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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1267 Introduced in Senate (IS)]

  1st Session
                                S. 1267

 To amend title IV of the Higher Education Act of 1965 to reauthorize 
 the Gaining Early Awareness and Readiness for Undergraduate Programs, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2005

 Mr. Bingaman introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To amend title IV of the Higher Education Act of 1965 to reauthorize 
 the Gaining Early Awareness and Readiness for Undergraduate Programs, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gearing Up for Academic Success 
Act''.

SEC. 2. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE 
              PROGRAMS

    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 to read 
as follows:

 ``CHAPTER 2--GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE 
                                PROGRAMS

``SEC. 404A. DEFINITION OF ELIGIBLE ENTITY.

    ``In this chapter, the term `eligible entity' means--
            ``(1) a State; or
            ``(2) a partnership consisting of--
                    ``(A) 1 or more local educational agencies acting 
                on behalf of--
                            ``(i) 1 or more elementary schools, middle 
                        schools, or secondary schools; and
                            ``(ii) the secondary schools that students 
                        from the schools described in clause (i) would 
                        normally attend;
                    ``(B) 1 or more degree granting institutions of 
                higher education; and
                    ``(C) at least 2 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, or other public or private agencies or 
                organizations.

``SEC. 404B. EARLY INTERVENTION AND COLLEGE AWARENESS PROGRAM 
              AUTHORIZED.

    ``The Secretary is authorized to award grants in accordance with 
section 404C--
            ``(1) to eligible entities described in section 404A(1) to 
        enable the eligible entities to carry out the authorized 
        activities described in section 404D(b); and
            ``(2) to eligible entities described in section 404A(2) to 
        enable the eligible entities to carry out the authorized 
        activities described in section 404D(a).

``SEC. 404C. GRANTS TO ELIGIBLE ENTITIES.

