipment for use in strengthening funds and administrative management.”

removed “(15) Distance education programs and creating or improving facilities for internet or other distance learning academic instruction capabilities, including the purchase or rental of telecommunications technology equipment or services.

removed “(16) Establishing or improving a program that produces improved results in the educational outcomes of African American males.

removed “(17) Scholarships, fellowships, and other financial assistance for financially needy undergraduate students, as determined by the institution, to permit the enrollment and degree completion of such students in the physical or natural sciences, engineering, mathematics or other scientific disciplines in which African Americans are underrepresented, except that not more than 30 percent of the grant amount may be used for this purpose.

removed “(18) Establishing or improving an office of sponsored programs to assist with identifying external funding opportunities, applying for external funding, and administering grant awards.”

added “(4) Scholarship—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”

added “(D) Scholarships—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”

removed “(4) Scholarships—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”

removed “(A) less than $500,000 for a part B institution which has received a grant under this part, the Secretary shall award the part B institution an allotment in the amount of $500,000; and

removed “(B) less than $250,000 for a part B institution which has not received a grant under this part for a fiscal year prior to fiscal year 2019, the Secretary shall award the part B institution an allotment in the amount of $250,000.”

removed “(3) Limitation for new institutions—Notwithstanding any other provision of this section, no part B institution that would otherwise be eligible for funds under this part shall receive an allotment under this part for a fiscal year, unless—

removed “(A) such institution received an allotment under this part for fiscal year 2019; or

removed “(B) the amount appropriated under section 399(a)(2)(A) for such fiscal year is not less than $282,420,000.”

added “(C) Use of unexpended funds—Any funds paid to an institution and not expended or used for the purposes for which the funds were paid during the 5-year period following the date of the initial grant award, may be carried over and expended during the succeeding 5-year period, if such funds were obligated for a purpose for which the funds were paid during the 5-year period following the date of the initial grant award.”

added “316A. Native American language vitalization and training program

added “(a) Establishment

added “(1) In general—From the amount appropriated under subsection (d), the Secretary shall establish the Native American Language Vitalization and Training Program under which the Secretary shall award grants, on a competitive basis, to eligible institutions to promote the preservation, revitalization, relevancy, and use of Native American languages.

added “(2) Term—The term of a grant under this section shall be not more than 5 years.

added “(3) Application

added “(A) Streamlined process—In carrying out the program under this section, the Secretary shall establish application requirements in such a manner as to simplify and streamline the process for the grant application under this section.

added “(B) In general—To be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and in accordance with any other application requirements described in subparagraph (A), that the Secretary may prescribe, and including the following:

added “(i) A description of the 5-year program of the eligible institution for meeting the needs of American Indians, Alaska Natives, Native Hawaiians, or Native American Pacific Islanders, as appropriate, in the area served by the institution, and how such plan is consistent with the purposes described in paragraph (1).

added “(ii)

added “(I) An identification of the population to be served by the eligible institution; and

added “(II) an identification of the status of Native American language understanding and use within that population and a description of the manner in which the program will help preserve and revitalize the relevant Native American language.

added “(iii) A description of the services to be provided under the program, including the manner in which the services will be integrated with other appropriate language programs available in the relevant community.

added “(iv) A description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution in carrying out the program.

added “(b) Use of funds—An eligible institution may use a grant under this section to carry out activities consistent with the purposes described in subsection (a)(1), including—

added “(1) curriculum development and academic instruction, including educational activities, programs, and partnerships relating to students in early childhood education programs through grade 12;

added “(2) professional development for faculty at the eligible institution and in-service training programs for early childhood education programs through grade 12 instructors and administrators; and

added “(3) innovative Native American language programs for students in early childhood education programs through grade 12, including language immersion programs.

added “(c) Applicability of other provisions

added “(1) Concurrent funding

added “(A) Tribal College or University—An eligible institution that is a Tribal College or University may, concurrently, receive a grant under this section and funds under section 316.

added “(B) Alaska Native-serving institution or Native Hawaiian-serving institution—An eligible institution that is an Alaska Native-serving institution or Native Hawaiian-serving institution may, concurrently, receive a grant under this section and funds under section 317.

added “(C) Asian American and Native American Pacific Islander-serving institution—An eligible institution that is an Asian American and Native American Pacific Islander-serving institution may, concurrently, receive a grant under this section and funds under section 320.

added “(2) Exemption—Sections 312(b) and 313(d) shall not apply to an eligible institution that receives a grant under this section.

added “(d) Authorization of appropriations—There are authorized to be appropriated to carry out this section $20,000,000 (of which $15,000,000 shall be available for Tribal Colleges or Universities and $5,000,000 shall be available for the institutions described in subparagraphs (B) through (D) of subsection (e)(1)) for fiscal year 2021 and each of the 5 succeeding fiscal years.

added “(e) Definitions—In this section:

added “(1) Eligible institution—The term eligible institution means—

added “(A) a Tribal College or University, as defined in section 316;

added “(B) an Alaska Native-serving institution, as defined in section 317;

added “(C) a Native Hawaiian-serving institution, as defined in section 317; or

added “(D) an Asian American and Native American Pacific Islander-serving institution, as defined in section 320, which is located in American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.

added “(2) Native American—The term Native American has the meaning given the term in section 371(c)(6).”

removed “(11) tutoring, counseling, advising, and student service programs designed to improve academic success, including innovative and customized instructional courses (which may include remedial education and English language instruction) designed to help retain students and move students rapidly into core courses and through program completion; and

removed “(12) distance education programs and creating or improving facilities for internet or other distance learning academic instruction capabilities, including the purchase or rental of telecommunications technology equipment or services; and”

added “(D) Scholarships—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”

added “(A) Eligibility—No Alaskan Native-serving institution of Native Hawaiian-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part, part B, or part A of title V.”

added “(1) Eligibility—No Predominantly”

added “(2) Exemption—Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.”

removed “(Y) University of the Virgin Islands School of Medicine.”

added “(6) Tutoring, counseling, advising, and student service programs designed to improve academic success, including innovative and customized instructional courses (which may include remedial education and English language instruction) designed to help retain students and move students rapidly into core courses and through program completion.

added “(7) Funds and administrative management, and acquisition of technology, services, and equipment for use in strengthening funds and administrative management.”

added “(15) Distance education programs and creating or improving facilities for internet or other distance learning academic instruction capabilities, including the purchase or rental of telecommunications technology equipment or services.

added “(16) Establishing or improving a program that produces improved results in the educational outcomes of African American males.

added “(17) Scholarships, fellowships, and other financial assistance for financially needy undergraduate students, as determined by the institution, to permit the enrollment and degree completion of such students in the physical or natural sciences, engineering, mathematics or other scientific disciplines in which African Americas are underrepresented, except that not more than 30 percent of the grant amount may be used for this purpose.

added “(18) Establishing or improving an office of sponsored programs to assist with identifying external funding opportunities, applying for external funding, and administering grant awards.”

added “(4) Scholarships—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”

added “(A) less than $500,000 for a part B institution which has received a grant under this part, the Secretary shall award the part B institution an allotment in the amount of $500,000; and

added “(B) less than $250,000 for a part B institution which has not received a grant under this part for a fiscal year prior to fiscal year 2019, the Secretary shall award the part B institution an allotment in the amount of $250,000.”

added “(3) Limitation for new institutions—Notwithstanding any other provision of this section, no part B institution that would otherwise be eligible for funds under this part shall receive an allotment under this part for a fiscal year, unless—

added “(A) such institution received an allotment under this part for fiscal year 2019; or

added “(B) the amount appropriated under section 399(a)(2)(A) for such fiscal year is not less than $282,420,000.”

removed “(9) may, directly or by grant or contract, provide financial counseling and technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a capital improvement loan, including a loan under this part.”

removed “(10) may provide for the modification or deferment of a loan made under this part based on need of the institution, as defined by the Secretary, for a period not to exceed 6 fiscal years, and, during the period of deferment of such a loan, interest on the loan will not accrue or be capitalized.”

added “(11) tutoring, counseling, advising, and student service programs designed to improve academic success, including innovative and customized instructional courses (which may include remedial education and English language instruction) designed to help retain students and move students rapidly into core courses and through program completion; and

added “(12) distance education programs and creating or improving facilities for internet or other distance learning academic instruction capabilities, including the purchase or rental of telecommunications technology equipment or services; and”

added “(Y) University of the Virgin Islands School of Medicine.”

removed “(2) Report—On an annual basis, the Advisory Board shall prepare and submit to the authorizing committees a report on—

removed “(A) the financial status of the historically Black colleges and universities described in paragraph (1)(A);

removed “(B) an overview of all loans awarded under the program under this part, including the most recent loans awarded for the fiscal year in which the report is submitted; and

removed “(C) administrative and legislative recommendations for addressing the issues related to construction financing facing historically Black colleges and universities.”

removed Section 371(b) of the Higher Education Act of 1965 (20 U.S.C. 1067q(b)) is amended—

removed “(iii) $17,625,000 shall be available for allocation under subparagraph (D);”

added “(9) may, directly or by grant or contract, provide financial counseling and technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a capital improvement loan, including a loan under this part; and”

changed “(C) Allocation and allotment hbcus—The amount made available “(10) may provide for allocation the modification or deferment of a loan made under this subparagraph by subparagraph (A)(ii) for any fiscal year shall be available to eligible institutions described in subsection (a)(1) and shall be made available part based on need of the institution, as grants under section 323 and allotted among such institutions under section 324, treating such amount, plus defined by the amount appropriated Secretary, for such fiscal year in a regular or supplemental appropriation Act period not to carry out part B of this title, as exceed 6 fiscal years, and, during the amount appropriated to carry out part B period of this title for purposes deferment of allotments under section 324, for use by such institutions with a priority for—loan, interest on the loan will not accrue or be capitalized.”

added “(2) Report—On an annual basis, the Advisory Board shall prepare and submit to the authorizing committees a report on—

added “(A) the financial status of the historically Black colleges and universities described in paragraph (1)(A);

added “(B) an overview of all loans awarded under the program under this part, including the most recent loans awarded for the fiscal year in which the report is submitted; and

added “(C) administrative and legislative recommendations for addressing the issues related to construction financing facing historically Black colleges and universities.”

removed “(i) activities described in paragraphs (1), (2), (4), (5), and (10) of section 323(a); and

removed “(ii) other activities, consistent with the institution's comprehensive plan and designed to increase the institution's capacity to prepare students for careers in the physical or natural sciences, mathematics, computer science or information technology or sciences, engineering, language instruction in the less-commonly taught languages or international affairs, or nursing or allied health professions.

removed “(D) Allocation and allotment PBIS—The amount made available for allocation under this subparagraph by subparagraph (A)(iii) for any fiscal year shall be available to eligible institutions described in subsection (a)(5) and shall be available for a competitive grant program to award grants of $600,000 annually for programs in any of the following areas:

removed “(i) science, technology, engineering, or mathematics (STEM);

removed “(ii) health education;

removed “(iii) internationalization or glo­bal­i­za­tion;

removed “(iv) teacher preparation; or

removed “(v) improving educational outcomes of African American males.”

changed Section 399(a) 371(b) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)) 1067q(b)) is amended—

added “(iii) $17,625,000 shall be available for allocation under subparagraph (D); and”

added “(C) Allocation and allotment hbcus—The amount made available for allocation under this subparagraph by subparagraph (A)(ii) for any fiscal year shall be available to eligible institutions described in subsection (a)(1) and shall be made available as grants under section 323 and allotted among such institutions under section 324, treating such amount, plus the amount appropriated for such fiscal year in a regular or supplemental appropriation Act to carry out part B of this title, as the amount appropriated to carry out part B of this title for purposes of allotments under section 324, for use by such institutions with a priority for—

added “(i) activities described in paragraphs (1), (2), (4), (5), and (10) of section 323(a); and

added “(ii) other activities, consistent with the institution's comprehensive plan and designed to increase the institution's capacity to prepare students for careers in the physical or natural sciences, mathematics, computer science or information technology or sciences, engineering, language instruction in the less-commonly taught languages or international affairs, or nursing or allied health professions.

added “(D) Allocation and allotment pbis—The amount made available for allocation under this subparagraph by subparagraph (A)(iii) for any fiscal year shall be available to eligible institutions described in subsection (a)(5) and shall be available for a competitive grant program to award grants of $600,000 annually for programs in any of the following areas:

added “(i) science, technology, engineering, or mathematics (STEM);

added “(ii) health education;

added “(iii) internationalization or globalization;

added “(iv) teacher preparation; or

added “(v) improving educational outcomes of African American males.”

Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended—

“(iii) Subsequent award years

“(I) Award years 2018–2019, 2019–2020 and 2020–2021—For each of the award years 2018–2019, 2019–2020, and 2020–2021 the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to the amount determined under clause (ii) for award year 2017–2018.

“(II) Award year 2021–2022—For award year 2021–2022, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to—

changed “(aa) $6,195 or the total maximum Federal Pell Grant for the preceding award year (as determined under clause (iv)(II)), whichever is greater, increased by $500; $625; reduced by

“(bb) $5,135 or the maximum Federal Pell Grant for which a student was eligible for the preceding award year, as specified in the last enacted appropriation Act applicable to that year, whichever is greater, and

changed “(cc) rounded to the nearest neared $5.

“(III) Award year 2022–2023 and each subsequent award year—For award year 2022–2023 and each subsequent award year, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to—

changed “(aa) $6,695 $6,820 or the total maximum Federal Pell Grant for the preceding award year (as determined under clause (iv)(II)), whichever is greater, increased by a percentage equal to the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; reduced by

“(bb) $5,135 or the maximum Federal Pell Grant for which a student was eligible for the preceding award year, as specified in the last enacted appropriation Act applicable to that year, whichever is greater; and

“(cc) rounded to the nearest $5.”

“(k) Job training Federal Pell Grant program

“(1) In general—For the award year beginning on July 1, 2021, and each subsequent award year, the Secretary shall carry out a program through which the Secretary shall award job training Federal Pell Grants to students in eligible job training programs approved by the Secretary in accordance with paragraph (4).

“(2) Terms and conditions—Each job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as a Federal Pell Grant awarded under subsection (a), except as follows:

“(A) A student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who—

“(i) has not yet attained a postbaccalaureate degree; and

“(ii) is enrolled, or accepted for enrollment, in an eligible job training program at an institution of higher education.

“(B) The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b), except that subsection (b)(4) shall not apply.

