II 

116TH CONGRESS 

1ST SESSION S. 1516 

To amend the Higher Education Act of 1965 to strengthen the future workforce and reduce the cost of postsecondary education by reducing rates 

of postsecondary remediation. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2019 

Mr. JONES (for himself, Ms. KLOBUCHAR, and Ms. HASSAN) introduced the 

following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To amend the Higher Education Act of 1965 to strengthen 

the future workforce and reduce the cost of postsecondary education by reducing rates of postsecondary remediation. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Readiness 

5 in Education to Prevent Additional Remediation and Ex6 pense Act’’. 


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1 SEC. 2. REDUCING RATES OF POSTSECONDARY REMEDI2 ATION. 

3 (a) IN GENERAL.—Part A of title IV of the Higher 

4 Education Act of 1965 (20 U.S.C. 1070 et seq.) is amend5 ed— 

6 (1) by redesignating subparts 4, 5, 6, and 7, as 

7 subparts 5, 6, 7, and 8, respectively; 

8 (2) by inserting after subpart 3 the following: 

9 ‘‘Subpart 4—Reducing Rates of Postsecondary 

10 Remediation 

11 ‘‘SEC. 414A. PURPOSE. 

12 ‘‘The purpose of this subpart is to strengthen the fu13 ture workforce and reduce the cost of postsecondary edu14 cation by reducing rates of postsecondary remediation and 

15 increasing postsecondary completion rates. 

16 ‘‘SEC. 414B. DEFINITIONS. 

17 ‘‘In this subpart: 

18 ‘‘(1) ADVANCED COURSEWORK.—The term ‘ad19 vanced coursework’ means coursework designed for 

20 students to earn postsecondary credit upon its suc21 cessful completion while still in high school, such as 

22 Advanced Placement, International Baccalaureate, 

23 dual or concurrent enrollment programs, and early 

24 college high school programs. 

25 ‘‘(2) CO-REQUISITE COURSES.—The term ‘co26 requisite courses’ means courses designed for college 


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1 students in need of remediation that combines cred2 it-bearing college-level coursework with supplemental 

3 instruction. 

4 ‘‘(3) DUAL OR CONCURRENT ENROLLMENT

5 PROGRAM.—The term ‘dual or concurrent enrollment 

6 program’ has the meaning given the term in section 

7 8101 of the Elementary and Secondary Education 

8 Act of 1965. 

9 ‘‘(4) EARLY COLLEGE HIGH SCHOOL.—The 

10 term ‘early college high school’ has the meaning 

11 given the term in section 8101 of the Elementary 

12 and Secondary Education Act of 1965. 

13 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en14 tity’ means a partnership that— 

15 ‘‘(A) shall include— 

16 ‘‘(i) 1 local educational agency; and 

17 ‘‘(ii) an institution of higher education 

18 or higher education system, operating in 

19 the same State as the local educational 

20 agency; and 

21 ‘‘(B) may include— 

22 ‘‘(i) a consortium of entities described 

23 in clauses (i) and (ii) of subparagraph (A); 

24 ‘‘(ii) a State educational agency; 


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1 ‘‘(iii) a State higher education agency; 

2 or 

3 ‘‘(iv) a nonprofit or community-based 

4 organization, business, or public or private 

5 entity with a demonstrated record of suc6 cess in implementing activities under this 

7 subpart. 

8 ‘‘(6) EVIDENCE-BASED.—The term ‘evidence9 based’ has the meaning given the term in section 

10 8101 of the Elementary and Secondary Education 

11 Act of 1965. 

12 ‘‘(7) FIRST GENERATION COLLEGE STUDENT.— 

13 The term ‘first generation college student’ means— 

14 ‘‘(A) an individual both of whose parents 

15 did not complete a baccalaureate degree; or 

16 ‘‘(B) in the case of any individual who reg17 ularly resided with and received support from 

18 only 1 parent, an individual whose only such 

19 parent did not complete a baccalaureate degree. 

20 ‘‘(8) HIGH-NEED HIGH SCHOOL.—The term 

21 ‘high-need high school’ means a secondary school 

22 that meets any of the following: 

23 ‘‘(A) Serves students not less than 50 per24 cent of whom are students who meet either of 

25 the following: 


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1 ‘‘(i) Meet a measure of poverty as de2 scribed in section 1113(a)(5) of the Ele3 mentary and Secondary Education Act of 

4 1965. 

5 ‘‘(ii) Are students described in any of 

6 the following subclauses: 

7 ‘‘(I) Racial or ethnic groups that 

8 are historically underserved. 

