Division 2—Gaining Early Awareness and Readiness for Undergraduate 

Programs 

CODIFICATION

Chapter 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965, comprising 

this division, was originally added to Pub. L. 89–329, title IV, by Pub. L. 102–325, title IV, 

§402(a)(4), July 23, 1992, 106 Stat. 492, and amended by Pub. L. 103–208, Dec. 20, 1993, 107 

Stat. 2457; Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518; Pub. L. 104–193, Aug. 22, 1996, 

110 Stat. 2105. Chapter 2 is shown herein, however, as having been added by Pub. L. 105–

244, title IV, §403, Oct. 7, 1998, 112 Stat. 1656, without reference to those intervening 

amendments because of the extensive revision of chapter 2 by Pub. L. 105–244. 

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

(a) Program authorized 

The Secretary is authorized, in accordance with the requirements of this division, to establish 

a program that encourages eligible entities to provide support, and maintain a commitment, to 

eligible low-income students, including students with disabilities, to assist the students in 

obtaining a secondary school diploma (or its recognized equivalent) and to prepare for and 

succeed in postsecondary education, by providing— 

(1) financial assistance, academic support, additional counseling, mentoring, 

outreach, and supportive services to secondary school students, including students 

with disabilities, to reduce— 

(A) the risk of such students dropping out of school; or 

(B) the need for remedial education for such students at the postsecondary 

level; and 

(2) information to students and their families about the advantages of obtaining a 

postsecondary education and, college financing options for the students and their 

families. 

(b) Awards 

(1) In general 

From funds appropriated under section 1070a–28 of this title for each fiscal year, 

the Secretary shall make awards to eligible entities described in paragraphs (1) and 

(2) of subsection (c) of this section to enable the entities to carry out the program 

authorized under subsection (a) of this section. 

(2) Award period 

The Secretary may award a grant under this division to an eligible entity described 

in paragraphs (1) and (2) of subsection (c) for— 

(A) six years; or 

(B) in the case of an eligible entity that applies for a grant under this division for 

seven years to enable the eligible entity to provide services to a student through 

the student's first year of attendance at an institution of higher education, seven 

years. 

(3) Priority 
In making awards to eligible entities described in subsection (c)(1), the Secretary 

shall— 

(A) give priority to eligible entities that— 

(i) on the day before August 14, 2008, carried out successful educational 

opportunity programs under this division (as this division was in effect on such 

day); and 

(ii) have a prior, demonstrated commitment to early intervention leading to 

college access through collaboration and replication of successful strategies; 

and 

(B) ensure that students served under this division on the day before August 14, 

2008, continue to receive assistance through the completion of secondary school. 

(c) “Eligible entity” defined 

For the purposes of this division, the term “eligible entity” means— 

(1) a State; or 

(2) a partnership— 

(A) consisting of— 

(i) one or more local educational agencies; and 

(ii) one or more degree granting institutions of higher education; and 

(B) which may include not less than two other community organizations or 

entities, such as businesses, professional organizations, State agencies, 

institutions or agencies sponsoring programs authorized under subpart 4, or other 

public or private agencies or organizations. 

(Pub. L. 89–329, title IV, §404A, as added Pub. L. 105–244, title IV, §403, Oct. 7, 1998, 112 

Stat. 1656; amended Pub. L. 110–315, title IV, §404(a), Aug. 14, 2008, 122 Stat. 3206.) 

PRIOR PROVISIONS

A prior section 1070a–21, Pub. L. 89–329, title IV, §404A, as added Pub. L. 102–325, title IV, 

§402(a)(4), July 23, 1992, 106 Stat. 492; amended Pub. L. 103–208, §2(b)(12), Dec. 20, 1993, 

107 Stat. 2459, authorized establishment of early intervention program, prior to the general 

amendment of this division by Pub. L. 105–244. 

AMENDMENTS

2008—Subsec. (a). Pub. L. 110–315, §404(a)(1), added subsec. (a) and struck out former 

subsec. (a). Prior to amendment, text read as follows: “The Secretary is authorized, in 

accordance with the requirements of this division, to establish a program that— 

“(1) encourages eligible entities to provide or maintain a guarantee to eligible 

low-income students who obtain a secondary school diploma (or its recognized 

equivalent), of the financial assistance necessary to permit the students to attend an 

institution of higher education; and 

“(2) supports eligible entities in providing— 

“(A) additional counseling, mentoring, academic support, outreach, and 

supportive services to elementary school, middle school, and secondary school 

students who are at risk of dropping out of school; and 

“(B) information to students and their parents about the advantages of 

obtaining a postsecondary education and the college financing options for the 

students and their parents.” 
Subsec. (b)(2), (3). Pub. L. 110–315, §404(a)(2), added pars. (2) and (3) and struck out 

former par. (2) which related to priority in making awards to eligible entities. 

Subsec. (c)(2). Pub. L. 110–315, §404(a)(3), added par. (2) and struck out former par. (2). 

Prior to amendment, text read as follows: “a partnership consisting of— 

“(A) one or more local educational agencies acting on behalf of— 

“(i) one or more elementary schools or secondary schools; and 

“(ii) the secondary schools that students from the schools described in 

clause (i) would normally attend; 

“(B) one or more degree granting institutions of higher education; and 

“(C) at least two community organizations or entities, such as businesses, 

professional associations, community-based organizations, philanthropic 

organizations, State agencies, institutions or agencies sponsoring programs 

authorized under subpart 4 of this part, or other public or private agencies or 

organizations.” 