“(3) Treatment of job training Federal Pell Grant

“(A) Inclusion in total eligibility period—The period during which a student received a job training Federal Pell Grant under this subsection shall be included in calculating the duration limits with respect to such student under subsection (c)(5) and to the extent that such period was a fraction of a semester or the equivalent, only that same fraction of such semester or equivalent shall count towards such duration limits.

“(B) Prevention of double benefits—No student may for the same payment period receive both a job training Federal Pell Grant under this subsection and a Federal Pell Grant under subsection (a).

“(4) Approval of eligible job training programs

“(A) Eligible job training program—An eligible job training program shall be a career and technical education program at an institution of higher education that the Secretary determines meets the following requirements:

“(i) The job training program provides not less than 150, and less than 600, clock hours of instructional time over a period of not less than 8, and less than 15, weeks.

“(ii) The job training program provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area in which the job training program is provided, as determined by an industry or sector partnership in such State or local area.

“(iii) The job training program has been determined by the institution of higher education and by such industry or sector partnership to provide academic content, an amount of instructional time, and a recognized postsecondary credential that are sufficient to—

“(I) meet the hiring requirements of potential employers in the sectors or occupations described in clause (ii); and

“(II) satisfy any applicable educational prerequisite requirement for professional license or certification, so that a student who completes the program and seeks employment is qualified to take any licensure or certification examination needed to practice or find employment in such sectors or occupations.

“(iv) The job training program prepares students to pursue related certificate or degree programs at an institution of higher education, including—

“(I) by ensuring the acceptability of the credits received under the job training program toward meeting such certificate or degree program requirements (such as through an articulation agreement); and

“(II) by ensuring that a student who completes noncredit coursework in the job training program, upon completion of the job training program and enrollment in such a related certificate or degree program, will receive academic credit for such noncredit coursework that will be accepted toward meeting such certificate or degree program requirements.

“(v) The job training program provides to the Secretary the annual earnings expected to be paid in the sectors or occupations for which the program provides training not later than 6 months after completion of such program (in this subsection referred to as the “expected earnings”), as such earnings are determined by an industry or sector partnership in the State or local area in which the program is provided, and which shall be—

“(I) greater than the average or median annual earnings paid to individuals with only a high school diploma (or the equivalent) based on the most recently available data from the Bureau of Labor Statistics or the Bureau of the Census with respect to such State or local area, or the Nation as a whole, as selected by such program;

“(II) validated by the Secretary; and

“(III) used to review the job training program under subparagraph (C).

“(vi) The job training program is part of a career pathway, and includes counseling for students to—

“(I) support each such student in achieving the student’s education and career goals; and

“(II) ensure that each such student receives information on—

changed “(aa) the sectors or occupations described in clause (ii) for which the job training program provides training (including the expected earnings to be paid, and, if available, the mean and median earnings (described in subparagraph (C)(ii)) paid, in such sectors or occupations); occupations)); and

“(bb) the related certificate or degree programs described in clause (iv) for which the job training program provides preparation.

“(vii) The job training program meets the requirements under section 104 that are applicable to a program of training to prepare students for gainful employment in a recognized occupation.

“(viii) The job training program does not exceed by more than 50 percent the minimum number of clock hours required by a State to receive a professional license or certification in the State.

“(ix) The job training program is provided by an institution of higher education that—

“(I) is approved by an accrediting agency or association that meets the requirements of section 496(a)(4)(C);

“(II) during the preceding 5 years, has not been subject to any adverse actions or negative actions by the accrediting agency or association of the institution, State or Federal enforcement agencies, or the Secretary;

“(III) is listed on the provider list under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); and

“(IV) has a designated official responsible for engaging with the workforce development system in the State or local area in which the job training program is provided.

“(x) The job training program has a verified completion rate and a verified annual earnings rate that meets the requirements of clauses (i) and (iii) of section 481(b)(2)(A), respectively, and satisfies the criteria described in clause (v) of such section.

“(xi) The State board representing the State in which the job training program is provided certifies to the Secretary that the program meets the requirements of clauses (ii), (viii), and (ix)(III).

“(B) Initial approval by the Secretary—Not later than 180 days after the date on which a job training program is submitted for approval under this subparagraph, the Secretary shall make a determination as to whether such job training program is an eligible job training program in accordance with subparagraph (A).

“(C) Review of approval

“(i) In general—Not later than 3 years after the date an eligible job training program is approved under subparagraph (B), and not less than once every 3 years thereafter, the Secretary shall, using the data collected under paragraph (5) and such other information as the Secretary may require, determine whether such job training program continues to meet the requirements of subparagraph (A).

“(ii) Requirements—Subject to clause (iii), a determination under clause (i) that a job training program continues to meet the requirements of subparagraph (A) shall, at a minimum, require the Secretary to determine that the mean or median earnings (whichever is higher) paid to students not later than 6 months after completing such program is equal to or greater than the expected earnings of the program.

“(iii) Exception and appeals

“(I) Exception—The Secretary may extend, by not more than an additional 6 months, the period by when, after completion of the job training program, the mean or median earnings (whichever is higher) paid to students meets the requirements of clause (ii), in a case in which the job training program requesting such extension provides sufficient justification for such extension (as determined by the Secretary).

“(II) Appeals—Not later than 60 days after receiving notification from the Secretary of the loss of eligibility resulting from the review under subparagraph (C), a job training program may appeal any loss of eligibility under this subparagraph by demonstrating extenuating circumstances.

“(III) Secretarial requirements—The Secretary shall issue a decision on any appeal submitted by a job training program under subclause (II) not later than 45 days after its submission.

“(5) Data collection—Using the postsecondary student data system established under section 132(l) or a successor system (whichever includes the most recent data) to streamline reporting requirements and minimize reporting burdens, and in coordination with the National Center for Education Statistics, the Secretary of Labor, and each institution of higher education offering an eligible job training program under this subsection, the Secretary shall, on at least an annual basis, collect data with respect to each such eligible job training program, including the following:

“(A) The number and demographics of students who enroll in the program.

“(B) The number of credits attempted and accumulated annually by students enrolled in the program.

“(C) The share of such students who cease enrollment on or before the completion of 60 percent of the payment period or period of enrollment.

“(D) The verified completion rate and the verified annual earnings rate described in clauses (i) and (iii) of section 481(b)(2)(A), respectively, for the program.

“(E) The number and demographics of—

“(i) students who complete the program; and

“(ii) students who do not complete the program.

“(F) The outcomes of the students who complete the program, including—

“(i) the share of such students who continue enrollment at the institution of higher education offering the program;

“(ii) the share of such students who transfer to another institution of higher education;

“(iii) the share of such students who complete a subsequent certificate or degree program;

“(iv) the share of such students who secure employment 6 months and 1 year, respectively—

“(I) after completion of such program; or

“(II) in the case of a program that prepares students for a professional license or certification exam, after acquiring such license or certification;

“(v) the expected earnings in the sectors or occupations for which the program provides training;

“(vi) the mean and median earnings paid in such sectors or occupations to such students not later than 6 months after completing such program (as described in paragraph (4)(C)(ii)); and

“(vii) in the case of a job training program that prepares students for a professional license or certification exams, the share of such students who pass such exams.

“(6) Title of job training Federal Pell Grant—Grants made under this subsection shall be known as “job training Federal Pell Grants”.

“(7) Definitions—In this subsection:

“(A) Articulation agreement—The term articulation agreement has the meaning given the term in section 486A.

“(B) Career and technical education—The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2302).

“(C) Institution of higher education—The term institution of higher education means an eligible institution for purposes of this subpart that is an institution of higher education (as defined in section 101) or a postsecondary vocational institution (as defined in section 102(c)).

“(D) WIOA definitions—The terms career pathway, industry or sector partnership, in-demand industry sector or occupation, recognized postsecondary credential, State board, and workforce development system have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”

“(n) Federal Pell Grants on behalf of incarcerated individuals

“(1) Institutional requirements—An eligible institution may not award a Federal Pell Grant to an incarcerated individual or on behalf of such individual, unless the institution meets the following:

“(A) The institution is approved to enroll incarcerated individuals by—

“(i) the Secretary in accordance with paragraph (2); and

“(ii) an accrediting agency or association that meets the requirements of section 496(a)(4)(D).

changed “(B) The eligible institution—

“(i) is an institution of higher education (as defined in section 101) or a postsecondary vocational institution (as defined in section 102(c)); and

“(ii) during the preceding 5 years, has not been subject to the denial, withdrawal, suspension, or termination of accreditation.

“(C) The institution provides each incarcerated individual, upon completion of a course offered by the institution, with academic credits that are the equivalent to credits earned by non-incarcerated students for an equivalent course of study.

“(D) The institution provides to the Secretary confirmation from each facility involved that the course of study offered by the institution at such facility is accessible to incarcerated individuals (including such individuals who are individuals with disabilities).

“(E) The institution does not enroll incarcerated individuals in a course of study offered primarily as a distance education program, except in a case in which the institution provides to the Secretary—

“(i) confirmation that the distance education program offers levels of faculty interaction, peer engagement, and student support sufficient to enable incarcerated individuals to successfully participate in such a program; and

changed “(ii) evidence of the institution’s success in offering other distance education programs.programs;

“(F) The institution develops and carries out a process to allow each incarcerated individual to access the transcripts and any other educational records of such individual held by the institution, without regard to the facility at which the individual is being held or whether the individual has been released from such a facility.

“(G) The institution develops and carries out a process to allow each incarcerated individual an opportunity to provide feedback on courses that is comparable to the opportunity to provide such feedback that the institution offers to non-incarcerated students.

“(H) The institution does not directly charge an incarcerated individual—

“(i) in the case of such an individual who is an individual with a disability, for any cost of the provision of reasonable accommodations for the individual to participate in a course of study offered by the institution;

“(ii) in the case of such an individual with an expected family contribution for an award year that would not disqualify the individual from receiving a Federal Pell Grant, for any amount of the cost of attendance not covered by the Federal Pell Grant or other Federal assistance received by the institution on behalf of the individual by ensuring that any such amount is offset—

“(I) by a State or institutional grant; or

“(II) other non-Federal financial assistance that does not have to be repaid by such individual; or

“(iii) in the case of such an individual with an expected family contribution for an award year that would disqualify the individual from receiving a Federal Pell Grant, an amount that exceeds such expected family contribution.

“(I) The institution makes available to incarcerated individuals who are considering enrolling in a course of study offered by the institution, in simple and understandable terms, the following:

“(i) Information with respect to each course of study at the institution for which such an individual may receive a Federal Pell Grant, including—

“(I) the cost of attendance;

“(II) the mode of instruction (such as distance education, in-person instruction, or a combination of such modes);

“(III) how enrollment in such course of study will impact the period of eligibility for Federal Pell Grants for such an individual, including in a case in which the individual is transferred to another facility or released before the completion of such course;

“(IV) the transferability of credits earned, and the acceptability of such credits toward a certificate or degree program offered by the institution;

“(V) the process for continuing postsecondary education—

“(aa) upon transfer to another facility; or

“(bb) after the student’s period of incarceration or confinement; and

“(VI) the process for continuing enrollment at the institution after the student’s period of incarceration or confinement, including any barriers to admission (such as criminal history questions on applications for admission to such institution).

“(ii) In the case of an institution that offers a program to prepare incarcerated individuals for gainful employment in a recognized occupation (as such term is defined in section 104)—

“(I) information on any applicable State licensure and certification requirements, including the requirements of the State in which the facility involved is located and each State in which such individuals permanently reside; and

“(II) restrictions related to the employment of formerly incarcerated individuals for each recognized occupation for which the course of study prepares students, including such restrictions—

“(aa) in Federal law; and

“(bb) in the laws of the State in which the facility involved is located and each State in which such individuals permanently reside.

“(J) The institution submits the information described in subparagraph (I) to each facility involved, the Secretary, and the accrediting agency or association described in subparagraph (A)(ii).

“(2) Approval by the Secretary

changed “(A) Initial eligibility—With respect to an eligible institution that seeks to award Federal Pell Grants to incarcerated individuals under this subsection, the Secretary shall make an initial determination about whether such institution meets the requirements of this subsection, which shall include a confirmation that the institution—

“(i) has secured the approval required under paragraph (1)(A)(ii); and

“(ii) meets the requirements of paragraph (1)(B).

“(B) Ongoing eligibility—Not later than 5 years after the Secretary makes an initial determination under subparagraph (A) that an institution meets the requirements of this subsection, and not less than every 5 years thereafter, the Secretary shall determine whether such institution continues to meet the requirements of this subsection, based on—

“(i) a review of the data collected under paragraph (3) with respect to the courses of study offered by such institution in which incarcerated individuals are enrolled, and other applicable information that may be available to the Secretary; and

“(ii) whether such institution meets the requirements of paragraph (1).

“(3) Data collection—The Secretary shall, on at least an annual basis, collect data with respect to each course of study offered by each institution at which incarcerated individuals are enrolled, including—

“(A) the demographics of such individuals;

“(B) the share of such individuals receiving Federal Pell Grants;

“(C) information on the academic outcomes of such individuals (such as credits attempted and earned, and credential and degree completion);

“(D) to the extent practicable, information on post-release outcomes of such individuals (such as continued postsecondary enrollment, employment, and recidivism); and

“(E) any data from student satisfaction surveys conducted by the institution or the facility involved regarding such course of study.

“(4) Best practices in educating incarcerated individuals—Not later than 3 years after the date of enactment of the College Affordability Act, and at least once every 3 years thereafter, the Secretary shall collect and disseminate to institutions awarding Federal Pell Grants to incarcerated individuals under this subsection, best practices with respect to the postsecondary education of such individuals.

“(5) Definitions—In this subsection:

“(A) Facility—The term facility means—

“(i) a place used for the confinement of individuals convicted of a criminal offense that is owned by, or under contract to, the Bureau of Prisons, a State, or a unit of local government; or

“(ii) a facility to which an individual subject to involuntary civil confinement is committed.

“(B) Facility involved—The term facility involved means, when used with respect to an institution of higher education, a facility at which a course of study of the institution is offered to incarcerated individuals.

“(C) Incarcerated individual—The term incarcerated individual means an individual who is incarcerated in a facility or who is subject to an involuntary civil commitment.

“(D) Non-incarcerated student—The term non-incarcerated student means a student at an institution of higher education who is not an incarcerated individual.”

“(A) Accountability for outcomes—In making grants under this chapter, the Secretary shall consider each applicant’s prior success in achieving high-quality service delivery, as determined under subsection (f) under the particular program for which funds are sought. The level of consideration given the factor of prior success in achieving high-quality service delivery shall not vary from the level of consideration given such factor during fiscal years 1994 through 1997, except that grants made under section 402H shall not be given such consideration.”