9 ‘‘(II) Children with disabilities, 

10 as defined in section 602 of the Indi11 viduals with Disabilities Education 

12 Act. 

13 ‘‘(III) English learners, as de14 fined in section 8101 of the Elemen15 tary and Secondary Education Act of 

16 1965. 

17 ‘‘(IV) Migratory children, as de18 fined in section 1309 of the Elemen19 tary and Secondary Education Act of 

20 1965. 

21 ‘‘(V) Homeless children and 

22 youths. 

23 ‘‘(VI) Students who are in foster 

24 care or are aging out of the foster 

25 care system. 


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1 ‘‘(VII) Students with a parent 

2 who is a member of the Armed Forces 

3 (as defined in section 101(a)(4) of 

4 title 10, United States Code) on active 

5 duty (as defined in section 101(d) of 

6 such title). 

7 ‘‘(B) Is identified for comprehensive sup8 port and improvement under section 

9 1111(c)(4)(D)(i) of the Elementary and Sec10 ondary Education Act of 1965. 

11 ‘‘(C) Is implementing a targeted support 

12 and improvement plan as described in section 

13 1111(d)(2) of the Elementary and Secondary 

14 Education Act of 1965. 

15 ‘‘(9) HIGH-NEED INSTITUTION OF HIGHER

16 EDUCATION.—The term ‘high-need institution of 

17 higher education’ means an institution of higher 

18 education with respect to which not less than 50 

19 percent of the undergraduate students enrolled in an 

20 academic program leading to a degree are described 

21 in any of the following subparagraphs: 

22 ‘‘(A) Are eligible to receive a Federal Pell 

23 Grant under subpart 1. 

24 ‘‘(B) Come from families that— 


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1 ‘‘(i) received benefits under a means2 tested Federal benefit program while the 

3 student was enrolled in high school; or 

4 ‘‘(ii) receive benefits under a means5 tested Federal benefit program while the 

6 student is enrolled in an undergraduate 

7 academic program leading to a degree. 

8 ‘‘(C) Attended a public or nonprofit private 

9 secondary school, in which the enrollment of 

10 children counted under a measure of poverty 

11 described in section 1113(a)(5) of the Elemen12 tary and Secondary Education Act of 1965 ex13 ceeds 40 percent of the total enrollment of such 

14 school. 

15 ‘‘(D) Are first generation college students. 

16 ‘‘(10) HIGH-NEED LOCAL EDUCATIONAL AGEN17 CY.—The term ‘high-need local educational agency’ 

18 means a local educational agency— 

19 ‘‘(A) that serves not fewer than 10,000 

20 children from families with incomes below the 

21 poverty line; 

22 ‘‘(B) for which not less than 20 percent of 

23 the children served by the agency are from fam24 ilies with incomes below the poverty line; or 


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1 ‘‘(C) that is in the highest quartile of local 

2 educational agencies in the State, based on stu3 dent poverty. 

4 ‘‘(11) HIGH SCHOOL.—The term ‘high school’ 

5 has the meaning given the term in section 8101 of 

6 the Elementary and Secondary Education Act of 

7 1965. 

8 ‘‘(12) HISTORICALLY UNDERREPRESENTED

9 STUDENT.—The term ‘historically underrepresented 

10 student’— 

11 ‘‘(A) means a student, or a prospective 

12 student, at an institution of higher education 

13 who is at risk of educational failure or other14 wise in need of special assistance and support; 

15 and 

16 ‘‘(B) may include an adult learner, work17 ing student, part-time student, student from a 

18 low-income background, student of color, Native 

19 youth, single parent (including a single preg20 nant woman), student who is a homeless child 

21 or youth, youth who is in, or has aged out of, 

22 the foster care system, first-generation college 

23 student, and student with a disability. 

24 ‘‘(13) HOMELESS CHILDREN AND YOUTHS.— 

25 The term ‘homeless children and youths’ has the 


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1 meaning given the term in section 725 of the 

2 McKinney-Vento Homeless Assistance Act (42 

3 U.S.C. 11434a). 

4 ‘‘(14) INSTITUTION OF HIGHER EDUCATION.— 

5 The term ‘institution of higher education’ has the 

6 meaning given the term in section 101(a). 

7 ‘‘(15) LOW-INCOME INDIVIDUAL.—The term 

8 ‘low-income individual’ means an individual from a 

9 family whose taxable income for the preceding year 

10 did not exceed 150 percent of an amount equal to 

11 the poverty level determined by using criteria of pov12 erty established by the Bureau of the Census. 