EFFECTIVE DATE

Division effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 

3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 

of this title. 

EVALUATION OF TUITION GUARANTY PROGRAMS

Pub. L. 102–325, title XIV, §1407, July 23, 1992, 106 Stat. 819, directed Secretary of 

Education to conduct study of effectiveness of programs for disadvantaged children that 

promise the child financial resources needed to pursue postsecondary education in exchange 

for child's commitment to achieve satisfactory elementary and secondary education, and to 

submit reports regarding study by June 30, 1996, and by Jan. 1, 1997, to committees of 

Congress, prior to repeal by Pub. L. 105–332, §6(b)(2), Oct. 31, 1998, 112 Stat. 3128. 

§1070a–22. Requirements 

(a) Funding rules 

In awarding grants from the amount appropriated under section 1070a–28 of this title for a 

fiscal year, the Secretary shall make available— 

(1) to eligible entities described in section 1070a–21(c)(1) of this title, not less than 

33 percent of such amount; 

(2) to eligible entities described in section 1070a–21(c)(2) of this title, not less than 

33 percent of such amount; and 

(3) to eligible entities described in paragraph (1) or (2) of section 1070a–21(c) of 

this title, the remainder of such amount taking into consideration the number, quality, 

and promise of the applications for the grants, and, to the extent practicable— 

(A) the geographic distribution of such grant awards; and 

(B) the distribution of such grant awards between urban and rural applicants. 

(b) Coordination 

Each eligible entity shall ensure that the activities assisted under this division are, to the 

extent practicable, coordinated with, and complement and enhance— 

(1) services under this division provided by other eligible entities serving the same 

school district or State; and 

(2) related services under other Federal or non-Federal programs. 
(c) Designation of fiscal agent 

An eligible entity described in section 1070a–21(c)(2) of this title shall designate an institution 

of higher education or a local educational agency as the fiscal agent for the eligible entity. 

(d) Cohort approach 

(1) In general 

The Secretary shall require that eligible entities described in section 1070a–

21(c)(2) of this title— 

(A) provide services under this division to at least one grade level of students, 

beginning not later than 7th grade, in a participating school that has a 7th grade 

and in which at least 50 percent of the students enrolled are eligible for free or 

reduced-price lunch under the Richard B. Russell National School Lunch Act [42 

U.S.C. 1751 et seq.] (or, if an eligible entity determines that it would promote the 

effectiveness of a program, an entire grade level of students, beginning not later 

than the 7th grade, who reside in public housing as defined in section 1437a(b)(1) 

of title 42); 

(B) ensure that the services are provided through the 12th grade to students in 

the participating grade level and provide the option of continued services through 

the student's first year of attendance at an institution of higher education to the 

extent the provision of such services was described in the eligible entity's 

application for assistance under this division; and 

(C) provide services under this division to students who have received services 

under a previous GEAR UP grant award but have not yet completed the 12th 

grade. 

(2) Coordination requirement 

In order for the Secretary to require the cohort approach described in paragraph 

(1), the Secretary shall, where applicable, ensure that the cohort approach is done in 

coordination and collaboration with existing early intervention programs and does not 

duplicate the services already provided to a school or community. 

(e) Supplement, not supplant 

Grant funds awarded under this division shall be used to supplement, and not supplant, other 

Federal, State, and local funds that would otherwise be expended to carry out activities assisted 

under this division. 

(Pub. L. 89–329, title IV, §404B, as added Pub. L. 105–244, title IV, §403, Oct. 7, 1998, 112 

Stat. 1657; amended Pub. L. 106–78, title VII, §752(b)(8), Oct. 22, 1999, 113 Stat. 1169; Pub. L. 

110–315, title IV, §404(b), Aug. 14, 2008, 122 Stat. 3207.) 

REFERENCES IN TEXT

The Richard B. Russell National School Lunch Act, referred to in subsec. (d)(1)(A), is act 

June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§1751 et seq.) 

of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, 

see Short Title note set out under section 1751 of Title 42 and Tables. 

PRIOR PROVISIONS

A prior section 1070a–22, Pub. L. 89–329, title IV, §404B, as added Pub. L. 102–325, title IV, 

§402(a)(4), July 23, 1992, 106 Stat. 492; amended Pub. L. 103–208, §2(b)(13), (14), Dec. 20, 

1993, 107 Stat. 2459, related to State eligibility and State plan, prior to the general amendment 

of this division by Pub. L. 105–244. 

AMENDMENTS
2008—Subsec. (a). Pub. L. 110–315, §404(b)(1), added subsec. (a) and struck out former 

subsec. (a) which related to funding rules. 

Subsecs. (b), (c). Pub. L. 110–315, §404(b)(2), (3), redesignated subsecs. (c) and (d) as (b) 

and (c), respectively, and struck out former subsec. (b). Text read as follows: “Each eligible 

entity described in section 1070a–21(c)(1) of this title, and each eligible entity described in 

section 1070a–21(c)(2) of this title that conducts a scholarship component under section 

1070a–25 of this title, shall use not less than 25 percent and not more than 50 percent of grant 

funds received under this division for the early intervention component of an eligible entity's 

program under this division, except that the Secretary may waive the 50 percent limitation if the 

eligible entity demonstrates that the eligible entity has another means of providing the students 

with financial assistance that is described in the plan submitted under section 1070a–23 of this 

title.” 