“(7) Inclusion of homeless and foster students—The Secretary shall, as appropriate, require each applicant for funds under the programs authorized by this chapter (other than the programs authorized under section 402E or 402G) to identify and conduct outreach to foster care youth and homeless individuals and make available to foster care youth and homeless individuals services under such programs, including mentoring, tutoring, and other services provided by such programs.”

“(vii) Technical components of applications

“(I) Treatment of nonsubstantive technical components of applications—With respect to any competition for a grant under this chapter, the Secretary may not reject grant applications on the sole basis of a failure to meet page limits and formatting standards (including with respect to font size, font style, font type, line spacing, paragraph justification, and page margins).

“(II) Treatment of technical budget errors in applications

“(aa) In general—With respect to any competition for a grant under this chapter, the Secretary may not reject grant applications on the sole basis of a typographical or rounding error in a proposed budget until the Secretary has given the applicant an opportunity for correction in accordance with item (bb).

“(bb) Notice and opportunity for correction—The Secretary shall provide notice and identification of an error described in item (aa) to the applicant before awarding grants for each competition and shall allow the applicant to submit a revised application that corrects the identified error.

“(cc) Treatment of revised applications—The Secretary shall treat the revised application in the same manner as a timely submitted application.

“(dd) Failure to correct—If an applicant has received a notice and opportunity for correction of a typographical or rounding error in a proposed budget in accordance with item (bb) and the applicant fails to correct the error and submit a revised application, the Secretary may reject or penalize that grant application.”

“(E) documentation that the student has been determined eligible for a Federal Pell Grant authorized under section 401; or

“(F) for a grant authorized under section 402B or 402F of this chapter, documentation that a student is attending a school that—

“(i) elects, or for which the local educational agency serving the school elects on behalf of the school, to receive special assistance payment under section 11(a)(1)(F)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(ii)); or

“(ii) had a percentage of enrolled students who were identified students (defined in clause (i) of section 11(a)(1)(F) of such Act (42 U.S.C. 1759a(a)(1)(F))) that meets or exceeds the threshold described in clause (viii) of such section (42 U.S.C. 1759a(a)(1)(F)) during the school year that ends prior to the first period for which such grant is awarded.”

“(E) documentation that the student has been determined to be eligible for a Federal Pell Grant authorized under section 401; or

“(F) for a grant authorized under section 402B or 402F of this chapter, documentation that a student is attending a school that—

“(i) elects, or for which the local educational agency serving the school elects on behalf of the school, to receive special assistance payment under section 11(a)(1)(F)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(ii)); or

“(ii) had a percentage of enrolled students who were identified students (defined in clause (i) of section 11(a)(1)(F) of such Act (42 U.S.C. 1759a(a)(1)(F))) that meets or exceeds the threshold described in clause (viii) of such section (42 U.S.C. 1759a(a)(1)(F)) during the school year that ends prior to the first period for which such grant is awarded.”

“(v) the completion of financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admissions applications;”

“(vi) the completion of financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admission applications;”

“(C) For programs authorized under section 402C that specifically target veterans, the extent to which the eligible entity met or exceeded the entity’s objectives for such program regarding—

“(i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period of the program;

“(ii) such students’ academic performance as measured by standardized tests;

“(iii) the retention and completion of participants in the program;

“(iv) the provision of assistance to students served by the program in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admission applications;

“(v) the enrollment of such students in an institution of higher education; and

“(vi) to the extent practicable, the postsecondary completion of such students.”

“(aa) the transfer of such students to institutions of higher education that offer baccalaureate degrees, regardless of whether the transferring student completes a degree or certificate; or

“(bb) the completion of a degree or certificate by such students at any accredited institution within 4 years of initial enrollment in the project;”

“(v) the attainment of doctoral degrees by former program participants within 10 years of receiving the baccalaureate degree.”

“(4) Homeless individual—The term homeless individual has the meaning given the term homeless children and youth under section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).

“(5) Low-income individual—The term low-income individual means—

“(A) an individual from a family whose taxable income for the preceding year did not exceed 150 percent of the poverty line applicable to the individual’s family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2));

“(B) an individual whose taxable income as reported on the individual’s most recently completed Free Application for Federal Student Aid under section 483(a) did not exceed 150 percent of such poverty line;

“(C) an individual who has been determined to be eligible for a Federal Pell Grant authorized under section 401; or

“(D) for grants authorized under 402B and 402F of this chapter, a student who is attending a school that—

“(i) elects, or for which the local educational agency serving the school elects on behalf of the school, to receive special assistance payment under section 11(a)(1)(F)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(ii)); or

“(ii) had a percentage of enrolled students who were identified students (defined in clause (i) of section 11(a)(1)(F) of such Act (42 U.S.C. 1759a(a)(1)(F))) that meets or exceeds the threshold described in clause (viii) of such section (42 U.S.C. 1759a(a)(1)(F)) during the school year that ends prior to the first year of the period for which such grant is awarded.”

Section 402C of the Higher Education Act of 1965 (20 U.S.C. 1070a–13) is amended—

“(5) assistance to students and their families regarding career choice;

changed “(6) education or counseling services designed to education improve the financial literacy and economic literacy of students or the students’ parents in order to aid them in making informed decisions about the postsecondary education selection process and assist students and their families in making informed choices regarding the postsecondary education selection process; and

“(7) in the case of such a project that is not specifically designed for veterans, as part of core curriculum, instruction in mathematics through pre-calculus, science, foreign language, language arts, and literature, and in the case of such a project that is specifically designed for veterans, instruction in mathematics through pre-calculus, science, foreign language, and language arts.”

“(6) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless individuals, including unaccompanied youth and foster care youth;

“(7) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless individuals and foster care youth regarding the project; and

“(8) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless individuals and foster care youth.”

changed “(i) meeting or exceeding the stated objectives regarding the outcome criteria under section 402A(f);

“(ii) enhancing the access of low-income individuals and first-generation college students to postsecondary education;

“(iii) preparing individuals for postsecondary education; and

“(iv) comparing students who participate in the programs funded under this chapter with students who do not participate in such programs with respect to—

“(I) level of education completed;

“(II) retention rates;

“(III) graduation rates;

“(IV) college admission and completion rates; and

“(V) other issues as the Secretary considers appropriate.”

“(2) Practices—The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are effective in—

“(A) enhancing the access of low-income individuals and first-generation college students to postsecondary education;

“(B) the preparation of such individuals and students for postsecondary education;

“(C) fostering the success of the individuals and students in postsecondary education; and

“(D) for programs and projects assisted under section 402C, the characteristics of students who benefit most from such programs and projects.”

“(e) Report regarding homeless individuals and foster care youth—Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes—

“(1) where available, data on the number of homeless individuals and foster care youth served through the project; and

“(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless individuals and foster care youth.”

changed Chapter 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–21 et seq.) is amended—

“(3) Priority—In making awards to eligible entities described in subsection (c), the Secretary may give a competitive priority—

“(A) to eligible entities that—

“(i) on the day before the date of enactment of the College Affordability Act, carried out successful educational opportunity programs under this chapter (as this chapter was in effect on such day); and

“(ii) have a prior, demonstrated commitment to early intervention leading to college access and readiness through collaboration and replication of successful strategies; or

“(B) to eligible entities that ensure that students that received assistance under this chapter on the day before the date of enactment of the College Affordability Act continue to receive such assistance through the completion of secondary school.”

“(4) Multiple award prohibition

“(A) In general—An eligible entity described in subsection (c)(1) that receives a grant under this chapter shall not be eligible to receive an additional grant under this chapter until after the date on which the grant period with respect to such grant expires.

“(B) Exception for no-cost extension—Notwithstanding subparagraph (A), an eligible entity described in subsection (c)(1) that receives a grant under this chapter that has been extended under section 75.261 of title 34, Code of Federal Regulations may receive an additional grant under this chapter prior to the date on which the grant period applicable to such extension expires.”

“(K) provide an assurance that the eligible entity has reviewed and revised policies and practices as needed to remove barriers to the participation and retention of homeless individuals (as defined in section 402A) in the program, including unaccompanied youth and foster care youth;

“(L) describe the activities that will be undertaken to reach out to such homeless individuals and foster care youth as part of the program; and

“(M) provide an assurance that the eligible entity will prepare and submit the report required under section 404G(c) at the conclusion of the grant regarding such homeless individuals and foster care youth.”

“(d) Peer review panels and competitions—The Secretary shall—

“(1) convene peer review panels to assist in making determinations regarding the awarding of grants under this chapter; and

“(2) host a grant competition to make new awards under this chapter in any year in which there are funds available to make new awards.”

“(E) counseling or referral services to address the behavioral, social-emotional, and mental health needs of at-risk students;”

“(M) capacity building activities that create college-going cultures in participating schools and local educational agencies.”

“(16) Creating or expanding secondary school drop-out recovery programs that allow students who have dropped out of secondary school to complete a regular secondary school diploma and begin college-level work.

“(17) Establishing data collection and data sharing agreements to obtain, analyze, and report postsecondary outcome data for eligible students for a period of not more than 72 months after the end of the grant award period, which may include postsecondary enrollment, persistence, and completion data.

“(18) Establishing or maintaining an agreement with a consortium of eligible entities described in section 404A(c) to—

“(A) foster collaborative approaches to research and evaluation;

“(B) improve the quality of data collection, data sharing, analysis and reporting; and

“(C) apply evidence to improve programs and evaluation under this chapter.

“(19) Facilitating the recruitment, participation, and retention of homeless individuals (as defined in section 402A) and foster care youth in the services provided under this chapter, including—

“(A) establishing partnerships with community-based organizations, child welfare agencies, homeless shelters, and local educational agency liaisons for homeless individuals to identify such individuals and youth, improve policies and practices, and to establish data sharing agreements;

“(B) carrying out activities (consistent with the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.)) to facilitate continued participation of students who are no longer enrolled in a school served under this chapter due to changes in residence resulting from homelessness or foster care placement, including—

“(i) allowing continued participation when such a student is no longer enrolled, on a temporary basis, in a school served under this chapter; or

“(ii) providing transitional services and referrals when such a student is no longer enrolled, on a permanent basis, in a school served under this chapter; and

“(C) carrying out other activities to meet the needs of such homeless individuals and foster care youth.

“(20) Providing services under this chapter to students who have received services under a previous grant award under this chapter but have not yet completed grade 12.”

“(4) eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or”

“(2) Application requirements

“(A) Plan for maintenance of financial assistance—An eligible entity proposing to establish or maintain a financial assistance program providing scholarships for students assisted by the program of the eligible entity under this chapter shall include a plan regarding the financial application program with the application submitted under section 404C.

“(B) Scholarship details—Under a plan described in subparagraph (A), an eligible entity—

“(i) may elect to offer 1 or more types of scholarships; and

“(ii) shall describe, for each type of scholarship—

“(I) the minimum and maximum awards for the scholarships, consistent with subsection (d), based on criteria and disbursement priorities established by the eligible entity;

“(II) the duration of the scholarships, which may be single-year or multi-year awards;

“(III) the enrollment requirements for participating students, which may include providing scholarships for participating students who are enrolled in an institution of higher education on less than a full-time basis during any award year; and

“(IV) any additional student eligibility criteria established by the eligible entity for earning and maintaining scholarships under this section, including—

“(aa) financial need;

“(bb) meeting participation milestones in the activities offered by the eligible entity under section 404D;

“(cc) meeting and maintaining satisfactory academic milestones; and

“(dd) other criteria aligned with State and local goals to incentivize postsecondary readiness, access, and success.”

“(A) demonstrates that the eligible entity has another means of providing the students with the financial assistance described in this section or eligible students have reasonable access to State and local financial assistance programs; and

“(B) describes such means or access in the application submitted under section 404C.”

“(1) In general

“(A) Scholarship plan—Each eligible entity described in section 404A(c)(1) that receives a grant under this chapter shall hold in reserve, for the students served by such grant as described in section 404B(d)(1)(A) or 404D(d), an estimated amount that is based on the eligible entity’s scholarship plan described in subsection (a)(1).

“(B) Interest use—Interest earned on funds held in reserve under subparagraph (A) may be used by the eligible entity to administer the scholarship program during the award period and through the post-award period described in paragraph (4).”

“(B) the costs associated with enrolling in an institution of higher education; and”

“(3) include the following metrics:

“(A) The number of students completing the Free Application for Federal Student Aid under section 483.

“(B) If applicable, the number of students receiving a scholarship under section 404E.

“(C) The graduation rate of participating students from high school.

“(D) The enrollment of participating students in postsecondary education.

“(E) Such other metrics as the Secretary may require.”

“(c) Report on homeless individuals and foster care youth—Each eligible entity that receives a grant under section 404A shall, at the conclusion of such grant, prepare and submit a report to the Secretary that includes—

“(1) where available, the number of homeless individuals (as defined in section 402A) and foster care youth served through the program; and

“(2) a description of any strategies or program enhancements that were used by the eligible entity in carrying out the program that were effective in meeting the needs of such homeless individuals and foster care youth.”

“(1) provide pre-application technical assistance workshops for eligible entities and potential applicants in any year in which new awards are expected to be made;

“(2) support initiatives designed to improve the research, data collection and infrastructure, and evaluation capacity of eligible entities; and

“(3) evaluate the effectiveness of the program and, as appropriate, disseminate the results of the evaluation. Such evaluation may include a separate analysis of—”

Section 413A of the Higher Education Act of 1965 (20 U.S.C. 1070b) is amended—

“(a) Purpose of subpart—It is the purpose of this subpart to—

“(1) provide, through institutions of higher education, supplemental grants to assist in making available the benefits of postsecondary education to qualified students who demonstrate financial need in accordance with the provisions of part F of this title; and

“(2) to establish grant programs at various institutions of higher education, as defined in section 101, to determine best practices and policies regarding the distribution of emergency grant aid to assist students in completing their program of study, notwithstanding aid they may have received in accordance with the provisions of part F of this title.”