    ``(a) General Reservations.--From the amount appropriated under 
section 404H for a fiscal year the Secretary shall reserve--
            ``(1) an amount sufficient to continue multiyear grant and 
        scholarship awards made under this chapter prior to the date of 
        enactment of the Gearing Up for Academic Success Act, in 
        accordance with the terms and conditions of such awards; and
            ``(2) the amount described in section 404G to carry out 
        section 404G.
    ``(b) Competitive Grant Awards.--
            ``(1) In general.--If the amount appropriated under section 
        404H for a fiscal year is less than $400,000,000, then the 
        Secretary shall use the amount that remains after reserving 
        funds under subsection (a) to award grants, on a competitive 
        basis and in accordance with paragraph (2), to eligible 
        entities described in paragraphs (1) and (2) of section 404A to 
        enable the eligible entities to carry out the authorized 
        activities described in section 404D.
            ``(2) Distribution of competitive grant awards.--From the 
        amount made available under paragraph (1) that remains after 
        reserving funds under subsection (a) for a fiscal year, the 
        Secretary shall--
                    ``(A) make available--
                            ``(i) not less than 33 percent of the 
                        remainder to eligible entities described in 
                        section 404A(1); and
                            ``(ii) not less than 33 percent of the 
                        remainder to eligible entities described in 
                        section 404A(2); and
                    ``(B) award the remainder not made available under 
                subparagraph (A) to eligible entities described in 
                paragraph (1) or (2) of section 404A.
            ``(3) Special rule.--The Secretary shall annually 
        reevaluate the distribution of funds described in paragraph 
        (2)(B) based on the number, quality, and promise of the 
        applications and adjust the distribution accordingly.
    ``(c) Formula and Competitive Grant Awards.--
            ``(1) In general.--If the amount appropriated under section 
        404H for a fiscal year is equal to or greater than 
        $400,000,000, then the Secretary shall use the amount that 
        remains after reserving funds under subsection (a) as follows:
                    ``(A) 33 percent of the remainder shall be used to 
                award grants, from allotments under paragraph (2), to 
                eligible entities described in section 404A(1) to 
                enable the eligible entities to carry out the 
                authorized activities described in section 404D.
                    ``(B) 67 percent of the remainder shall be used to 
                award grants, on a competitive basis, to eligible 
                entities described in section 404A(2) to enable the 
                eligible entities to carry out the authorized 
                activities described in section 404D.
            ``(2) Formula.--
                    ``(A) Reservations.--If the amount appropriated 
                under section 404H is greater than or equal to 
                $400,000,000, then the Secretary shall reserve, in 
                addition to amounts reserved under subsection (a)--
                            ``(i) \1/2\ of 1 percent of the amount to 
                        award grants to the outlying areas according to 
                        their respective needs for assistance under 
                        this chapter to enable the outlying areas to 
                        carry out activities authorized under this 
                        chapter; and
                            ``(ii) 1 percent of the amount to award a 
                        grant to the Bureau of Indian Affairs to enable 
                        the Bureau of Indian Affairs to carry out 
                        activities authorized under this chapter.
                    ``(B) Formula.--If the amount appropriated under 
                section 404H for a fiscal year is equal to or greater 
                than $400,000,000, then the Secretary shall allocate 
                the amount that remains after reserving funds under 
                subsection (a) and subparagraph (A) among eligible 
                entities having plans approved under section 404E as 
                follows:
                            ``(i) 50 percent of the remainder shall be 
                        allocated on the basis of the number of 
                        individuals in the State; and
                            ``(ii) 50 percent of the remainder shall be 
                        allocated on the basis of the number of 
                        children in the State, aged 5 through 17, who 
                        are from families with incomes below the 
                        poverty line.
                    ``(C) Census data.--In allocating funds under 
                subparagraph (A) the Secretary shall use the most 
                recent data available from the Bureau of the Census.
                    ``(D) Definitions.--In this paragraph;
                            ``(i) Outlying area.--The term `outlying 
                        area' means the United States Virgin Islands, 
                        Guam, American Samoa, and the Commonwealth of 
                        the Northern Mariana Islands, the Republic of 
                        the Marshall Islands, the Federated States of 
                        Micronesia, and the Republic of Palau.
                            ``(ii) Poverty line.--The term `poverty 
                        line' means the poverty line (as defined by the 
                        Office of Management and Budget and revised 
                        annually in accordance with section 673(2) of 
                        the Community Services Block Grant Act) 
                        applicable to a family of the size involved.
                            ``(iii) State.--The term `State' means each 
                        of the several States of the United States, the 
                        District of Columbia, and the Commonwealth of 
                        Puerto Rico.

``SEC. 404D. AUTHORIZED ACTIVITIES.