Subsec. (d). Pub. L. 110–315, §404(b)(3), redesignated subsec. (g) as (d). Former subsec. 

(d) redesignated (c). 

Subsec. (d)(1)(B), (C). Pub. L. 110–315, §404(b)(4), inserted “and provide the option of 

continued services through the student's first year of attendance at an institution of higher 

education to the extent the provision of such services was described in the eligible entity's 

application for assistance under this division” after “grade level” in par. (B) and added par. (C). 

Subsec. (e). Pub. L. 110–315, §404(b)(2), (5), added subsec. (e) and struck out former 

subsec. (e). Prior to amendment, text read as follows: “An eligible entity described in section 

1070a–21(c)(2) of this title shall have a full-time program coordinator or a part-time program 

coordinator, whose primary responsibility is a project under section 1070a–23 of this title.” 

Subsec. (f). Pub. L. 110–315, §404(b)(2), struck out subsec. (f). Text read as follows: “An 

eligible entity described in 1070a–21(c)(2) of this title shall ensure that the activities assisted 

under this division will not displace an employee or eliminate a position at a school assisted 

under this division, including a partial displacement such as a reduction in hours, wages or 

employment benefits.” 

Subsec. (g). Pub. L. 110–315, §404(b)(3), redesignated subsec. (g) as (d). 

1999—Subsec. (g)(1)(A). Pub. L. 106–78 substituted “Richard B. Russell National School 

Lunch Act” for “National School Lunch Act”. 

§1070a–23. Applications 

(a) Application required for eligibility 

(1) In general 

In order for an eligible entity to qualify for a grant under this division, the eligible 

entity shall submit to the Secretary an application for carrying out the program under 

this division. 

(2) Contents 

Each application submitted pursuant to paragraph (1) shall be in such form, contain 

or be accompanied by such information or assurances, and be submitted at such time 

as the Secretary may reasonably require. Each such application shall, at a 

minimum— 

(A) describe the activities for which assistance under this division is sought, 

including how the eligible entity will carry out the required activities described in 

section 1070a–24(a) of this title; 
(B) describe, in the case of an eligible entity described in section 1070a–21(c)(2) 

of this title that chooses to provide scholarships, or an eligible entity described in 

section 1070a–21(c)(1) of this title, how the eligible entity will meet the 

requirements of section 1070a–25 of this title; 

(C) describe, in the case of an eligible entity described in section 1070a–21(c)(2) 

of this title that requests a reduced match percentage under subsection (b)(2), how 

such reduction will assist the entity to provide the scholarships described in 

subsection (b)(2)(A)(ii); 

(D) provide assurances that adequate administrative and support staff will be 

responsible for coordinating the activities described in section 1070a–24 of this 

title; 

(E) provide assurances that activities assisted under this division will not 

displace an employee or eliminate a position at a school assisted under this 

division, including a partial displacement such as a reduction in hours, wages, or 

employment benefits; 

(F) describe, in the case of an eligible entity described in section 1070a–21(c)(1) 

of this title that chooses to use a cohort approach, or an eligible entity described in 

section 1070a–21(c)(2) of this title, how the eligible entity will define the cohorts of 

the students served by the eligible entity pursuant to section 1070a–22(d) of this 

title, and how the eligible entity will serve the cohorts through grade 12, including— 

(i) how vacancies in the program under this division will be filled; and 

(ii) how the eligible entity will serve students attending different secondary 

schools; 

(G) describe how the eligible entity will coordinate programs under this division 

with other existing Federal, State, or local programs to avoid duplication and 

maximize the number of students served; 

(H) provide such additional assurances as the Secretary determines necessary 

to ensure compliance with the requirements of this division; 

(I) provide information about the activities that will be carried out by the eligible 

entity to support systemic changes from which future cohorts of students will 

benefit; and 

(J) describe the sources of matching funds that will enable the eligible entity to 

meet the matching requirement described in subsection (b). 

(b) Matching requirement 

(1) In general 

The Secretary shall not approve an application submitted under subsection (a) 

unless such application— 

(A) provides that the eligible entity will provide, from State, local, institutional, or 

private funds, not less than 50 percent of the cost of the program, which matching 

funds may be provided in cash or in kind and may be accrued over the full duration 

of the grant award period, except that the eligible entity shall make substantial 

progress towards meeting the matching requirement in each year of the grant 

award period; 

(B) specifies the methods by which matching funds will be paid; and 

(C) includes provisions designed to ensure that funds provided under this 

division shall supplement and not supplant funds expended for existing programs. 

(2) Special rule 
Notwithstanding the matching requirement described in paragraph (1)(A), the 

Secretary may by regulation modify the percentage requirement described in 

paragraph (1)(A) for eligible entities described in section 1070a–21(c)(2) of this title. 