“(A) $1,150,000,000 for fiscal year 2021;

“(B) $1,300,000,000 for fiscal year 2022;

“(C) $1,450,000,000, for fiscal year 2023;

“(D) $1,600,000,000 for fiscal year 2024; and

“(E) $1,750,000,000 for fiscal year 2025 and each succeeding fiscal year.”

changed “(2) For the purpose of enabling the Secretary to fund emergency grant aid programs under section 440D, 420DD, there are allocated, from funds authorized under paragraph (b)(1), $12,500,000 for fiscal year 2021 and each of the 5 succeeding fiscal years.”

changed Section 413C(a) of the Higher Education Act of 1965 (20 U.S.C. 1070b–2) 1070b-2) is amended—

“(4) agrees that the Federal share of an award under this subpart to an institution eligible for assistance under title III or title V shall equal 100 percent of such award.”

changed Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.) is amended by adding at the end inserting after subpart 12, as added by section 4093, the following:

changed “11 “13 Emergency Financial Aid Grants

changed “440D. “420DD. Emergency financial aid grant program

“(a) Emergency financial aid grant programs authorized—The Secretary shall carry out a grant program to make grants, in accordance with subsection (c), to eligible entities to provide emergency financial aid grants to students in accordance with subsection (d).

“(b) Matching funds

“(1) Limitation on amount of Federal share—Except as provided in paragraph (3), the Federal share of the cost of any emergency grant aid program carried out under this section may not exceed 50 percent.

“(2) Limitation—Matching funds provided by an eligible entity under this subsection may not include in-kind contributions.

“(3) Exceptions—The Federal share of the cost of an emergency grant aid program carried out under this section shall equal 100 percent if the institution carrying out the emergency grant aid is an institution of higher education eligible for assistance under title III or V.

“(c) Application

“(1) In general—Each eligible entity desiring to carry out an emergency grant aid program under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require.

“(2) Outreach—The Secretary shall, at least 30 days before each deadline to submit applications under paragraph (1), conduct outreach to institutions of higher education described in subsection (b)(3) to provide such institutions with information on the opportunity to apply under paragraph (1) to carry out an emergency grant aid program under this section.

“(3) Contents—Each application under paragraph (1) shall include a description of the emergency grant aid program to be carried out by the eligible entity, including—

“(A) an estimate of the number of emergency financial aid grants that such entity will make in an award year and how such eligible entity assessed such estimate;

“(B) the criteria the eligible entity will use to determine an emergency for which an eligible student will be eligible to receive an emergency financial aid grant;

“(C) an assurance that an emergency for which an eligible student will be eligible to receive an emergency financial aid grant will include financial challenges that would directly impact the ability of an eligible student to continue and complete the course of study of such student, including—

“(i) a loss of employment, transportation, child care, utilities, or housing of the student;

“(ii) a medical condition (including pregnancy) of the student, or a dependent of the student;

“(iii) with respect to the eligible student, food insecurity; and

“(iv) in the case of an eligible student who is a dependent student—

“(I) the death of a parent or guardian of such eligible student; or

“(II) a medical condition of the parent or guardian of such eligible student which results in the loss of employment of such parent or guardian;

“(D) a description of the process by which an eligible student may apply and receive an emergency financial aid grant;

“(E) an assurance that the eligible entity, when applicable, will make information available to eligible students about the eligibility of such students and their dependents for assistance under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the special supplemental nutrition program for women, infants, and children under the Child Nutrition Act of 1966 (42 U.S.C. 1786), and the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);

“(F) how the eligible entity will administer the emergency grant aid program, including the processes the eligible entity will use to respond to applications, approve applications, and disburse emergency financial aid grants outside of normal business hours;

“(G) an assurance that the process by which an eligible student applies for an emergency financial aid grant includes—

“(i) to the extent practicable, an interview; and

“(ii) at least one opportunity to appeal a denial of such a grant;

“(H) an assurance that the eligible entity will acknowledge receipt of a student’s request and distribute funds in a timely manner as determined by the Secretary;

“(I) a description of how the school intends to limit fraud or abuse; and

“(J) any other information the Secretary may require.

“(4) Priority—In selecting eligible entities to carry out an emergency grant aid program under this section, the Secretary shall give priority to an eligible entity in which at least 30 percent of the students enrolled at such eligible entity are eligible to receive a Federal Pell Grant.

“(d) Use of funds

“(1) In general—An eligible entity may only use funds provided under this section to make emergency financial aid grants to eligible students.

“(2) Limitations

“(A) Amount—An emergency financial aid grant to an eligible student may not be in an amount greater than $750.

“(B) Total amount—The total amount of the Federal share of emergency financial aid grants that an eligible student may receive from an eligible entity may not exceed $2,000. An eligible student may receive an amount under this section that would cause the amount of total financial aid received by such student to exceed the cost of attendance of the institution of higher education in which the student is enrolled.

“(e) Reporting and oversight

“(1) In general—Not less frequently than once annually, each eligible entity that receives a grant under this subpart shall submit to the Secretary a report on the progress of the eligible entity in carrying out the programs supported by such grant.

“(2) Form of report—The report under paragraph (1) shall be submitted to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall issue uniform guidelines describing the information that shall be reported by grantees under such paragraph.

changed “(3) Content of reportreport.— The report under paragraph (1) shall include, at minimum, the following:

changed “(A) In general—The report under paragraph (1) shall include, at minimum, The number of students that received a grant, including the following:number of students who received more than one grant.

changed “(i) “(B) The number of students that received a grant, including the number of students who received more than one grant.average award amount awarded to eligible students.

changed “(ii) “(C) The average award amount awarded to types of emergencies declared and frequencies emergencies declared by eligible students.

changed “(iii) “(D) The types number of emergencies declared and frequencies emergencies declared by eligible students.students that applied for emergency grant aid.

changed “(iv) “(E) The number of students that applied for emergency grant aid.were denied such grants.

changed “(v) “(F) The number average amount of students that were denied such grants.time it took an eligible entity to respond to requests for emergency grant aid and average amount of time it took the eligible entity to award or deny the emergency grant aid.

changed “(vi) The average amount “(G) Outcomes of time it took an the eligible entity to respond to requests for students that received emergency grant aid aid, including rates of persistence, retention, and average amount completion, and a comparison of time it took the eligible entity such rates for such students as compared to award or deny such rates for Federal Pell recipients at the emergency grant aid.institution.

removed “(vii) Outcomes of the eligible students that received emergency grant aid, including rates of persistence, retention, and completion, and a comparison of such rates for such students as compared to such rates for Federal Pell recipients at the institution.

“(f) Definitions—In this section:

“(1) Eligible entity—The term eligible entity means an institution of higher education that on the date such entity receives a grant under this section, is participating in the FSEOG program under subpart 3.

“(2) Eligible student—The term eligible student means a student who—

“(A) is enrolled in an eligible entity on an at least half-time basis; and

“(B) who is making satisfactory academic progress.

“(3) Institution of higher education—The term institution of higher education has the meaning given the term in section 101.”

Section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e) is amended—

“(C) Performance bonus

“(i) In general—Notwithstanding subparagraph (A), for any fiscal year for which the amount appropriated under subsection (h) is not less than $140,000,000, the Secretary may pay a performance bonus to an eligible institution of higher education.

“(ii) Maximum amount—A bonus paid to an eligible institution of higher education under clause (i) for a fiscal year shall not exceed an amount equal to 20 percent of the amount of the annual grant payment received by the institution under paragraph (3)(B) for the fiscal year preceding the fiscal year for which the bonus is paid.

“(iii) Use of bonus—A bonus received by an institution under clause (i) shall be used by the institution in the same manner as a grant under this section and shall be treated as grant funds for purposes of the application of paragraph (5), except that the Secretary may extend the grant period as necessary for the institution to use such bonus.

“(iv) Eligible institution of higher education—In this subparagraph, the term eligible institution of higher education means an institution of higher education that—

“(I) has received a grant under this section for not less than the period of three consecutive fiscal years preceding the fiscal year in which the bonus is paid under clause (i);

“(II) for each such preceding fiscal year, has met or exceeded the performance levels established by the institution for such year under subsection (e)(1)(B)(v); and

“(III) has demonstrated the need for such bonus.”

added “(5) Use of funds—Grant funds under this section shall be used by an institution of higher education to support or establish a campus-based child care program primarily serving the needs of low-income students enrolled at the institution of higher education. Grant funds under this section may be used to provide the following services to the extent necessary to enable low-income students enrolled at the institution of higher education to pursue postsecondary education—

added “(A) evening, summer, weekend and before and after school services; and

added “(B) services to expectant parents, such as the provision of information regarding the relationship between prenatal health and early child development and the administration of a home visit closely following the birth of the child.”

“(c) Applications

“(1) In general—An institution of higher education 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. Such application shall—

“(A) demonstrate that the institution is an eligible institution described in subsection (b)(4);

“(B) specify the amount of funds requested;

“(C) demonstrate the need of low-income students at the institution for campus-based child care services by including in the application—

changed “(i) information regarding student demographics, including whether the student is a full-time or part-time student;share of students enrolled full-time;

“(ii) an assessment of child care capacity on or near campus;

“(iii) information regarding the waiting lists for child care services on or near campus;

“(iv) information regarding additional needs created by concentrations of poverty or by geographic isolation;

“(v) information about the number of low-income student parents being served through campus-based child care services; and

“(vi) other relevant data;

“(D) specify the estimated percentage of the institution’s grant that will be used directly to subsidize the fee charged for on-campus and off-campus childcare, respectively, for low-income students;

“(E) contain a description of the activities to be assisted, including whether the grant funds will support an existing child care program or a new child care program;

“(F) identify the resources, including technical expertise and financial support, that the institution will draw upon to support the child care program and the participation of low-income students in the program (such as accessing social services funding, using student activity fees to help pay the costs of child care, using resources obtained by meeting the needs of parents who are not low-income students, and accessing foundation, corporate, or other institutional support) and demonstrate that the use of the resources will not result in increases in student tuition;

“(G) contain an assurance that the institution will meet the child care needs of low-income students through the provision of services, or through a contract for the provision of services;

“(H) describe the extent to which the child care program will coordinate with the institution’s early childhood education curriculum, to the extent the curriculum is available, to meet the needs of the students in the early childhood education program at the institution, and the needs of the parents and children participating in the child care program assisted under this section;

“(I) in the case of an institution seeking assistance for a new child care program—

“(i) provide a timeline, covering the period from receipt of the grant through the provision of the child care services, delineating the specific steps the institution will take to achieve the goal of providing low-income students with child care services;

“(ii) specify any measures the institution will take to assist low-income students with child care during the period before the institution provides child care services; and

“(iii) include a plan for identifying resources needed for the child care services, including space in which to provide child care services, and technical assistance if necessary;

“(J) contain an assurance that any child care facility assisted under this section will meet the applicable State and local government licensing, certification, approval, or registration requirements;

“(K) in the case of an institution that is awarded a grant under this section after the date of the enactment of the College Affordability Act, provide an assurance that, not later than three years after the date on which such grant is awarded, any child care facility assisted with such grant will—

“(i) meet Head Start performance standards under subchapter B of chapter 13 of title 45, Code of Federal Regulations (as in effect on the date of enactment of the College Affordability Act) and any successor regulations;

“(ii) be in the top tier of the quality rating improvement system for such facilities used by the State in which the facility is located;

“(iii) meet the licensing requirements of the State in which the facility is located and the quality requirements under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); or

“(iv) be accredited by a national early childhood accrediting body with demonstrated valid and reliable program quality standards;

changed “(L) contain an assurance that the institution, when applicable, will make information available to students receiving child care services provided under this section about the eligibility of such students and their dependents for assistance under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the special supplemental nutrition program for women, infants, and children under the Child Nutrition Act of 1966 (42 U.S.C. 1786), and the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); andseq.);

changed “(M) contain an abstract summarizing the contents of such application and how the institution intends to achieve the purpose under subsection (a).(a); and

changed “(2) Technical assistance—The Secretary may “(N) contain an assurance that the institution will provide technical assistance to eligible institutions to help such institutions qualify, apply for, information on the institution’s website regarding the availability of child care subsidies for student parents and maintain a grant under this section.”the dependent care cost allowance available to parents with dependent children in accordance with section 472.

added “(2) Technical assistance—The Secretary may provide technical assistance to eligible institutions to help such institutions qualify for, apply for, and maintain a grant under this section.”

“(1) based on the extent to which institutions of higher education that submit applications for such a grant leverage local or institutional resources, including in-kind contributions, to support the activities assisted under this section;”

“(2) to institutions of higher education that, compared to other institutions of higher education that submit applications for such a grant, demonstrate a high likelihood of need for campus-based child care based on student demographics (such as a high proportion of low-income students or independent students); and”

“(I) the number of full- and part-time students, respectively, receiving child care services under this section at least once per week during the academic year;

changed “(II) the number of credits accumulated by students receiving such child care services;services; and

“(III) the number of students receiving child care services under this section at least once per week during the academic year who—

“(aa) remain enrolled at the institution during the academic year for which they received such services;

“(bb) enroll at the institution for the following academic year; and

“(cc) graduate or transfer within—

“(AA) 150 percent of the normal time for completion of a student’s four-year degree granting program; or

“(BB) 200 percent of the normal time for completion of a student’s two-year degree-granting program;

“(ii) with respect to the total student enrollment at the institution and the total enrollment of low-income students at the institution, respectively—

“(I) the rate at which students who complete an academic year at the institution re-enroll in the institution for the following academic year; and

“(II) the percentage of students graduating or transferring within—

“(aa) 150 percent of the normal time for completion of a student’s four-year degree granting program; or

“(bb) 200 percent of the normal time for completion of a student’s two-year degree granting program;

“(iii) the percentage of the institution’s grant that was used directly to subsidize the fee charged for on-campus and off-campus childcare, respectively, for low-income students;

“(iv) whether the institution restricts eligibility for child care services to only full-time students;

“(v) the sufficiently ambitious levels of performance established for such year by the institution that demonstrate meaningful progress and allow for meaningful evaluation of program quality based on the information in clauses (i)(III) and (iii);”

“(2) Report

“(A) Report required—On an annual basis, the Secretary shall submit to the authorizing committees a report that includes—

“(i) a summary of the information described in paragraph (1); and

“(ii) each abstract submitted under subsection (c)(1)(M) by an institution of higher education that receives a grant under this section.

“(B) Public availability—The Secretary shall make each report submitted under subparagraph (A) publicly available.”

“(4) Technical assistance—The Secretary shall provide technical assistance to institutions of higher education receiving grants under this section to help such institutions meet the reporting requirements under this subsection.”

removed “(g) Nondiscrimination—No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and sex stereotype), or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by any program funded, in whole or in part, with funds made available under this section or with amounts appropriated for grants, contracts, or certificates administered with such funds.”

Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is further amended by inserting after subpart 7 the following:

“8 Jumpstart to College

“419O. Definitions

“In this subpart:

“(1) Eligible entity—The term eligible entity means an institution of higher education in partnership with one or more local educational agencies (which may be an educational service agency). Such partnership may also include other entities such as nonprofit organizations or businesses, and schools in juvenile detention centers.