    ``(a) Uses of Funds for Partnerships.--
            ``(1) Cohort approach.--
                    ``(A) In general.--The Secretary shall require that 
                eligible entities described in section 404A(2)--
                            ``(i) provide services under this chapter 
                        to at least 1 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 a free or reduced-
                        price lunch under the Richard B. Russell 
                        National School Lunch Act (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 3(b)(1) of the United States 
                        Housing Act of 1937); and
                            ``(ii) ensure that the services are 
                        provided through the 12th grade to students in 
                        the participating grade level.
                    ``(B) Coordination requirement.--In carrying out 
                subparagraph (A), 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.
            ``(2) Mandatory activities.--In order to receive a grant 
        under this chapter, an eligible entity described in section 
        404A(2) shall demonstrate to the satisfaction of the Secretary, 
        in the plan submitted under section 404E, that the eligible 
        entity will provide activities designed to ensure the secondary 
        school completion and college enrollment of children at risk of 
        dropping out of school, with a focus on providing access to 
        rigorous core courses that reflect challenging academic 
        standards. Such activities shall be designed so as to ensure 
        systemic change in the school, so that future cohorts of 
        children will benefit from the changes as well. Such activities 
        shall include--
                    ``(A) enrollment of participating students in a 
                standard college preparation curriculum or, in the case 
                of younger students, in a curriculum that logically 
                articulates with a college preparation curriculum;
                    ``(B) professional development opportunities for 
                instructors of college preparation classes; and
                    ``(C) funds for curriculum development related to 
                the institution of college preparation classes.
            ``(3) Permissible activities.--In addition to the 
        activities described in paragraph (1), an eligible entity 
        described in section 404A(2) may provide other services or 
        supports that are designed to ensure the secondary school 
        completion and college enrollment of children at risk of 
        dropping out of school, such as comprehensive mentoring, 
        counseling, outreach, and supportive services. Examples of 
        activities that meet the requirements of the preceding sentence 
        include the following:
                    ``(A) Providing participating students in 
                elementary school, middle school, or secondary school 
                through grade 12 with a continuing system of mentoring 
                and advising that--
                            ``(i) is coordinated with the Federal and 
                        State community service initiatives; and
                            ``(ii) may include such support services as 
                        after school and summer tutoring, assistance in 
                        obtaining summer jobs, career mentoring, and 
                        academic counseling.
                    ``(B) Requiring each student to enter into an 
                agreement under which the student agrees to achieve 
                certain academic milestones, such as completing a 
                prescribed set of courses and maintaining satisfactory 
                progress described in section 484(c), in exchange for 
                receiving tuition assistance for a period of time to be 
                established by each eligible entity.
                    ``(C) Activities such as the identification of 
                children at risk of dropping out of school, volunteer 
                and parent involvement, providing former or current 
                scholarship recipients as mentor or peer counselors, 
                skills assessment, personal counseling, family 
                counseling and home visits, and programs and activities 
                that are specially designed for students of limited 
                English proficiency and students with disabilities.
                    ``(D) Summer programs for individuals who are in 
                their sophomore or junior years of secondary school or 
                are planning to attend an institution of higher 
                education in the succeeding academic year, that--
                            ``(i) are carried out at an institution of 
                        higher education which has programs of academic 
                        year supportive services for disadvantaged 
                        students through projects authorized under 
                        section 402D or through comparable projects 
                        funded by the State or other sources;
                            ``(ii) provide for the participation of the 
                        individuals who are eligible for assistance 
                        under section 402D or who are eligible for 
                        comparable programs funded by the State;
                            ``(iii)(I) provide summer instruction in 
                        remedial, developmental or supportive courses;
                            ``(II) provide such summer services as 
                        counseling, tutoring, or orientation; and
                            ``(III) provide financial assistance to the 
                        individuals to cover the individuals' summer 
                        costs for books, supplies, living costs, and 
                        personal expenses; and
                            ``(iv) provide the individuals with 
                        financial assistance during each academic year 