The Secretary may approve an eligible entity's request for a reduced match 

percentage— 

(A) at the time of application— 

(i) if the eligible entity demonstrates significant economic hardship that 

precludes the eligible entity from meeting the matching requirement; or 

(ii) if the eligible entity is described in section 1070a–21(c)(2) of this title and 

requests that contributions to the eligible entity's scholarship fund established 

under section 1070a–25 of this title be matched on a two to one basis; or 

(B) in response to a petition by an eligible entity subsequent to a grant award 

under this section if the eligible entity demonstrates that the matching funds 

described in its application are no longer available and the eligible entity has 

exhausted all revenues for replacing such matching funds. 

(c) Methods for complying with matching requirement 

An eligible entity may count toward the matching requirement described in subsection 

(b)(1)(A)— 

(1) the amount of the financial assistance obligated to students from State, local, 

institutional, or private funds under this division, including pre-existing non-Federal 

financial assistance programs, including— 

(A) the amount contributed to a student scholarship fund established under 

section 1070a–25 of this title; and 

(B) the amount of the costs of administering the scholarship program under 

section 1070a–25 of this title; 

(2) the amount of tuition, fees, room or board waived or reduced for recipients of 

financial assistance under this division; 

(3) the amount expended on documented, targeted, long-term mentoring and 

counseling provided by volunteers or paid staff of nonschool organizations, including 

businesses, religious organizations, community groups, postsecondary educational 

institutions, nonprofit and philanthropic organizations, and other organizations; and 

(4) other resources recognized by the Secretary, including equipment and supplies, 

cash contributions from non-Federal sources, transportation expenses, in-kind or 

discounted program services, indirect costs, and facility usage. 

(d) Peer review panels 

The Secretary shall convene peer review panels to assist in making determinations regarding 

the awarding of grants under this division. 

(Pub. L. 89–329, title IV, §404C, as added Pub. L. 105–244, title IV, §403, Oct. 7, 1998, 112 

Stat. 1658; amended Pub. L. 110–315, title IV, §404(c), Aug. 14, 2008, 122 Stat. 3208.) 

PRIOR PROVISIONS

A prior section 1070a–23, Pub. L. 89–329, title IV, §404C, as added Pub. L. 102–325, title IV, 

§402(a)(4), July 23, 1992, 106 Stat. 493; amended Pub. L. 103–208, §2(b)(15)–(17), Dec. 20, 

1993, 107 Stat. 2459; Pub. L. 104–193, title I, §110(h)(1), Aug. 22, 1996, 110 Stat. 2172, related 

to early intervention, prior to the general amendment of this division by Pub. L. 105–244. See 

section 1070a–24 of this title. 

AMENDMENTS
2008—Pub. L. 110–315, §404(c)(1), substituted “Applications” for “Eligible entity plans” in 

section catchline. 

Subsec. (a). Pub. L. 110–315, §404(c)(2)(A), substituted “Application” for “Plan” in heading. 

Subsec. (a)(1). Pub. L. 110–315, §404(c)(2)(B), substituted “an application” for “a plan” and 

struck out at end “Such plan shall provide for the conduct of a scholarship component if required 

or undertaken pursuant to section 1070a–25 of this title and an early intervention component 

required pursuant to section 1070a–24 of this title.” 

Subsec. (a)(2). Pub. L. 110–315, §404(c)(2)(C), added par. (2) and struck out former par. (2). 

Prior to amendment, text read as follows: “Each plan submitted pursuant to paragraph (1) shall 

be in such form, contain or be accompanied by such information or assurances, and be 

submitted at such time as the Secretary may require by regulation. Each such plan shall— 

“(A) describe the activities for which assistance under this division is sought; and 

“(B) provide such additional assurances as the Secretary determines necessary 

to ensure compliance with the requirements of this division.” 

Subsec. (b)(1). Pub. L. 110–315, §404(c)(3)(A), substituted “an application” for “a plan” and 

“such application” for “such plan” in introductory provisions. 

Subsec. (b)(1)(A). Pub. L. 110–315, §404(c)(3)(B), which directed insertion of “and may be 

accrued over the full duration of the grant award period, except that the eligible entity shall make 

substantial progress towards meeting the matching requirement in each year of the grant award 

period” after “in cash or in-kind”, was executed by making the insertion after “in cash or in kind” 

to reflect the probable intent of Congress. 

Subsec. (b)(2). Pub. L. 110–315, §404(c)(3)(C), inserted at end “The Secretary may approve 

an eligible entity's request for a reduced match percentage—” and subpars. (A) and (B). 

Subsec. (c)(1). Pub. L. 110–315, §404(c)(4)(A), substituted “obligated to students from State, 

local, institutional, or private funds under this division, including pre-existing non-Federal 

financial assistance programs, including—” and subpars. (A) and (B) for “paid to students from 

State, local, institutional, or private funds under this division;”. 

Subsec. (c)(4). Pub. L. 110–315, §404(c)(4)(B)–(D), added par. (4). 

§1070a–24. Activities 

(a) Required activities 

Each eligible entity receiving a grant under this division shall provide comprehensive 

mentoring, outreach, and supportive services to students participating in the programs under 

this division. Such activities shall include the following: 

(1) Providing information regarding financial aid for postsecondary education to 

participating students in the cohort described in section 1070a–22(d)(1)(A) of this title 

or to priority students described in subsection (d). 