“(2) Institution of higher education—The term institution of higher education has the meaning given the term in section 101 (20 U.S.C. 1001).

“(3) ESEA terms—The terms dual or concurrent enrollment program, early college high school, educational service agency, four-year adjusted cohort graduation rate, local educational agency, secondary school, and State have meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(4) Low-income student—The term low-income student means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).

“(5) Recognized postsecondary credential—The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

“419P. Authorization of appropriations; reservations

“(a) In general—To carry out this subpart, there are authorized to be appropriated $250,000,000 for fiscal year 2021 and each of the five succeeding fiscal years.

“(b) Reservations—From the funds appropriated under subsection (a) for each fiscal year, the Secretary shall reserve—

“(1) not less than 40 percent for grants to eligible entities under section 419Q;

“(2) not less than 55 percent for grants to States under section 419R; and

“(3) not less than 5 percent for national activities under section 419T.

“419Q. Grants to eligible entities

“(a) In general—The Secretary shall award grants to eligible entities, on a competitive basis, to assist such entities in establishing or supporting an early college high school or dual or concurrent enrollment program in accordance with this section.

“(b) Duration—Each grant under this section shall be awarded for a period of 6 years.

“(c) Grant amount—The Secretary shall ensure that the amount of each grant under this section is sufficient to enable each grantee to carry out the activities described in subsection (h), except that a grant under this section may not exceed $2,000,000.

“(d) Matching requirement

“(1) In general—For each year that an eligible entity receives a grant under this section, the entity shall contribute matching funds, in the amounts described in paragraph (2), for the activities supported by the grant.

“(2) Amounts described—The amounts described in this paragraph are—

“(A) for each of the first and second years of the grant period, 20 percent of the grant amount;

“(B) for each of the third and fourth years of the grant period, 30 percent of the grant amount;

“(C) for the fifth year of the grant period, 40 percent of the grant amount; and

“(D) for the sixth year of the grant period, 50 percent of the grant amount.

“(3) Determination of amount contributed

“(A) In-kind contributions—The Secretary shall allow an eligible entity to meet the requirements of this subsection through in-kind contributions.

“(B) Non-Federal sources—Not less than half of each amount described in paragraph (2) shall be provided by the eligible entity from non-Federal sources.

“(e) Supplement, not supplant—An eligible entity shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds.

“(f) Priority—In awarding grants under this section, the Secretary shall give priority to eligible entities that—

“(1) propose to establish or support an early college high school or other dual or concurrent enrollment program that will serve a student population of which not less than 51 percent are low-income students;

“(2) include a local educational agency which serves a high school that is—

“(A) identified for comprehensive support and improvement under section 1111(c)(4)(D)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(4)(D)(i)); or

“(B) implementing a targeted support and improvement plan as described in section 1111(d)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d)(2));

“(3) are from States that provide assistance to early college high schools or other dual enrollment programs, such as assistance to defray the costs of higher education (including costs of tuition, fees, and textbooks); and

“(4) propose to establish or support an early college high school or dual or concurrent enrollment program that meets quality standards established by—

“(A) a nationally recognized accrediting agency or association that offers accreditation specifically for such programs; or

“(B) a State process specifically for the review and approval of such programs.

“(g) Equitable distribution—The Secretary shall ensure, to the extent practicable, that eligible entities receiving grants under this section—

“(1) are from a representative cross section of—

“(A) urban, suburban, and rural areas; and

“(B) regions of the United States; and

“(2) include both two-year and four-year institutions of higher education.

“(h) Uses of funds

“(1) Mandatory activities

“(A) In general—An eligible entity shall use grant funds received under this section—

“(i) to support the activities described in its application under subsection (i);

“(ii) to create and maintain a coherent system of supports for students, teachers, principals, and faculty under the program, including—

“(I) college and career readiness, academic, and social support services for students; and

“(II) professional development for secondary school teachers, faculty, and principals, and faculty from the institution of higher education, including—

“(aa) joint professional development activities; and

“(bb) activities to assist such teachers, faculty, and principals in using effective parent and community engagement strategies and to help ensure the success of students academically at risk of not enrolling in or completing postsecondary education, first-generation college students, and students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi));

“(iii) to carry out liaison activities among the partners that comprise the eligible entity pursuant to an agreement or memorandum of understanding documenting commitments, resources, roles, and responsibilities of the partners consistent with the design of the program;

“(iv) for outreach programs to ensure that secondary school students and their families, including students academically at risk of not enrolling in or completing postsecondary education, first-generation college students, and students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), are—

“(I) aware of, and recruited into, the early college high school or dual or concurrent enrollment program; and

“(II) assisted with the process of enrolling and succeeding in the early college high school or dual or concurrent enrollment program, which may include providing academic support;

“(v) to collect, share, and use data (in compliance with section 444 of the General Education Provisions Act (20 U.S.C. 1232g)) for program improvement and program evaluation; and

“(vi) to review and strengthen its program to maximize the potential that students participating in the program will eventually complete a recognized postsecondary credential, including by optimizing—

“(I) the curriculum of the program;

“(II) the use of high-quality assessments of student learning, such as performance-based, project-based, or portfolio assessments that measure higher-order thinking skills;

“(III) the sequence of courses offered by the program; and

“(IV) the alignment of academic calendars between the secondary schools and the institution of higher education participating in the program.

“(B) New programs—In the case of an eligible entity that uses a grant under this section to establish an early college high school or dual or concurrent enrollment program, the entity shall use such funds during the first year of the grant period—

“(i) to design the curriculum and sequence of courses in collaboration with, at a minimum—

“(I) faculty from the institution of higher education;

“(II) teachers and faculty from the local educational agency; and

“(III) in the case of a career and technical education program, employers or workforce development entities to ensure that the program is aligned with labor market demand;

“(ii) to develop and implement an articulation agreement between the institution of higher education and the local educational agency that governs how secondary and postsecondary credits will be awarded under the program; and

“(iii) to carry out the activities described in subparagraph (A).

“(2) Allowable activities—An eligible entity may use grant funds received under this section to support the activities described in its application under subsection (i), including by—

“(A) purchasing textbooks and equipment that support the program’s curriculum;

“(B) pursuant to the assurance provided by the eligible entity under subsection (i)(3)(A), paying tuition and fees for postsecondary courses taken by students under the program;

“(C) incorporating work-based learning opportunities (other than by paying wages of students) into the program (which may include partnering with entities that provide such opportunities), including—

“(i) internships;

“(ii) career-based capstone projects;

“(iii) pre-apprenticeships and registered apprenticeships provided by eligible providers of apprenticeship programs described in section 122(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(a)(2)(B)); and

“(iv) work-based learning opportunities provided under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et seq.);

“(D) providing students with transportation to and from the program;

“(E) paying costs for—

“(i) high school teachers to obtain the skills, credentials, or industry certifications necessary to teach for the institution of higher education participating in the program; or

“(ii) postsecondary faculty to become certified to teach high school; or

changed “(F) providing time during which secondary school teachers and faculty and faculty from an institution of higher education can collaborate, which may include professional development, the planning of team activities for such teachers and faculty and curricular design and student assessment.assessment

“(i) Application

“(1) In general—To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(2) Contents of Application—The application under paragraph (1) shall include, at minimum, a description of—

“(A) the partnership that comprises the eligible entity, including documentation of partner commitments, resources and budget, roles, and responsibilities;

“(B) how the partners that comprise the eligible entity will coordinate to carry out the mandatory activities described in subsection (h)(1);

“(C) the number of students intended to be served by the program and demographic information relating to such students;

“(D) how the eligible entity’s curriculum and sequence of courses form a program of study leading to a recognized postsecondary credential;

“(E) how postsecondary credits earned will be transferable to institutions of higher education within the State, including any applicable statewide transfer agreements and any provisions of such agreements that are specific to dual or concurrent enrollment programs;

“(F) how the eligible entity will conduct outreach to students;

“(G) how the eligible entity will determine the eligibility of students for postsecondary courses, including an explanation of the multiple factors the entity will take into account to assess the readiness of students for such courses; and

“(H) the sustainability plan for the early college high school or other dual or concurrent enrollment program.

“(3) Assurances—The application under paragraph (1) shall include assurances from the eligible entity that—

“(A) students participating in a program funded with a grant under this section will not be required to pay tuition or fees for postsecondary courses taken under the program;

“(B) postsecondary credits earned by students under the program will be transcribed upon completion of the required course work; and

“(C) instructors of postsecondary courses under the program will meet the same standards applicable to other faculty at the institution of higher education that is participating in the program.

“419R. Grants to states

“(a) In general—The Secretary shall award grants to States, on a competitive basis, to assist States in supporting or establishing early college high schools or dual or concurrent enrollment programs.

“(b) Duration—Each grant under this section shall be awarded for a period of 6 years.

“(c) Grant amount—The Secretary shall ensure that the amount of each grant under this section is sufficient to enable each grantee to carry out the activities described in subsection (f).

“(d) Matching requirement—For each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant.

“(e) Supplement, not supplant—A State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds.

“(f) Uses of funds

“(1) Mandatory activities—A State shall use grant funds received under this section to—

“(A) support the activities described in its application under subsection (g);

“(B) plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education;

“(C) identify any obstacles to such a strategy under State law or policy;

“(D) provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include—

“(i) brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and

“(ii) offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors;

“(E) identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies;

“(F) update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1));

“(G) incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(4)(B)(v)(I));

“(H) disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States;

“(I) facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and

“(J) conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State.

“(2) Allowable activities—A State may use grant funds received under this section to—

“(A) establish a mechanism to offset the costs of tuition, fees, standardized testing and performance assessment costs, and support services for low-income students, and students from underrepresented populations enrolled in early college and high schools or dual or concurrent enrollment;

“(B) establish formal transfer systems within and across State higher education systems, including two-year and four-year public and private institutions, to maximize the transferability of college courses;

“(C) provide incentives to school districts that—

“(i) assist high school teachers in getting the credentials needed to participate in early college high school programs and dual or concurrent enrollment; and

“(ii) encourage the use of college instructors to teach college courses in high schools;

changed “(D) support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions, including by assisting such institutions in aligning programs with the quality standards described in section 419Q(f)(3); and419Q(f)(3);

changed “(E) reimburse low-income students to cover part or all of support the costs development, implementation, and strengthening of an Advanced Placement or and International Baccalaureate examination.programs especially at high schools with low levels of participation by low-income students and underrepresented students in such programs; and

added “(F) reimburse low-income students to cover part or all of the costs of an Advanced Placement or International Baccalaureate examination.

“(g) State Applications

“(1) Application—To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(2) Contents of application—The application under paragraph (1) shall include, at minimum, a description of—

“(A) how the State will carry out the mandatory State activities described in subsection (f)(1);

“(B) how the State will ensure that any programs funded with a grant under this section are coordinated with programs under—

“(i) the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);

“(ii) the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.);

“(iii) the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and

“(iv) the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

“(C) how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi));

“(D) how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs;

“(E) how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and

“(F) such other information as the Secretary determines to be appropriate.

“419S. Reporting and oversight

“(a) In general—Not less frequently than once annually, each State and eligible entity that receives a grant under this subpart shall submit to the Secretary a report on the progress of the State or eligible entity in carrying out the programs supported by such grant.

“(b) Form of report—The report under subsection (a) shall be submitted to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall issue uniform guidelines describing the information that shall be reported by grantees under such subsection.

“(c) Contents of report

“(1) In general—The report under subsection (a) shall include, at minimum, the following:

“(A) The number of students enrolled in the early college high school or dual or concurrent enrollment program.

“(B) The number and percentage of students reimbursed by the State for part or all of the costs of an Advanced Placement or International Baccalaureate examination and the student test scores.

“(C) The number and percentage of students enrolled in the early college high school or dual or concurrent enrollment program who earn a recognized postsecondary credential concurrently with a high school diploma.

“(D) The number of postsecondary credits earned by eligible students while enrolled in the early college high school or dual or concurrent enrollment program that may be applied toward a recognized postsecondary credential.

“(E) The number and percentage of students who earn a high school diploma.

“(F) The number and percentage of graduates who enroll in postsecondary education.

“(2) Categories of students—The information described in each of subparagraphs (A) through (G) of paragraph (1) shall be set forth separately for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)).

“419T. National activities

“(a) Reporting by secretary—Not less frequently than once annually, the Secretary shall submit to Congress a report that includes—

“(1) an analysis of the information received from States and eligible entities under section 419S;

“(2) an identification of best practices for carrying out programs supported by grants under this subpart; and

“(3) the results of the evaluation under subsection (b).

“(b) National evaluation—Not later than 6 months after the date of the enactment of the College Affordability Act, the Secretary shall seek to enter into a contract with an independent entity to perform an evaluation of the grants awarded under this subtitle. Such evaluation shall apply rigorous procedures to obtain valid and reliable data concerning student outcomes by social and academic characteristics and monitor the progress of students from secondary school to and through postsecondary education.

“(c) Technical assistance—The Secretary shall provide technical assistance to States and eligible entities concerning best practices and quality improvement programs in early college high schools and dual or concurrent enrollment programs and shall disseminate such best practices among eligible entities, States, and local educational agencies.

“(d) Administrative costs—From amounts reserved to carry out this section under section 419P(b)(3), the Secretary may reserve such sums as may be necessary for the direct administrative costs of carrying out the Secretary’s responsibilities under this subtitle.

“419U. Rules of construction

“(a) Employees—Nothing in this subpart shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies (including schools) or institutions of higher education under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

“(b) Graduation rate—A student who graduates from an early college high school supported by a grant under section 419Q within 100 percent of the normal time for completion described in the eligible entity’s application under such section shall be counted in the four-year adjusted cohort graduation rate for such high school.”

Section 420M of the Higher Education Act of 1965 (20 U.S.C. 1070g–1) is amended—

“(A) $8,000, to be available to a teacher candidate who is enrolled as an undergraduate junior at the eligible institution;

“(B) $8,000, to be available to a teacher candidate who is enrolled as an undergraduate senior at the eligible institution; and

changed “(C) $4,000, to be available to a teacher candidate who is enrolled at the eligible institution for any year not described in subparagraph (A) or (B) or a teacher candidate who is enrolled in the first or second year of an associate’s degree program and intends to teach in an early childhood education program; and”program.”