                        the individuals are enrolled at the 
                        participating institution after the summer 
                        program.
                    ``(E) Requiring eligible students to meet other 
                standards or requirements as the State determines 
                necessary to meet the purposes of this section.
                    ``(F) Financial aid counseling and information 
                regarding the opportunities for financial assistance.
                    ``(G) Providing activities or information 
                regarding--
                            ``(i) fostering and improving parent 
                        involvement in--
                                    ``(I) promoting the advantages of a 
                                college education;
                                    ``(II) academic admission 
                                requirements; and
                                    ``(III) the need to take college 
                                preparation courses;
                            ``(ii) college admission and achievement 
                        tests; and
                            ``(iii) college application procedures.
    ``(b) Use of Funds for States.--
            ``(1) Mandatory activities.--In order to receive a grant 
        under this chapter, an eligible entity described in section 
        404A(1) shall demonstrate to the satisfaction of the Secretary, 
        in the plan submitted under section 404E, that the eligible 
        entity will provide--
                    ``(A) policy leadership designed to promote the 
                college readiness of students in the State, especially 
                those who are at risk of dropping out of school and 
                those who are economically disadvantaged; and
                    ``(B) if there are eligible entities in the State 
                that received a grant under this chapter, services 
                designed to promote coordination and information 
                sharing among all such eligible entities in the State.
            ``(2) Permissible activities.--
                    ``(A) Policy leadership.--In order to meet the 
                requirements of paragraph (1)(A), an eligible entity 
                described in section 404A(1) may engage in the 
                following activities:
                            ``(i) Developing a core curriculum of 
                        college preparatory classes that can be adopted 
                        by all State secondary schools.
                            ``(ii) Facilitating curriculum development 
                        in individual schools where needed.
                            ``(iii) Supporting and creating 
                        professional development opportunities for 
                        teachers in relation to the core curriculum.
                            ``(iv) Facilitating the alignment of 
                        kindergarten through grade 12 classes with the 
                        requirements for passing college entrance 
                        exams, and entering college without the need 
                        for remedial courses.
                            ``(v) Convening and consulting with groups 
                        of individuals and organizations that can 
                        provide input and expertise related to clauses 
                        (i), (ii), (iii), and (iv).
                            ``(vi) Developing a comprehensive, 
                        statewide database that can be used to track 
                        indicators of college readiness, and to track 
                        enrollment in and completion of college, among 
                        the secondary school students in the State.
                            ``(vii) Other activities that will promote 
                        the college readiness of students in the State, 
                        especially students who are considered at risk 
                        for not completing secondary school.
                    ``(C) Coordination and information sharing.--In 
                order to meet the requirements of paragraph (1)(B), an 
                eligible entity described in section 404A(1) may engage 
                in the following activities:
                            ``(i) Providing technical assistance and 
                        training for eligible entities described in 
                        section 404A(2) that receive a grant under this 
                        chapter.
                            ``(ii) Disseminating information about best 
                        practices among eligible entities described in 
                        section 404A(2) that receive a grant under this 
                        chapter.
                            ``(iii) Providing eligible entities 
                        described in section 404A(2) that receive a 
                        grant under this chapter with opportunities for 
                        coordinating their efforts and networking.
                            ``(iv) Assisting eligible entities 
                        described in section 404A(2) that receive a 
                        grant under this chapter in adopting a core 
                        curriculum and providing professional 
                        development opportunities for teachers.
                            ``(v) Providing a centralized source of 
                        information, regarding college planning, 
                        college entrance requirements, and 
                        opportunities for financial aid, to students in 
                        the State.
                            ``(vi) Providing other services that 
                        promote and support the activities of eligible 
                        entities described in section 404A(2) in the 
                        State that receive a grant under this chapter.
    ``(c) Allowable Providers.--In the case of eligible entities 
described in section 404A(1), 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.