(2) Encouraging student enrollment in rigorous and challenging curricula and 

coursework, in order to reduce the need for remedial coursework at the 

postsecondary level. 

(3) Improving the number of participating students who— 

(A) obtain a secondary school diploma; and 

(B) complete applications for and enroll in a program of postsecondary 

education. 
(4) In the case of an eligible entity described in section 1070a–21(c)(1) of this title, 

providing for the scholarships described in section 1070a–25 of this title. 

(b) Permissible activities for States and partnerships 

An eligible entity that receives a grant under this division may use grant funds to carry out 

one or more of the following activities: 

(1) Providing tutors and mentors, who may include adults or former participants of 

a program under this division, for eligible students. 

(2) Conducting outreach activities to recruit priority students described in 

subsection (d) to participate in program activities. 

(3) Providing supportive services to eligible students. 

(4) Supporting the development or implementation of rigorous academic curricula, 

which may include college preparatory, Advanced Placement, or International 

Baccalaureate programs, and providing participating students access to rigorous core 

academic courses that reflect challenging State academic standards. 

(5) Supporting dual or concurrent enrollment programs between the secondary 

school and institution of higher education partners of an eligible entity described in 

section 1070a–21(c)(2) of this title, and other activities that support participating 

students in— 

(A) meeting challenging State academic standards; 

(B) successfully applying for postsecondary education; 

(C) successfully applying for student financial aid; and 

(D) developing graduation and career plans. 

(6) Providing special programs or tutoring in science, technology, engineering, or 

mathematics. 

(7) In the case of an eligible entity described in section 1070a–21(c)(2) of this title, 

providing support for scholarships described in section 1070a–25 of this title. 

(8) Introducing eligible students to institutions of higher education, through trips 

and school-based sessions. 

(9) Providing an intensive extended school day, school year, or summer program 

that offers— 

(A) additional academic classes; or 

(B) assistance with college admission applications. 

(10) Providing other activities designed to ensure secondary school completion and 

postsecondary education enrollment of at-risk children, such as— 

(A) the identification of at-risk children; 

(B) after-school and summer tutoring; 

(C) assistance to at-risk children in obtaining summer jobs; 

(D) academic counseling; 

(E) financial literacy and economic literacy education or counseling; 

(F) volunteer and parent involvement; 

(G) encouraging former or current participants of a program under this division to 

serve as peer counselors; 

(H) skills assessments; 

(I) personal and family counseling, and home visits; 

(J) staff development; and 

(K) programs and activities described in this subsection that are specially 

designed for students who are limited English proficient. 
(11) Enabling eligible students to enroll in Advanced Placement or International 

Baccalaureate courses, or college entrance examination preparation courses. 

(12) Providing services to eligible students in the participating cohort described in 

section 1070a–22(d)(1)(A) of this title, through the first year of attendance at an 

institution of higher education. 

(13) Fostering and improving parent and family involvement in elementary and 

secondary education by promoting the advantages of a college education, and 

emphasizing academic admission requirements and the need to take college 

preparation courses, through parent engagement and leadership activities. 

(14) Disseminating information that promotes the importance of higher education, 

explains college preparation and admission requirements, and raises awareness of 

the resources and services provided by the eligible entities to eligible students, their 

families, and communities. 

(15) In the event that matching funds described in the application are no longer 

available, engaging entities described in section 1070a–21(c)(2) of this title in a 

collaborative manner to provide matching resources and participate in other activities 

authorized under this section. 

(c) Additional permissible activities for States 

In addition to the required activities described in subsection (a) and the permissible activities 

described in subsection (b), an eligible entity described in section 1070a–21(c)(1) of this title 

receiving funds under this division may use grant funds to carry out one or more of the following 

activities: 

(1) Providing technical assistance to— 

(A) secondary schools that are located within the State; or 

(B) partnerships described in section 1070a–21(c)(2) of this title that are located 

within the State. 

(2) Providing professional development opportunities to individuals working with 

eligible cohorts of students described in section 1070a–22(d)(1)(A) of this title. 

(3) Providing administrative support to help build the capacity of eligible entities 

described in section 1070a–21(c)(2) of this title to compete for and manage grants 

awarded under this division. 

(4) Providing strategies and activities that align efforts in the State to prepare 

eligible students to attend and succeed in postsecondary education, which may 

include the development of graduation and career plans. 

(5) Disseminating information on the use of scientifically valid research and best 

practices to improve services for eligible students. 

(6)(A) Disseminating information on effective coursework and support services that 

assist students in obtaining the goals described in subparagraph (B)(ii). 

(B) Identifying and disseminating information on best practices with respect to— 

(i) increasing parental involvement; and 

(ii) preparing students, including students with disabilities and students who are 

limited English proficient, to succeed academically in, and prepare financially for, 

postsecondary education. 

(7) Working to align State academic standards and curricula with the expectations 

of postsecondary institutions and employers. 

(8) Developing alternatives to traditional secondary school that give students a 

head start on attaining a recognized postsecondary credential (including an industry-
recognized certificate, an apprenticeship, or an associate's or a bachelor's degree), 

including school designs that give students early exposure to college-level courses 

and experiences and allow students to earn transferable college credits or an 

associate's degree at the same time as a secondary school diploma. 