“(4) Associate degree students

“(A) Maximum amount for associate degree study—The period during which an associate degree student intending to teach in an early childhood education program may receive grants under this subpart shall be the period required for the completion of an associate’s degree course of study pursued by the teacher candidate at the eligible institution at which the teacher candidate is in attendance, except that the total amount that a teacher candidate may receive under this subpart for an associate’s degree course of study shall not exceed $8,000.

“(B) Effect on further undergraduate or post-baccalaureate study—In the case of a teacher candidate intending to teach in an early childhood education program who receives a grant under this subpart for an associate’s degree course of study and who seeks to receive a grant described in subparagraph (A) or (B) of subsection (a)(1), the amount of such grant shall be equal to—

“(i) one half of the amount that is equal to $16,000, minus the amount the teacher candidate received under this subpart for the associate’s degree course of study of such candidate, to be available to a teacher candidate who is enrolled as an undergraduate junior at the eligible institution; and

“(ii) one half of the amount that is equal to $16,000, minus the amount the teacher candidate received under this subpart for the associate’s degree course of study of such candidate, to be available to a teacher candidate who is enrolled as an undergraduate senior at the eligible institution.”

Section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g–2) is amended—

“(vii) early childhood education; or”

“(4) the Secretary will—

“(A) notify, or ensure that the applicable loan servicer will notify, the applicant of—

“(i) the date on which submission of the certification under paragraph (1)(D) is required; and

“(ii) any failure to submit such certification; and

“(B) allow employers and borrowers to use electronic signatures to certify such employment.”

“(1) In general—Subject to paragraph (2), in the event”

“(2) Clarification

“(A) Application—Paragraph (1) may only apply with respect to a recipient of a grant under this subpart if—

“(i) after completing the course of study for which the recipient received the grant, such recipient does not serve as a full-time teacher as required under subsection (b)(1) for at least—

“(I) 1 year, as certified under subsection (b)(1)(D) on a date that is not later than 5 years after the date such course of study was completed;

“(II) 2 years, as certified under subsection (b)(1)(D) on a date that is not later than 6 years after the date such course of study was completed;

“(III) 3 years, as certified under subsection (b)(1)(D) on a date that is not later than 7 years after the date such course of study was completed; or

“(IV) 4 years, as certified under subsection (b)(1)(D) on a date that is not later than 8 years after the date such course of study was completed; or

“(ii) the recipient elects to have such grant treated as a loan in accordance with such paragraph (1).

“(B) Appeal—A recipient of a grant may appeal a decision to convert a loan under paragraph (1).”

“(2) Change of school description or program definition—If a recipient of an initial grant under this subpart teaches in a school or an early childhood education program for an academic year during which the school is identified as a school described in section 465(a)(2)(A) or a program that meets the definition of section 200(15), but the school or program no longer meets such description or definition during a subsequent academic year, the grant recipient may fulfill the service obligation described in subsection (b)(1) by continuing to teach at that school or program.

changed “(3) Change of teacher duties or assignment—If a recipient of an initial grant under this subpart teaches as a full-time teacher described in subsection (b)(1)(A), but the recipient no longer meets such description during a subsequent academic year due to switching academic roles to that of a full-time co-teacher, teacher leader, instructional or academic coach, department chairperson, special education case manager, guidance counselor, or school administrator within a school or program, the grant recipient may fulfill the service obligation described in subsection (b)(1) by continuing to work in any such academic role on a full-time basis at that school or programprogram.

“(4) Change in high-need field status—If a recipient of an initial grant under this subpart teaches in a field at a school or an early childhood education program for an academic year during which the field is designated under subsection (b)(1)(C)(viii), but the field no longer is so designated during a subsequent academic year, the grant recipient may fulfill the service obligation described in subsection (b)(1) by continuing to teach in such field at such school or early childhood education program.”

changed “(C) Selection of repayment plans on and after July 1, 20212021—Notwithstanding any other provision of this paragraph, or any other provision of law, and in accordance with regulations, beginning on July 1, 2021, the lender shall offer a borrower of a loan made, insured, or guaranteed under this part the opportunity to change repayment plans, and to enroll in one of the following repayment plans:

changed “(i) Opportunity to change repayment plans—Notwithstanding any other provision of this paragraph, or any other provision of law, and in accordance with regulations, beginning on July 1, 2021, the lender shall offer a borrower of a loan made, insured, or guaranteed under this part the opportunity to change A fixed repayment plans, and to enroll plan described in one of the following repayment plans:section 493E.

changed “(I) A fixed “(ii) The income-based repayment plan described in under section 493E.493C(f).”

removed “(II) The income-based repayment plan under section 493C(f).”

“(1) Authority of secretary to require—The Secretary may require borrowers who have defaulted on loans made under this part that are assigned to the Secretary under subsection (c)(8) to repay those loans under the income-based repayment plan under section 493C(f).”

Section 428(c)(3)(C) of the Higher Education Act of 1965 (20 U.S.C. 1078(c)(3)(C)) is amended—

Section 428B(d)(2) of the Higher Education Act of 1965 (20 U.S.C. 1078–2(d)(2)) is amended—

changed “(C) Interest capitalization—With respect capitalization—Interest shall not be added to a deferment during any period described in clause (i)(II), (ii), (iii), or (iv) the principal amount of a loan made under this section 427(a)(2)(C) or clause (i)(II), (ii), (iii), (iv), or (v) at the expiration of section 428(b)(1)(M), or any period of forbearance, beginning that begins on or after the date of enactment of the College Affordability Act on a loan made under this section, interest shall not be added to the principal amount of the loan at the expiration of such deferment or forbearance period.”Act, of—

added “(i) deferment described in clause (i)(II), (ii), (iii), or (iv) of section 427(a)(2)(C) or clause (i)(II), (ii), (iii), (iv), or (v) of section 428(b)(1)(M); or

added “(ii) forbearance.”

removed Section 428C(a)(3)(B)(i)(V) of the Higher Education Act of 1965 (20 U.S.C. 1078–3(a)(3)(B)(i)(V)) is amended—

“(dd) for the purpose of separating a joint consolidation loan into 2 separate Federal Direct Consolidation Loans under section 455(g)(2); or

“(ee) for the purpose of section 455(m)(9)(A)(ii), 493C(f)(2)(G), or 493E(c).”

changed Section 428H(e)(2)(A)(ii)(III) of the Higher Education Act of 1965 (20 U.S.C. 1078–8(e)(2)(A)(ii)(III)) is amended by inserting before the semicolon the following: “, except that with respect to a deferment during any period of deferment described in clause (i)(II), (ii), (iii), or (iv) of section 427(a)(2)(C) or clause (i)(II), (ii), (iii), (iv), or (v) of section 428(b)(1)(M), or any period of forbearance, beginning on or after the date of enactment of the College Affordability Act on a loan made, insured, or guaranteed under this section or on a Federal Direct Unsubsidized Stafford Loan, section, interest shall not be added to the principal amount of the loan at the expiration of such period of deferment or forbearance period”.forbearance”.

“(iv) Student loan contract

“(I) In general—Any master promissory note form described in this subparagraph that is developed or used for loans made under part D for periods of enrollment beginning on or after the date of enactment of the College Affordability Act shall be referred to as a “student loan contract”.

“(II) Clarification on use—Notwithstanding clause (i), each student loan contract for a part D loan made for periods of enrollment beginning on or after the date of enactment of the College Affordability Act shall—

“(aa) not be entered into by a student unless the student has completed all required counseling related to such loan, including counseling required under section 485(l);

“(bb) be signed by the student entering such student loan contract after completion of such counseling; and

“(cc) be used only for the academic year for which the initial loans are made under the contract, and shall not be valid for additional loans for the same or subsequent periods of enrollment.”

“(v) Loan disclosures—For loans made for periods of enrollment beginning on or after the date of enactment of the College Affordability Act, the Secretary shall take such steps as are necessary to streamline the student loan disclosure requirements under this Act. The Secretary shall ensure that information required to be disclosed to a student who is applying for, receiving, or preparing to repay a loan under part D of this Act shall be streamlined in a manner that—

“(I) based upon consumer testing, reduces and simplifies the paperwork students are required to complete; and

“(II) limits the number of times students are presented with disclosures by incorporating the streamlined disclosures into required student loan counseling under section 485(l), the student loan contract under this subparagraph, or both.”

“(iii) Default management plan—The default management plan required under clause (i) may not include placing students in forbearance as a means of reducing the cohort default rate or the adjusted cohort default rate of the institution.”

“(9) Ineligibility based on high adjusted cohort default rates

“(A) In general—Except as provided in subparagraphs (B) and (D), beginning on the date that is one year after the date on which the final adjusted cohort default rates are published by the Secretary for not less than 3 fiscal years, in a case in which one of the following determinations is made with respect to an institution, such institution shall be ineligible to participate in a program under this title for the fiscal year for which the determination is made and for the two succeeding fiscal years:

“(i) The institution’s adjusted cohort default rate is greater than 20 percent for each of the 3 most recent fiscal years for which the final adjusted cohort default rates are published.

“(ii) With respect to the 6 most recent fiscal years for which the final adjusted cohort default rates are published—

“(I) the institution’s adjusted cohort default rate is greater than 15 percent for each such fiscal year; and

“(II) the Secretary determines that, during such 6-year period, the institution has not made adequate progress in meeting standards for student achievement established by the relevant accrediting agency or association pursuant to section 496(a)(5)(A).

“(iii) With respect to the 8 most recent fiscal years for which the final adjusted cohort default rates are published—

“(I) the institution’s adjusted cohort default rate is greater than 10 percent for each such fiscal year; and

“(II) the Secretary determines that, during such 8-year period, the institution has not made adequate progress in meeting standards for student achievement established by the relevant accrediting agency or association pursuant to section 496(a)(5)(A).

“(B) Exceptions for certain categories of educational programs—With respect to an institution that loses eligibility to participate in a program under this title in accordance with subparagraph (A)(ii), such institution may request and be granted an exception to such loss of eligibility for a category of educational programs at such institution by demonstrating to the Secretary that the adjusted cohort default rate for the category of educational programs is 15 percent or less for each fiscal year of the 6-year period on which such loss of eligibility for the institution is based.

“(C) Determination of the adjusted cohort rate for a category of educational programs—In determining the adjusted cohort default rate for a category of educational programs for purposes of this paragraph—

“(i) subsection (m) shall be applied—

“(I) in paragraph (1)—

“(aa) in subparagraph (A), by substituting “received for enrollment in the category of educational programs for which such rate is being determined” for “received for attendance at the institution”; and

“(bb) in subparagraph (E)(i)(II), by substituting, “percentage of students enrolled in the category of educational programs for which such rate is being determined” for “percentage of students enrolled at the institution”; and

“(II) as if the following were added at the end of paragraph (2):

“(D) Transition exception

“(i) In general—A covered institution with an adjusted cohort default rate that is greater than 20 percent for the first fiscal year for which such rates are published by the Secretary may request that any determination of such institution’s ineligibility under paragraph (9)(A) not be based on the adjusted cohort default rate of such institution for any or all of the first 3 fiscal years for which such rates are published by the Secretary.

“(ii) Requirement—To be granted a request under clause (i), an institution shall submit to the Secretary a default management plan as specified in paragraph (7).

“(iii) Definition of covered institution—In this subparagraph, the term covered institution means—

“(I) a public institution of higher education;

“(II) a part B institution (as defined in section 322); or

“(III) a private, nonprofit institution of higher education at which not less than 45 percent of the total student enrollment consists of low-income students (as such term is defined in section 419N(b)(7)).

“(E) Category of educational programs defined—The term category of educational programs, when used with respect to an institution, means one of the following:

“(i) The educational programs at the institution leading to an undergraduate, non-degree credential.

“(ii) The educational programs at the institution leading to an associate’s degree.

“(iii) The educational programs at the institution leading to a bachelor’s degree.

“(iv) The educational programs at the institution leading to a graduate, non-degree credential.

“(v) The educational program at the institution leading to a graduate degree.

“(10) Application of adjusted cohort default rate—Beginning on the date on which the final adjusted cohort default rates are published by the Secretary for not less than 3 fiscal years—

changed “(A) paragraph (1) shall be applied by substituting “paragraph (9)” for “paragraph (2)”;(2)”.

“(B) paragraph (3) shall be applied by substituting “adjusted cohort default rate, calculated in accordance with subsection (m)(1)(D), is greater than 20 percent for any 3 consecutive fiscal years” for “cohort default rate, calculated in accordance with subsection (m), is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv) for any two consecutive fiscal years”;

“(C) paragraph (4) shall be applied—

“(i) in subparagraph (C), by substituting “adjusted cohort default rate is greater than 15 percent” for “cohort default rate equals or exceeds 20 percent”; and

“(ii) in the matter following subparagraph (C), by substituting “adjusted cohort default rate to reflect the percentage of defaulted loans in the representative sample that are required to be excluded pursuant to subsection (m)(1)(B)” for “cohort default rate to reflect the percentage of defaulted loans in the representative sample that are required to be excluded pursuant to subsection (m)(1)(B)”;

“(D) paragraph (5)(A) shall be applied by substituting “paragraph (9)” for “paragraph (2)”; and

“(E) paragraph (7) shall be applied—

“(i) in subparagraph (A)(i)—

“(I) in the matter preceding subclause (I), by substituting “adjusted cohort default rate is greater than 20 percent” for “cohort default rate is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv)”; and

“(II) in subclauses (I) and (II), by substituting “adjusted cohort default rate” for “cohort default rate”; and

“(ii) in subparagraph (B)(i), by substituting “adjusted cohort default rate is greater than 20 percent” for “cohort default rate is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv)”.”

“(D)

“(i) With respect to a cohort default rate calculated for an institution under this paragraph for fiscal year 2018 and for each succeeding fiscal year, such cohort default rate shall be adjusted as follows:

“(I) In determining the number of current and former students at an institution who enter repayment for such fiscal year—

“(aa) any such student who is in nonmandatory forbearance for such fiscal year for a period of greater than 18 months but less than 36 months shall not be counted as entering repayment for such fiscal year;

“(bb) such a student shall be counted as entering repayment for the first fiscal year for which the student ceases to be in a period of forbearance and otherwise meets the requirements for being in repayment; and

“(cc) any such student who is in a period of forbearance for 3 or more years shall be counted as in default and included in the institution’s total number of students in default.

“(II) Such rate shall be multiplied by the percentage of students enrolled at the institution for such fiscal year who are borrowing a loan under part D of this title.