13 ‘‘(16) MEANS-TESTED FEDERAL BENEFIT PRO14 GRAM.—The term ‘means-tested Federal benefit pro15 gram’ means a program of the Federal Government, 

16 other than a program under this title, in which eligi17 bility for the program’s benefits or the amount of 

18 such benefits is determined on the basis of income 

19 or resources of the individual or family seeking the 

20 benefit. 

21 ‘‘(17) MIDDLE GRADES.—The term ‘middle 

22 grades’ has the meaning given the term in section 

23 8101 of the Elementary and Secondary Education 

24 Act of 1965. 


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1 ‘‘(18) MINORITY-SERVING INSTITUTION.—The 

2 term ‘minority-serving institution’ means an institu3 tion described in section 371(a). 

4 ‘‘(19) OUTLYING AREA.—The term ‘outlying 

5 area’ means the United States Virgin Islands, 

6 Guam, American Samoa, and the Commonwealth of 

7 the Northern Mariana Islands. 

8 ‘‘(20) REGULAR HIGH SCHOOL DIPLOMA.—The 

9 term ‘regular high school diploma’ has the meaning 

10 given the term in section 8101 of the Elementary 

11 and Secondary Education Act of 1965. 

12 ‘‘(21) SELF-REGULATED LEARNING.—The term 

13 ‘self-regulated learning’ means learning through 

14 teaching students about how they learn and which 

15 study strategies are most effective for the individual 

16 student. 

17 ‘‘(22) STATE.—The term ‘State’ means each of 

18 the 50 States, the District of Columbia, and the 

19 Commonwealth of Puerto Rico. 

20 ‘‘(23) SUBGROUP OF STUDENTS.—The term 

21 ‘subgroup of students’ means— 

22 ‘‘(A) economically disadvantaged students; 

23 ‘‘(B) students from each major racial and 

24 ethnic group; 


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1 ‘‘(C) children with disabilities, as defined 

2 in section 602 of the Individuals with Disabil3 ities Education Act; 

4 ‘‘(D) English learners, as defined in sec5 tion 8101 of the Elementary and Secondary 

6 Education Act of 1965; 

7 ‘‘(E) students disaggregated by gender; 

8 ‘‘(F) migratory children, as defined in sec9 tion 1309 of the Elementary and Secondary 

10 Education Act of 1965; 

11 ‘‘(G) homeless children and youths; 

12 ‘‘(H) students who are in foster care or are 

13 aging out of the foster care system; and 

14 ‘‘(I) students with a parent who is a mem15 ber of the Armed Forces (as defined in section 

16 101(a)(4) of title 10, United States Code) on 

17 active duty (as defined in section 101(d) of 

18 such title). 

19 ‘‘(24) SUMMER BRIDGE PROGRAM.—The term 

20 ‘summer bridge program’ means a pre-college pro21 gram focused on preparing high school students aca22 demically and otherwise to attend and succeed in 

23 postsecondary education. 


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1 ‘‘SEC. 414C. FORMULA GRANTS TO STATES. 

2 ‘‘(a) RESERVATIONS.—From the total amount appro3 priated under section 414I for a fiscal year, the Secretary 

4 shall reserve— 

5 ‘‘(1) one-half of 1 percent for allotments for 

6 payments to the outlying areas, to be distributed 

7 among those outlying areas on the basis of their rel8 ative need, as determined by the Secretary, in ac9 cordance with the purpose of this subpart; 

10 ‘‘(2) one-half of 1 percent for the Secretary of 

11 the Interior for programs under this subpart in 

12 schools operated or funded by the Bureau of Indian 

13 Education; 

14 ‘‘(3) 2 percent for technical assistance dissemi15 nation, which may include— 

16 ‘‘(A) providing, directly or through grants, 

17 contracts, or cooperative agreements, technical 

18 assistance by qualified experts on using prac19 tices grounded in evidence to improve the out20 comes of programs funded under this subpart; 

21 and 

22 ‘‘(B) disseminating information on prac23 tices that evidence indicates are successful in 

24 improving the quality of remedial education at 

25 the postsecondary level; and 


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1 ‘‘(4) 2 percent to conduct the evaluation de2 scribed in section 414F. 

3 ‘‘(b) STATE ALLOTMENTS.— 

4 ‘‘(1) GRANTS.—The Secretary shall award 

5 grants to States under this section from allotments 

6 made under paragraph (2). 