(9) Creating community college programs for drop-outs that are personalized dropout recovery programs that allow drop-outs to complete a regular secondary school 

diploma and begin college-level work. 

(d) Priority students 

For eligible entities not using a cohort approach, the eligible entity shall treat as a priority 

student any student in secondary school who is— 

(1) eligible to be counted under section 6333(c) of this title; 

(2) eligible for assistance under a State program funded under part A or E of title IV 

of the Social Security Act (42 U.S.C. 601 et seq., 670 et seq.); 

(3) eligible for assistance under subtitle B of title VII of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11431 et seq.); or 

(4) otherwise considered by the eligible entity to be a disconnected student. 

(e) Allowable providers 

In the case of eligible entities described in section 1070a–21(c)(1) of this title, the activities 

required by this section may be provided by service providers such as community-based 

organizations, schools, institutions of higher education, public and private agencies, nonprofit 

and philanthropic organizations, businesses, institutions and agencies sponsoring programs 

authorized under subpart 4, and other organizations the State determines appropriate. 

(Pub. L. 89–329, title IV, §404D, as added Pub. L. 105–244, title IV, §403, Oct. 7, 1998, 112 

Stat. 1659; amended Pub. L. 106–78, title VII, §752(b)(8), Oct. 22, 1999, 113 Stat. 1169; Pub. L. 

110–315, title IV, §404(d), Aug. 14, 2008, 122 Stat. 3210.) 

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 

620. Parts A and E of title IV of the Act are classified generally to parts A (§601 et seq.) and E 

(§670 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For 

complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. 

The McKinney-Vento Homeless Assistance Act, referred to in subsec. (d)(3), is Pub. L. 100–

77, July 22, 1987, 101 Stat. 482. Subtitle B of title VII of the Act is classified generally to part B 

(§11431 et seq.) of subchapter VI of chapter 119 of Title 42, The Public Health and Welfare. For 

complete classification of this Act to the Code, see Short Title note set out under section 11301 

of Title 42 and Tables. 

PRIOR PROVISIONS

A prior section 1070a–24, Pub. L. 89–329, title IV, §404D, as added Pub. L. 102–325, title IV, 

§402(a)(4), July 23, 1992, 106 Stat. 495; amended Pub. L. 103–208, §2(b)(18), (19), Dec. 20, 

1993, 107 Stat. 2459, related to scholarship component, prior to the general amendment of this 

division by Pub. L. 105–244. See section 1070a–25 of this title. 

AMENDMENTS

2008—Pub. L. 110–315 amended section generally. Prior to amendment, section consisted 

of subsecs. (a) to (d) providing for services, use of funds, priority students, and allowable 

providers relating to early intervention. 

1999—Subsec. (c)(2). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch 

Act” for “National School Lunch Act”. 
§1070a–25. Scholarship component 

(a) In general 

(1) States 

In order to receive a grant under this division, an eligible entity described in section 

1070a–21(c)(1) of this title shall establish or maintain a financial assistance program 

that awards scholarships to students in accordance with the requirements of this 

section. The Secretary shall encourage the eligible entity to ensure that a scholarship 

provided pursuant to this section is available to an eligible student for use at any 

institution of higher education. 

(2) Partnerships 

An eligible entity described in section 1070a–21(c)(2) of this title may award 

scholarships to eligible students in accordance with the requirements of this section. 

(b) Limitation 

(1) In general 

Subject to paragraph (2), each eligible entity described in section 1070a–21(c)(1) 

of this title that receives a grant under this division shall use not less than 25 percent 

and not more than 50 percent of the grant funds for activities described in section 

1070a–24 of this title (except for the activity described in subsection (a)(4) of such 

section), with the remainder of such funds to be used for a scholarship program under 

this section in accordance with such subsection. 

(2) Exception 

Notwithstanding paragraph (1), the Secretary may allow an eligible entity to use 

more than 50 percent of grant funds received under this division for such activities, if 

the eligible entity demonstrates that the eligible entity has another means of providing 

the students with the financial assistance described in this section and describes 

such means in the application submitted under section 1070a–23 of this title. 

(c) Notification of eligibility 

Each eligible entity providing scholarships under this section shall provide information on the 

eligibility requirements for the scholarships to all participating students upon the students’ entry 

into the programs assisted under this division. 

(d) Grant amounts 

The maximum amount of a scholarship that an eligible student shall be eligible to receive 

under this section shall be established by the eligible entity. The minimum amount of the 

scholarship for each fiscal year shall not be less than the minimum Federal Pell Grant award 

under section 1070a of this title for such award year. 

(e) Portability of assistance 

(1) In general 

Each eligible entity described in section 1070a–21(c)(1) of this title that receives a 

grant under this division shall hold in reserve, for the students served by such grant 

as described in section 1070a–22(d)(1)(A) or 1070a–24(d) of this title, an amount that 

is not less than the minimum scholarship amount described in subsection (d), 

multiplied by the number of students the eligible entity estimates will meet the 

requirements of paragraph (2). 

(2) Requirement for portability 
Funds held in reserve under paragraph (1) shall be made available to an eligible 

student when the eligible student has— 

(A) completed a secondary school diploma, its recognized equivalent, or another 

recognized alternative standard for individuals with disabilities; and 

(B) enrolled in an institution of higher education. 