“(ii) The result obtained under this subparagraph for an institution shall be referred to in this Act as the “adjusted cohort default rate”.”

changed “(5) Beginning Adjusted cohort default rates—Beginning on the date on which the final adjusted cohort default rates for fiscal year 2018 are made available for publication by the Secretary, paragraph (4) shall be applied by substituting “adjusted cohort default” for “cohort default” each place it appears.”

changed Section 437(d) 437(c) of the Higher Education Act of 1965 (20 U.S.C. 1087(d)) 1087(c)) is amended—

removed “(1) Death—If a student”

changed “(2) DisabilityAutomatic closed school discharge

changed “(A) In general—The Secretary shall discharge a parent’s liability on Secretarial requirements—With respect to a loan borrower described in section 428B by repaying subparagraph (B), the amount owed on Secretary shall, without any further action by the loan if borrower, discharge the student borrower’s liability on whose behalf the parent has received the loan—loan described in subparagraph (B)(i).

changed “(i) becomes permanently and totally disabled (as determined “(B) Borrower requirements—A borrower described in accordance with regulations of the Secretary); orthis subparagraph means a borrower who—

changed “(ii) is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for “(i) receives a continuous period of not less than 60 months.loan—

changed “(B) Disability determinations—Subsection (a)(2) shall apply to a disability determination “(I) made, insured, or guaranteed under this paragraph title for enrollment in a program that the same manner as such subsection applies borrower was unable to a determination under subsection (a)(1).complete due to the closure of the institution; and

changed “(C) Safeguards—The safeguards “(II) for which the Secretary has not already discharged the borrower’s liability on such loan pursuant to prevent fraud and abuse developed under subsection (a)(1) shall apply under this paragraph.subsection; and

changed “(D) Reinstatement “(ii) as of loans—The Secretary may promulgate regulations to reinstate the obligation of, and resume collection on, loans discharged under this paragraph in cases in which the Secretary determines date that the reinstatement and resumption is necessary and appropriate based upon 2 years after the regulations developed closure of the institution, has not re-enrolled in an institution of higher education that participates in programs under subsection (a)(1).”this title.”

Section 441 of the Higher Education Act of 1965 (20 U.S.C. 1087–51) is amended—

“(1) $1,500,000,000 for fiscal year 2021;

“(2) $1,750,000,000 for fiscal year 2022;

“(3) $2,000,000,000 for fiscal year 2023;

“(4) $2,250,000,000 for fiscal year 2024; and

“(5) $2,500,000,000 for fiscal year 2025 and each succeeding fiscal year.”

“(5) work-based learning designed to give students experience in any activity described in paragraph (1), (2), (3), or (4), without regard to whether credit is awarded.”

changed “(d) Work-Based Work-based learning defined—For purposes of this part, the term work-based learning means sustained interactions with industry, community, or academic professionals in real workplace settings that shall—

“(1) include on campus opportunities;

“(2) foster in-depth, first-hand engagement with the tasks required of a given career field that are aligned to a student’s field of study; and

changed “(3) may include internships, fellowships, research assistant positions, teacher residencies, participation in cooperative education, and apprenticeships registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).”

Section 442 of the Higher Education Act of 1965 (20 U.S.C. 1087–52) is amended to read as follows:

changed “4202. “442. Allocation of funds

“(a) Reservations

“(1) Reservation for improved institutions

“(A) Amount of reservation for improved institutions—Beginning with the first fiscal year that is 2 years after the date of the enactment of the College Affordability Act, for a fiscal year in which the amount appropriated under section 441(b) exceeds $700,000,000, the Secretary shall—

“(i) reserve the lesser of—

“(I) an amount equal to 20 percent of the amount by which the amount appropriated under section 441(b) exceeds $700,000,000; or

“(II) $150,000,000; and

“(ii) allocate the amount reserved under clause (i) to each improved institution in an amount equal to the greater of the following:

“(I) The amount that bears the same proportion to the amount reserved under clause (i) as the total amount of all Federal Pell Grant funds awarded at the improved institution for the second preceding fiscal year bears to the total amount of Federal Pell Grant funds awarded at improved institutions participating under this part for the second preceding fiscal year.

“(II) $5,000.

“(B) Improved institution described—For purposes of this paragraph, an improved institution is an institution that, on the date the Secretary makes an allocation under subparagraph (A)(ii)—

“(i) is an institution of higher education (as defined under section 101) participating under this part;

“(ii) is with respect to—

“(I) the completion rate or graduation rate of Federal Pell Grant recipients at the institution, in the top 75 percent of all institutions participating under this part for the preceding fiscal year;

“(II) the percentage of Federal Pell Grant recipients at the institution, in the top 50 percent of the institutions described in subclause (I); and

“(III) the annual increase in the completion rate or graduation rate of Federal Pell Grant recipients at the institution, in the top 50 percent of the institutions described in subclauses (I) and (II).

“(C) Completion rate or graduation rate—For purposes of determining the completion rate or graduation rate under this section, a Federal Pell Grant recipient who is either a full-time student or a part-time student shall be counted as a completer or graduate if, within 150 percent of the normal time for completion of or graduation from the program, the student has completed or graduated from the program, or enrolled in any program of an institution participating in any program under this title for which the prior program provides substantial preparation.

“(2) Reservation for grant program—From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subparagraph (A), the Secretary shall reserve $30,000,000 to carry out grants under section 449.

“(3) Reallocation of amount returned by improved institutions—If an institution returns to the Secretary any portion of the sums allocated to such institution under this subsection for any fiscal year, the Secretary shall reallot such excess to improved institutions on the same basis as under paragraph (1)(A).

“(4) Publication—Beginning 1 year after the first allocations are made to improved institutions under paragraph (1)(A) and annually thereafter, the Secretary shall make publicly available—

“(A) a list of the improved institutions that received funding under such paragraph in the prior fiscal year;

“(B) the percentage of students at each such improved institution that are Federal Pell Grant recipients;

“(C) the completion rate or graduation rate for the students described in subparagraph (B) with respect to each such improved institution; and

“(D) a comparison between the information described in subparagraphs (A), (B), and (C) for the prior fiscal year for such improved institution, and such information for the year prior to such year.

“(c) Allocation formula for fiscal years 2021 through 2025

“(1) In general—From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subsection (a), the Secretary shall allocate to each institution—

“(A) for fiscal year 2021, an amount equal to the greater of—

“(i) 90 percent of the amount the institution received under this subsection and subsection (a) for fiscal year 2020, as such subsections were in effect with respect to such fiscal year (in this subparagraph referred to as “the 2020 amount for the institution”); or

“(ii) the fair share amount for the institution determined under subsection (d);

“(B) for fiscal year 2022, an amount equal to the greater of—

“(i) 80 percent of the 2020 amount for the institution; or

“(ii) the fair share amount for the institution determined under subsection (d);

“(C) for fiscal year 2023, an amount equal to the greater of—

“(i) 60 percent of the 2020 amount for the institution; or

“(ii) the fair share amount for the institution determined under subsection (d);

“(D) for fiscal year 2024, an amount equal to the greater of—

“(i) 40 percent of the 2020 amount for the institution; or

“(ii) the fair share amount for the institution determined under subsection (d); and

“(E) for fiscal year 2025, an amount equal to the greater of—

“(i) 20 percent of the 2020 amount for the institution; or

“(ii) the fair share amount for the institution determined under subsection (d).

“(2) Ratable reduction

“(A) In general—If the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subsection (a) is less than the amount required to be allocated to the institutions under this subsection, then the amount of the allocation to each institution shall be ratably reduced.

“(B) Additional appropriations—If the amounts allocated to each institution are ratably reduced under subparagraph (A) for a fiscal year and additional amounts are appropriated for such fiscal year, the amount allocated to each institution from the additional amounts shall be increased on the same basis as the amounts under subparagraph (A) were reduced (until each institution receives the amount required to be allocated under this subsection).

“(d) Allocation formula for fiscal year 2026 and each succeeding fiscal year—Except as provided in subsection (d)(5), from the amount appropriated under section 441(b) for fiscal year 2026 and each succeeding fiscal year and remaining after the Secretary reserves funds under subsection (a), the Secretary shall allocate to each institution the fair share amount for the institution determined under subsection (d).

“(e) Determination of fair share amount

“(1) In general—Subject to paragraph (2), the fair share amount for an institution for a fiscal year shall be equal to the sum of—

“(A) 100 percent of the institution’s undergraduate student need described in paragraph (2) for the preceding fiscal year; and

“(B) 25 percent of the institution’s graduate student need described in paragraph (3) for the preceding fiscal year.

“(2) Institutional undergraduate student need calculation—The undergraduate student need for an institution for a fiscal year shall be equal to the sum of the following:

“(A) An amount equal to 50 percent of the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of Federal Pell Grant funds awarded at the institution for the preceding fiscal year bears to the total amount of Federal Pell Grant funds awarded at all institutions participating under this part for the preceding fiscal year.

“(B) An amount equal to 50 percent of the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of the undergraduate student need at the institution for the preceding fiscal year bears to the total amount of undergraduate student need at all institutions participating under this part for the preceding fiscal year.

“(3) Institutional graduate student need calculation—The graduate student need for an institution for a fiscal year shall be equal to the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of the graduate student need at the institution for the preceding fiscal year bears to the total amount of graduate student need at all institutions participating under this part for the preceding fiscal year.

“(4) Eligibility for fair share amount—The Secretary may not allocate funds under this part to any institution that, for two or more fiscal years during any three fiscal year period beginning not earlier than the first day of the first fiscal year that is 2 years after the date of the enactment of this paragraph, has—

“(A) a student population with less than 7 percent of undergraduate students who are recipients of Federal Pell Grants; or

“(B) if the institution only enrolls graduate students, a student population with less than 5 percent of students that have an expected family contribution of zero.

“(5) Definitions—In this subsection:

“(A) Available appropriated amount—In this section, the term available appropriated amount means—

“(i) the amount appropriated under section 441(b) for a fiscal year, minus

“(ii) the amounts reserved under subsection (a) for such fiscal year.

“(B) Average cost of attendance—The term average cost of attendance means, with respect to an institution, the average of the attendance costs for a fiscal year for students which shall include—

“(i) tuition and fees, 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;

“(ii) standard living expenses 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; and

“(iii) books and supplies, in an amount not exceeding $1,000.

“(C) Graduate student need—The term graduate student need means, with respect to a graduate student for a fiscal year, the lesser of the following:

“(i) The amount equal to (except the amount computed by this clause shall not be less than zero)—

“(I) the average cost of attendance for the preceding fiscal year, minus

“(II) such graduate student’s expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year.

“(ii) The total annual loan limit for a Federal Direct Unsubsidized Stafford Loan.

“(D) Undergraduate student need—The term undergraduate student need means, with respect to an undergraduate student for a fiscal year, the lesser of the following:

“(i) The total of the amount equal to (except the amount computed by this clause shall not be less than zero)—

“(I) the average cost of attendance for the fiscal year, minus

“(II) such undergraduate student’s expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year.

“(ii) The total annual loan limit for a Federal Direct Unsubsidized Stafford Loan and a Federal Direct Loan.

“(f) Return of surplus allocated funds

“(1) In general—Except with respect to funds returned under subsection (a)(3), if an institution returns to the Secretary any portion of the sums allocated to such institution under this section for any fiscal year, the Secretary shall reallot such excess to institutions that used at least 10 percent of the total amount of funds granted to such institution under this section to compensate students employed during a qualified period of nonenrollment (as such term is defined in section 443(f)) on the same basis as excess eligible amounts are allocated under subsection (d).

“(2) Use of funds—Funds received by institutions pursuant to this subsection shall, to maximum extent practicable, be used to compensate students employed in work-based learning positions.

“(3) Retained funds

“(A) Amount returned—If an institution returns more than 10 percent of its allocation under paragraph (1), the institution’s allocation for the next fiscal year shall be reduced by the amount returned.

“(B) Waiver—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.

“(g) Filing deadlines—The Secretary may require applications under this section, at such time, in such manner, and containing such information as the Secretary may require.”

Section 443 of the Higher Education Act of 1965 (20 U.S.C. 1087–53) is amended—

“(2) provide that funds granted an institution of higher education, pursuant to this section may only be used to make payments to students participating in work-study programs except that an institution—

“(A) shall, beginning fiscal year 2023—

“(i) use at least 3 percent of the total amount of funds granted to such institution under this section for such fiscal year to compensate students who have exceptional need (as defined in section 413C(c)(2)) and are employed in a work-based learning position during a qualified period of nonenrollment, as defined in subsection (f), except that the Secretary may waive this clause if the Secretary determines that enforcing this clause would cause hardship for students at the institution; and

“(ii) 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 work-based learning positions, except that the Secretary may waive this clause if the Secretary determines that enforcing this clause would cause hardship for students at the institution;

“(B) may—

“(i) use a portion of the sums granted to it to compensate students employed in community service;

“(ii) use a portion of the sums granted to it to meet administrative expenses in accordance with section 489;

“(iii) use a portion of the sums granted to it to meet the cost of a job location and development program in accordance with section 446 of this part; and

“(iv) transfer funds in accordance with the provisions of section 488;”

“(C) the Federal share shall equal 100 percent if the institution is eligible for assistance under title III or title V;”

“(12) provide assurances that compensation of students employed in the work-study program in accordance with the agreement shall include reimbursement for reasonable travel (not including the purchase of a vehicle) directly related to such work-study program;

“(13) provide assurances that the institution will administer and use feedback from the surveys required under section 450, to improve the experiences of students employed in the work-study program in accordance with the agreement;

“(14) provide assurances that the institution will collect data from students and employers such that the employment made available from funds under this part will, to the maximum extent practicable, complement and reinforce the educational goals or career goals of each student receiving assistance under this part; and

“(15) provide assurances that if the institution receives funds under section 442(a)(1)(A), such institution shall—

“(A) use such funds to compensate students employed in the work-study program in accordance with the agreement; and

“(B) prioritize the awarding of such funds (and increasing the amount of each award) to students—

“(i) who demonstrate exceptional need (as defined in section 413C(c)(2)); and

“(ii) who are employed in work-based learning opportunities through the work study program in accordance with the agreement.”

“(2) provide that—

“(A) in the case of an institution that has not received a waiver from the Secretary, such institution will not use 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); and

“(B) in the case of an institution that has received a waiver from the Secretary, such institution will not use more than 50 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);”

“(6) provide assurances that compensation of students employed in the work-study program in accordance with the agreement shall include reimbursement for reasonable travel (not including the purchase of a vehicle) directly related to such work-study program.”