``SEC. 404E. ELIGIBLE ENTITY PLANS.

    ``(a) Plan Required for Eligibility.--
            ``(1) In general.--In order for an eligible entity to 
        receive a grant under this chapter, the eligible entity shall 
        submit to the Secretary a plan for carrying out the program 
        under this chapter.
            ``(2) Contents.--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 plan shall--
                    ``(A) describe the activities for which assistance 
                under this chapter is sought; and
                    ``(B) provide such assurances as the Secretary 
                determines necessary to ensure compliance with the 
                requirements of this chapter.
            ``(3) Additional requirements for partnerships.--An 
        eligible entity described in section 404A(2) shall also include 
        in its plan--
                    ``(A) a description of the college preparation 
                curriculum that will be instituted;
                    ``(B) a description of all uses of funds;
                    ``(C) a description of how the funds provided under 
                this chapter shall be used to affect systemic 
                schoolwide change that will ensure that future cohorts 
                of students will also benefit from the use of the grant 
                funds; and
                    ``(D) a needs analysis detailing the ways in which 
                the funds provided under this chapter will be most 
                profitably used to ensure the success of curricular 
                changes (for example, by spending such funds on 
                professional development, the purchase of curricular 
                materials, or other activities).
            ``(4) Additional requirements for states.--An eligible 
        entity described in section 404A(1) shall also include in its 
        plan--
                    ``(A) an assessment of the activities and programs 
                most needed to enhance the college readiness of 
                students in the State;
                    ``(B) a description of how the proposed activities 
                will enhance the college readiness of students in the 
                State;
                    ``(C) a description of how the State will ensure 
                that students who are at risk of dropping out of school 
                and those who are economically disadvantaged receive 
                and benefit from the proposed activities; and
                    ``(D) if applicable, a description of how the 
                proposed activities will promote coordination and 
                information-sharing among all eligible entities in the 
                State that receive a grant under this chapter.
    ``(b) Matching Requirement.--
            ``(1) In general.--The Secretary shall not approve a plan 
        submitted under subsection (a) unless such plan--
                    ``(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;
                    ``(B) specifies the methods by which matching funds 
                will be paid; and
                    ``(C) includes provisions designed to ensure that 
                funds provided under this chapter 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 
        modify, by regulation, the percentage requirement described in 
        paragraph (1)(A) for eligible entities described in section 
        404A(2).
            ``(3) Methods for complying with matching requirement.--An 
        eligible entity may count toward the matching requirement 
        described in subsection (b)(1)(A)--
                    ``(A) the amount of the financial assistance paid 
                to students from State, local, institutional, or 
                private funds under this chapter;
                    ``(B) the amount of tuition, fees, room or board 
                waived or reduced for recipients of financial 
                assistance under this chapter; and
                    ``(C) 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.
    ``(c) Peer Review Panels.--The Secretary shall convene peer review 
panels to assist in making determinations regarding the awarding of 
grants under this chapter.

``SEC. 404F. REQUIREMENTS.

    ``(a) Coordination.--Each eligible entity shall ensure that the 
activities assisted under this chapter are, to the extent practicable, 
coordinated with, and complement and enhance--
            ``(1) services under this chapter provided by other 
        eligible entities serving the same school district or State; 
        and
            ``(2) related services under other Federal or non-Federal 
        programs.
    ``(b) Designation of Fiscal Agent.--An eligible entity described in 
section 404A(2) shall designate an institution of higher education or a 
local educational agency as the fiscal agent for the eligible entity 
for purposes of this chapter.
    ``(c) Coordinators.--Each eligible entity described in section 
404A(2) that receives a grant under this chapter shall have a full-time 
program coordinator or a part-time program coordinator, whose primary 
responsibility is to assist such eligible entity in carrying out the 
authorized activities described in section 404D(a).
    ``(d) Displacement.--An eligible entity described in 404A(2) shall 
ensure that the activities assisted under this chapter will not 
displace an employee or eliminate a position at a school assisted under 
this chapter, including a partial displacement such as a reduction in 
hours, wages, or employment benefits.

``SEC. 404G. EVALUATION AND REPORT.

    ``(a) Evaluation.--Each eligible entity receiving a grant under 
this chapter shall biennially evaluate the activities assisted under 
this chapter in accordance with the standards described in subsection 
(b) and shall submit to the Secretary a copy of such evaluation. The 
evaluation shall permit service providers to track eligible student 
progress during the period such students are participating in the 
activities and shall be consistent with the standards developed by the 
Secretary pursuant to subsection (b).
    ``(b) Evaluation Standards.--The Secretary shall prescribe 
standards for the evaluation described in subsection (a). Such 
standards shall--
            ``(1) provide for input from eligible entities and service 
        providers; and
            ``(2) ensure that data protocols and procedures are 
        consistent and uniform.
    ``(c) Federal Evaluation.--In order to evaluate and improve the 
impact of the activities assisted under this chapter, the Secretary 
shall, from not more than 0.75 percent of the funds appropriated under 
section 404H for a fiscal year, award 1 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.
    ``(d) Report.--The Secretary shall biennially report to Congress 
regarding the activities assisted under this chapter and the 
evaluations conducted pursuant to this section.

``SEC. 404H. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this chapter 
$400,000,000 for fiscal year 2006 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.''.
                                 <all>
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