(3) Qualified educational expenses 

Funds available to an eligible student under this subsection may be used for— 

(A) tuition, fees, books, supplies, and equipment required for the enrollment or 

attendance of the eligible student at an institution of higher education; and 

(B) in the case of an eligible student with special needs, expenses for special 

needs services that are incurred in connection with such enrollment or attendance. 

(4) Return of funds 

(A) Redistribution 

(i) In general 

Funds held in reserve under paragraph (1) that are not used by an eligible 

student within six years of the student's scheduled completion of secondary 

school may be redistributed by the eligible entity to other eligible students. 

(ii) Return of excess to the Secretary 

If, after meeting the requirements of paragraph (1) and, if applicable, 

redistributing excess funds in accordance with clause (i) of this subparagraph, 

an eligible entity has funds held in reserve under paragraph (1) that remain 

available, the eligible entity shall return such remaining reserved funds to the 

Secretary for distribution to other grantees under this division in accordance with 

the funding rules described in section 1070a–22(a) of this title. 

(B) Nonparticipating entity 

Notwithstanding subparagraph (A), in the case of an eligible entity that does not 

receive assistance under this subpart for six fiscal years, the eligible entity shall 

return any funds held in reserve under paragraph (1) that are not awarded or 

obligated to eligible students to the Secretary for distribution to other grantees 

under this division. 

(f) Relation to other assistance 

Scholarships provided under this section shall not be considered for the purpose of awarding 

Federal grant assistance under this subchapter and part C of subchapter I of chapter 34 of title 

42, except that in no case shall the total amount of student financial assistance awarded to a 

student under this subchapter and part C of subchapter I of chapter 34 of title 42 exceed such 

student's total cost of attendance. 

(g) Eligible students 

A student eligible for assistance under this section is a student who— 

(1) is less than 22 years old at time of first scholarship award under this section; 

(2) receives a secondary school diploma or its recognized equivalent on or after 

January 1, 1993; 

(3) is enrolled or accepted for enrollment in a program of undergraduate instruction 

at an institution of higher education that is located within the State's boundaries, 

except that, at the State's option, an eligible entity may offer scholarship program 

portability for recipients who attend institutions of higher education outside such 

State; and 
(4) who participated in the activities required under section 1070a–24(a) of this 

title. 

(Pub. L. 89–329, title IV, §404E, as added Pub. L. 105–244, title IV, §403, Oct. 7, 1998, 112 

Stat. 1661; amended Pub. L. 110–315, title IV, §404(e), Aug. 14, 2008, 122 Stat. 3213.) 

PRIOR PROVISIONS

A prior section 1070a–25, Pub. L. 89–329, title IV, §404E, as added Pub. L. 102–325, title IV, 

§402(a)(4), July 23, 1992, 106 Stat. 495; amended Pub. L. 103–208, §2(b)(20), Dec. 20, 1993, 

107 Stat. 2459, related to distribution of funds, prior to the general amendment of this division 

by Pub. L. 105–244. 

AMENDMENTS

2008—Subsecs. (b), (c). Pub. L. 110–315, §404(e)(3), added subsecs. (b) and (c). Former 

subsecs. (b) and (c) redesignated (d) and (f), respectively. 

Subsec. (d). Pub. L. 110–315, §404(e)(4), substituted “the minimum Federal Pell Grant award 

under section 1070a of this title for such award year” for “the lesser of— 

“(1) 75 percent of the average cost of attendance for an in-State student, in a 4-

year program of instruction, at public institutions of higher education in such State, as 

determined in accordance with regulations prescribed by the Secretary; or 

“(2) the maximum Federal Pell Grant funded under section 1070a of this title for 

such fiscal year”. 

Pub. L. 110–315, §404(e)(2), redesignated subsec. (b) as (d). Former subsec. (d) 

redesignated (g). 

Subsec. (e). Pub. L. 110–315, §404(e)(1), (5), added subsec. (e) and struck out former 

subsec. (e). Prior to amendment, text read as follows: “The Secretary shall ensure that each 

eligible entity places a priority on awarding scholarships to students who will receive a Federal 

Pell Grant for the academic year for which the scholarship is awarded under this section.” 

Subsec. (f). Pub. L. 110–315, §404(e)(1), (2), redesignated subsec. (c) as (f) and struck out 

former subsec. (f). Text read as follows: “An eligible entity may consider students who have 

successfully participated in programs funded under division 1 of this subpart to have met the 

requirements of subsection (d)(4) of this section.” 

Subsec. (g). Pub. L. 110–315, §404(e)(2), redesignated subsec. (d) as (g). 

Subsec. (g)(4). Pub. L. 110–315, §404(e)(6), substituted “activities required under section 

1070a–24(a) of this title” for “early intervention component required under section 1070a–24 of 

this title”. 

EFFECTIVE DATE OF 2008 AMENDMENT

Pub. L. 110–315, title IV, §404(i), as added by Pub. L. 111–39, title IV, §401(c), July 1, 2009, 

123 Stat. 1940, provided that: 

“(1) In general.—The amendments made by subsection (e) [amending this section] shall 

apply to grants made under 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.) on or after the date of enactment of this Act [Aug. 14, 

2008], except that a recipient of a grant under such chapter that is made prior to such date may 

elect to apply the requirements contained in the amendments made by subsection (e) to that 

grant if the grant recipient informs the Secretary of the election. 
“(2) Special rule.—A grant recipient may make the election described in paragraph (1) only if 

the election does not decrease the amount of the scholarship promised to an individual student 

under the grant.” 