“(f) Qualified period of nonenrollment

“(1) In general—A student may be awarded work-study employment during a qualified period of nonenrollment if—

“(A) the student demonstrates exceptional need (as defined in section 413C(c)(2)) in the award year prior to the qualified period of nonenrollment;

“(B) the student is employed in a work-based learning position; and

“(C) the employment—

“(i) involves less than 25 percent administrative work; and

“(ii) is for at least 20 hours per week, unless the institution waives such requirement—

“(I) at the request of the student; or

“(II) based on a finding by the institution that such requirement presents a hardship in finding a work-based learning position for the student.

“(2) Funds earned

“(A) In general—Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student’s cost of attendance for the next period in which the student is enrolled.

“(B) Excess funds—Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment in excess of $2,500 shall be applied to such student’s cost of attendance for the next period in which the student is enrolled.

“(3) Definition of qualified period of nonenrollment—In this subsection, the term qualified period of nonenrollment means, with respect to a student, a period of nonenrollment that—

“(A) occurs between a period of enrollment and a period of anticipated enrollment; and

changed “(B) the duration of which is no longer than 6 months.”months.

added “(g) Cooperative education

added “(1) In general—A student may be awarded work-study employment for participation in cooperative education on—

added “(A) a part-time basis; or

added “(B) a full-time basis for a period equal to or less than 6 months.

added “(2) Private agreements for cooperative education—As part of its agreement described in subsection (b), an institution of higher education may, at its option, enter into an additional agreement with the Secretary which shall provide for the operation by the institution of a program of cooperative education of its students (on the basis described in subparagraph (A) or (B) of paragraph (1)) by a private for-profit organization under an agreement between the institution and such organization that complies with the requirements of subsection (c).

added “(3) Full-time basis period—The period specified in paragraph (1)(B) may be non-consecutive and include participation during qualified periods of nonenrollment (as defined in subsection (f)(3)).

added “(4) Cooperative education defined—In this subsection, the term cooperative education means a program of alternating or parallel periods of academic study and work-based learning designed to give students work experiences related to their academic or career objectives.

added “(h) Notification regarding SNAP

added “(1) In general—An institution receiving a grant under this part shall send a notification (by email or other electronic means) to each eligible student informing the student of their potential eligibility for participation in the SNAP and the process for obtaining more information, confirming eligibility, and accessing benefits under that program. The notification shall be developed by the Secretary of Education in consultation with the Secretary of Agriculture, and shall include details on eligibility requirements for participation in the SNAP that a student must satisfy. The notification shall be, to the extent practicable, specific to the student’s State of residence and shall provide contact information for the local office where an application for the SNAP may be made.

added “(2) Evidence of participation in federally financed work-study program—The notification under paragraph (1) shall include an official document confirming that the recipient is an eligible student sufficient for purposes of demonstrating that the exclusion from ineligibility for participation in the SNAP under section 6(e)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)(4)) applies to the student.

added “(3) Guidance—The Secretary of Education, in consultation with the Secretary of Agriculture, shall provide guidance to States and institutions of higher education on how to identify and communicate with students who are likely to be eligible for the SNAP, including those eligible for a State or federally financed work-study program.

added “(4) Definitions—For purposes of this subsection:

added “(A) The term eligible student means a student receiving work-study assistance under this part.

added “(B) The term SNAP means the supplemental nutrition assistance program (as defined in section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t))).”

added Section 446 of the Higher Education Act of 1965 (20 U.S.C. 1087–56) is amended—

“(1) provide satisfactory assurance that the institution will prioritize placing students with exceptional need (as defined in section 413C(c)(2)) and Federal work-study recipients in jobs located and developed under this section; and

“(2) provide satisfactory assurances that the funds available under this section will be used to locate and develop work-based learning positions;”

“(A) the number of students employed in work-based learning positions through such program;

“(B) the number of students demonstrating exceptional need (as defined in section 413C(c)(2)) and Federal work-study recipients employed through such program; and

“(C) the number of students demonstrating exceptional need (as defined in section 413C(c)(2)) and Federal work-study recipients employed in work-based learning positions through such program.”

changed Part C of title IV Section 448 of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq.) 1087–58) is amended by adding at the end the following:amended—

added “(1) In general—Each eligible institution”

added “(2) Application dates—The Secretary shall require an eligible institution that submits an application for funding under this section for the first time to submit such application 5 months prior to the application due date for returning applicants.”

added “(B) is accredited by an accrediting agency or association recognized by the Secretary pursuant to part H, has operated a work-study program under this part for at least the 2 years preceding the date of the determination, and has operated a comprehensive student work-learning-service program for at least the 2 years preceding the date of the determination;”

added “(A) is a 4-year, degree-granting program;”

removed “449. Work-based learning opportunities pilot grant program

removed “(a) Establishment

removed “(1) In general—The Secretary shall establish a program to provide grants to eligible institutions participating under this part to establish or expand a program to develop work-based learning positions.

removed “(2) Limitations

removed “(A) Duration—A grant awarded under this section shall be for a period of not more than 4 years, but may be renewed by the Secretary for a period of 2 years.

removed “(B) Amount—A grant under this section may not be in an amount greater than $1,000,000.

removed “(b) Application—To be selected to receive a grant under this section an eligible institution participating under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan that describes how the eligible institution will establish or expand a program to develop work-based learning positions that will—

removed “(1) benefit students who demonstrate exceptional need (as defined in section 413C(c)(2));

removed “(2) identify high-demand occupations (as determined by the Bureau of Labor and Statistics, State departments of labor, and local workforce investment boards) and develop partnerships with high-demand employers (including nonprofit organizations, for-profit firms, or public agencies);

removed “(3) involve participating employers in evaluating and improving such program;

removed “(4) track and report academic and employment outcomes for participating students; and

removed “(5) be able to continue after the end of the grant term.

removed “(c) Use of funds—Grant funds awarded under this program shall be used to pay wages for students participating under this program and develop work-based learning positions that—

removed “(1) are for a period of at least 12 weeks;

removed “(2) serve students who demonstrate exceptional need (as defined in section 413C(c)(2));

removed “(3) limit administrative work to no more than 25 percent of such position;

removed “(4) provide a minimum of 15 hours of work per week during periods of enrollment and 30 hours per week during periods of nonenrollment, except such requirement may be waived by the institution in consultation with a student;

removed “(5) include career coaching from participating employers (including mock interviews, resume writing assistance, and counseling on applying for and attaining employment); and

removed “(6) provide participating students with opportunities to meet with employers in fields or industries related to those of participating employers.

removed “(d) Report—On a date that is before the date on which the period of the grant received by an eligible institution under this section terminates, such institution shall submit a report to the Secretary including—

removed “(1) the graduation rate or completion rate (as described under section 442(a)(1)(C)) with respect to students participating in work-based learning positions under the pilot program; and

removed “(2) the results of the work-based learning opportunities program for which such institution received such grant, including—

removed “(A) participating students’ satisfaction with the program as reported in surveys under section 450, as amended by section 4208 of the College Affordability Act;

removed “(B) the types of jobs in which participating students were employed and the types of duties performed in such jobs;

removed “(C) the academic programs of the participating students;

removed “(D) the share of participating students who worked at another job, in addition to the one under the pilot program;

removed “(E) the percentage of participating students who, during the second quarter after completing their academic program, are in education or training activities or unsubsidized employment;

removed “(F) the percentage of participating students employed in high-demand occupations within 2 quarters of completing their academic programs; and

removed “(G) other items as deemed relevant by the Secretary.

removed “(e) Reservation of funding for such program—From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under section 442(a)(1), the Secretary shall reserve $30,000,000 to carry out grants under this section.”

changed Part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq.), as amended by section 4207, this part, is further amended by adding at the end the following:

changed “450. Department activities“449. Work-based learning opportunities pilot grant program

changed “(a) Surveys—Not later than 1 year after the date of the enactment of this section, the Secretary shall develop, in consultation with work-study administrators from institutions of higher education, participating employers, and participating students—Establishment

changed “(1) In general—The Secretary shall establish a consumer-tested electronic survey for students awarded work-study employment under the Federal work-study program to provide grants to eligible institutions participating under this part that—to establish or expand a program to develop work-based learning positions.

changed “(A) measures each such student’s satisfaction with the Federal work-study program, including—“(2) Limitations

changed “(i) any complaints the student has with respect to “(A) Duration—A grant awarded under this section shall be for a period of not more than 4 years, but may be renewed by the program;Secretary for a period of 2 years.

changed “(ii) the “(B) Amount—A grant under this section may not be in an amount and quality of the on-the-job training the student received;greater than $1,000,000.

changed “(iii) “(b) Application—To be selected to receive a grant under this section an eligible institution participating under this part shall submit an application to the amount and quality of on-the-job supervision Secretary at such time, in such manner, and employer feedback containing such information as the student received;Secretary may require, including a plan that describes how the eligible institution will establish or expand a program to develop work-based learning positions that will—

changed “(iv) the amount and quality of information provided by the institution about the work-study program and job opportunities and the availability of work-study staff at the institution;“(1) benefit students who demonstrate exceptional need (as defined in section 413C(c)(2));

changed “(v) the quality “(2) identify in-demand industry sectors and occupations (as defined in section 3 of the assistance provided by the institution to the student in finding a work-study job Workforce Innovation and Opportunity Act (29 U.S.C. 3102) and as determined by the availability Bureau of types Labor and Statistics, State departments of jobs; andlabor, and local boards (as defined in such section 3)) and develop partnerships with high-demand employers (including nonprofit organizations, joint labor-management organizations, for-profit firms, or public agencies);

changed “(vi) the student’s overall satisfaction with the work-study “(3) involve participating employers in evaluating and improving such program;

changed “(B) measures the applicability of work-study employment to the educational goals “(4) track and career goals of each such student;report academic and employment outcomes for participating students; and

changed “(C) elicits an assessment by each such student “(5) be able to continue after the end of the capacity to manage time between work-study employment and coursework;grant term.

changed “(D) measures, with respect “(c) Use of funds—Grant funds awarded under this program shall be used to the program—pay wages for students participating under this program and develop work-based learning positions that—

changed “(i) the award amounts under the program;“(1) are for a period of at least 12 weeks;

changed “(ii) the average number of hours “(2) serve students worked per week, and the wages received for such work;who demonstrate exceptional need (as defined in section 413C(c)(2));

changed “(iii) the number “(3) limit administrative work to no more than 25 percent of on campus jobs and off campus jobs;such position;

changed “(iv) how students located work-study positions;“(4) provide a minimum of 15 hours of work per week during periods of enrollment and 30 hours per week during periods of nonenrollment, except such requirement may be waived by the institution in consultation with a student;

changed “(v) the work performed at each job;“(5) include career coaching from participating employers (including mock interviews, resume writing assistance, career exploration, and counseling on applying for and attaining employment); and

changed “(vi) whether “(6) provide participating students worked additional jobs while employed with opportunities to meet with employers in a work-study job (and the reason for such additional job);fields or industries related to those of participating employers.

changed “(vii) whether “(d) Report—On a date that is before the work-study employment had an impact date on which the student’s academic performance; andperiod of the grant received by an eligible institution under this section terminates, such institution shall submit a report to the Secretary including—

changed “(viii) “(1) the voluntarily disclosed demographics of graduation rate or completion rate (as described under section 442(a)(1)(C)) with respect to students awarded work-study employment; participating in work-based learning positions under the pilot program; and

changed “(E) includes such information as “(2) the Secretary may require; andresults of the work-based learning opportunities program for which such institution received such grant, including—

changed “(2) a consumer-tested electronic survey for employers of students described “(A) participating students’ satisfaction with the program as reported in paragraph (1) that—surveys under section 450, as added by section 4209 of the College Affordability Act;

changed “(A) measures each such employer’s satisfaction with “(B) the Federal work-study program, including—types of jobs in which participating students were employed and the types of duties performed in such jobs;

changed “(i) “(C) the extent to which academic programs of the employer is satisfied with its ability to accommodate students’ schedules;participating students;

changed “(ii) “(D) the extent share of participating students who worked at another job, in addition to which student-employees are prepared for the duties advertised for one under the job; andpilot program;

changed “(iii) “(E) the extent to which percentage of participating students who, during the employer is satisfied with opportunities to make recommendations for improving institutions’ second quarter after completing their academic programs;program, are in education or training activities or unsubsidized employment;

changed “(B) elicits an assessment by each such employer of—“(F) the percentage of participating students employed in in-demand industry sectors or occupations as described in subsection (b)(2) within 2 quarters of completing their academic programs; and

changed “(i) any complaints the employer had with respect to “(G) other items as deemed relevant by the program;Secretary.

changed “(ii) any skills or knowledge necessary “(e) Reservation of funding for such program—From the job that student-employees are lacking; andamount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under section 442(a)(1), the Secretary shall reserve $30,000,000 to carry out grants under this section.”

removed “(iii) the extent of outreach from institutions to the employer; and

removed “(C) includes such information as the Secretary may require; and

removed “(3) a consumer-tested electronic survey that, not less than once every 4 years, with respect to each institution of higher education participating in the Federal work-study program, measures—

removed “(A) methods used to recruit on-campus and off-campus employers;

removed “(B) if an institution operates a job location development program—

removed “(i) the share of jobs filled on-campus and off-campus;

removed “(ii) the share of jobs filled by—

removed “(I) work-study recipients; and

removed “(II) students who demonstrate exceptional need (as defined in section 413C(c)(2));

removed “(iii) the primary factors considered in matching work-study students and jobs;

removed “(iv) the share of students employed in work-based learning opportunities; and

removed “(v) the share of students employed during qualified periods of nonenrollment, including the share of students with exceptional need (as defined in section 413C(c)(2)) employed during qualified periods of nonenrollment;

removed “(C) the institution’s Federal and non-Federal contributions toward work-study wages;

removed “(D) the primary factors considered in awarding students work-study and in determining the amount of the award;

removed “(E) the acceptance rate among students who were offered work-study aid; and

removed “(F) other information the Secretary may require.

removed “(b) Results—The Secretary shall develop an online portal—

removed “(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and

removed “(2) to compile the results of such surveys.

removed “(c) Report—Not less than once every 4 years after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes—

removed “(1) the data collected under this section (redacted for personal information);

removed “(2) with respect to students employed in work-study through the Federal work-study program—

removed “(A) the types of jobs such students participated in;

removed “(B) the average hours worked per week;

removed “(C) the average award amount;

removed “(D) the average wage rates;

removed “(E) the extent to which students enter employment with skills and knowledge gained from work-study participation that have prepared them for the job; and

removed “(F) the students’ satisfaction with the program and primary complaints;