§1070a–26. 21st Century Scholar Certificates 

(a) In general 

An eligible entity that receives a grant under this division shall provide certificates, to be 

known as 21st Century Scholar Certificates, to all students served by the eligible entity who are 

participating in a program under this division. 

(b) Information required 

A 21st Century Scholar Certificate shall be personalized for each student and indicate the 

amount of Federal financial aid for college and the estimated amount of any scholarship 

provided under section 1070a–25 of this title, if applicable, that a student may be eligible to 

receive. 

(Pub. L. 89–329, title IV, §404F, as added Pub. L. 105–244, title IV, §403, Oct. 7, 1998, 112 

Stat. 1662; amended Pub. L. 106–78, title VII, §752(b)(8), Oct. 22, 1999, 113 Stat. 1169; Pub. L. 

110–315, title IV, §404(f), Aug. 14, 2008, 122 Stat. 3214.) 

PRIOR PROVISIONS

A prior section 1070a–26, Pub. L. 89–329, title IV, §404F, as added Pub. L. 102–325, title IV, 

§402(a)(4), July 23, 1992, 106 Stat. 496; amended Pub. L. 103–208, §2(b)(21), (22), Dec. 20, 

1993, 107 Stat. 2459, related to evaluation and report, prior to the general amendment of this 

division by Pub. L. 105–244. See section 1070a–27 of this title. 

AMENDMENTS

2008—Pub. L. 110–315 added subsecs. (a) and (b) and struck out former subsecs. (a) and 

(b), which related to the provision of 21st Century Scholar Certificates and required that such 

Certificates be personalized for each student. 

1999—Subsec. (a)(2). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch 

Act” for “National School Lunch Act”. 

§1070a–27. Evaluation and report 

(a) Evaluation 

Each eligible entity receiving a grant under this division shall biennially evaluate the activities 

assisted under this division in accordance with the standards described in subsection (b) of this 

section and shall submit to the Secretary a copy of such evaluation. The evaluation shall permit 

service providers to track eligible student progress during the period such students are 

participating in the activities and shall be consistent with the standards developed by the 

Secretary pursuant to subsection (b) of this section. 

(b) Evaluation standards 

The Secretary shall prescribe standards for the evaluation described in subsection (a) of this 

section. Such standards shall— 

(1) provide for input from eligible entities and service providers; and 

(2) ensure that data protocols and procedures are consistent and uniform. 

(c) Federal evaluation 

In order to evaluate and improve the impact of the activities assisted under this division, the 

Secretary shall, from not more than 0.75 percent of the funds appropriated under section 

1070a–28 of this title for a fiscal year, award one or more grants, contracts, or cooperative 
agreements to or with public and private institutions and organizations, to enable the institutions 

and organizations to evaluate the effectiveness of the program and, as appropriate, disseminate 

the results of the evaluation. Such evaluation shall include a separate analysis of— 

(1) the implementation of the scholarship component described in section 1070a–

25 of this title; and 

(2) the use of methods for complying with matching requirements described in 

paragraphs (1) and (2) of section 1070a–23(c) of this title. 

(d) Report 

The Secretary shall biennially report to Congress regarding the activities assisted under this 

division and the evaluations conducted pursuant to this section. 

(Pub. L. 89–329, title IV, §404G, as added Pub. L. 105–244, title IV, §403, Oct. 7, 1998, 112 

Stat. 1662; amended Pub. L. 110–315, title IV, §404(g), Aug. 14, 2008, 122 Stat. 3215.) 

PRIOR PROVISIONS

A prior section 1070a–27, Pub. L. 89–329, title IV, §404G, as added Pub. L. 102–325, title IV, 

§402(a)(4), July 23, 1992, 106 Stat. 496; amended Pub. L. 103–208, §2(b)(23), Dec. 20, 1993, 

107 Stat. 2459; Pub. L. 103–382, title III, §354, Oct. 20, 1994, 108 Stat. 3967, authorized 

appropriations for grants under this division, prior to the general amendment of this division by 

Pub. L. 105–244. See section 1070a–28 of this title. 

AMENDMENTS

2008—Subsec. (c). Pub. L. 110–315 inserted at end “Such evaluation shall include a 

separate analysis of—” and pars. (1) and (2). 

§1070a–28. Authorization of appropriations 

There are authorized to be appropriated to carry out this division $400,000,000 for fiscal year 

2009 and such sums as may be necessary for each of the five succeeding fiscal years. 

(Pub. L. 89–329, title IV, §404H, as added Pub. L. 105–244, title IV, §403, Oct. 7, 1998, 112 

Stat. 1663; amended Pub. L. 110–315, title IV, §404(h), Aug. 14, 2008, 122 Stat. 3215.) 

AMENDMENTS

2008—Pub. L. 110–315 substituted “$400,000,000 for fiscal year 2009 and such sums as may 

be necessary for each of the five succeeding fiscal years” for “$200,000,000 for fiscal year 1999 

and such sums as may be necessary for each of the 4 succeeding fiscal years”.