7 ‘‘(2) ALLOTMENT.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B) and subsection (c), from the amount 

10 appropriated to carry out this subpart for a fis11 cal year that remains after the Secretary makes 

12 the reservations under subsection (a), the Sec13 retary shall allot to each State having a plan 

14 approved under subsection (d), an amount that 

15 bears the same relationship to the remainder as 

16 the amount the State received under subpart 2 

17 of part A of title I of the Elementary and Sec18 ondary Education Act of 1965 for the preceding 

19 fiscal year bears to the amount all States re20 ceived under subpart 2 of part A of title I of 

21 the Elementary and Secondary Education Act 

22 of 1965 for the preceding fiscal year. 

23 ‘‘(B) SMALL STATE MINIMUM.—No State 

24 receiving an allotment under this paragraph for 

25 a fiscal year shall receive less than one-half of 


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1 1 percent of the total amount allotted under 

2 this paragraph for the fiscal year. 

3 ‘‘(3) REALLOTMENT.—If a State does not re4 ceive an allotment under this subpart for a fiscal 

5 year, the Secretary shall reallot the amount of the 

6 State’s allotment to the remaining States in accord7 ance with this subsection. 

8 ‘‘(c) COMPETITION.—If the total amount appro9 priated under section 414I for a fiscal year is less than 

10 $100,000,000, the Secretary shall award grants under this 

11 section to States on a competitive basis. 

12 ‘‘(d) STATE PLAN.— 

13 ‘‘(1) IN GENERAL.—In order to receive an allot14 ment under this section for any fiscal year, the Gov15 ernor of a State shall submit a plan to the Sec16 retary, at such time, in such manner, and containing 

17 such information as the Secretary may reasonably 

18 require. 

19 ‘‘(2) CONTENTS.—Each plan submitted by a 

20 Governor under this section shall include the fol21 lowing: 

22 ‘‘(A) A description of how the State will 

23 use funds received under this section for State24 level activities. 


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1 ‘‘(B) A description of the State agency 

2 that will be responsible for overseeing the im3 plementation of funds received under this sec4 tion. 

5 ‘‘(C) A description of the statewide strat6 egy to reduce rates of postsecondary remedi7 ation and increase rates of first-year postsec8 ondary credit accumulation. 

9 ‘‘(D) A description of how the State will 

10 engage and collaborate with the members of the 

11 State legislature and State board of education 

12 (if the State has a State board of education), 

13 State higher education governing or coordi14 nating entity (if the State has such an entity), 

15 State educational agency, State entity that co16 ordinates early-childhood, elementary, sec17 ondary, and postsecondary education (if the 

18 State has such an entity), local educational 

19 agencies (including those located in rural 

20 areas), representatives of Indian Tribes located 

21 in the State, charter school leaders (if the State 

22 has charter schools), civil rights organizations 

23 in the State, teachers, principals, and other 

24 school leaders, parents, and students in the fulVerDate Sep 11 2014 23:11 May 25, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1516.IS S1516

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1 fillment of activities described in subparagraph 

2 (E). 

3 ‘‘(E) A description of how the State will 

4 complete, not later than 3 years after the date 

5 of the initial receipt of funds under this section, 

6 activities to reduce rates of postsecondary reme7 diation, which shall include— 

8 ‘‘(i) updating the State’s requirements 

9 for a student to receive a regular high 

10 school diploma to align with the chal11 lenging State academic standards and en12 trance requirements for credit-bearing 

13 coursework as described in section 

14 1111(b)(1)(D) of the Elementary and Sec15 ondary Education Act of 1965, which may 

16 include alignment with entrance require17 ments for credit-bearing coursework at the 

18 State’s system of 4-year institutions of 

19 higher education; 

20 ‘‘(ii) verification of the alignment de21 scribed in clause (i) that is signified by the 

22 signature of the Governor of the State, 

23 chief State school officer, and State higher 

24 education executive officer; 


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1 ‘‘(iii) incorporating as school quality 

2 and student success indicators into the 

3 State system of annual meaningful dif4 ferentiation, as described under section 

5 1111(c)(4)(B)(v)(I) of the Elementary and 

6 Secondary Education Act of 1965— 

7 ‘‘(I) rates of enrollment, remedi8 ation, and first-year credit-bearing 

9 course attainment in programs of 

10 public postsecondary education in the 

11 State; 

12 ‘‘(II) to the extent practicable, 

13 rates of enrollment, and remediation, 

14 and first-year credit-bearing course 

15 attainment in programs of private 

16 postsecondary education in the State 

17 or programs of postsecondary edu18 cation outside of the State; and 

19 ‘‘(III) indicators regarding stu20 dent access to and completion of ad21 vanced coursework, dual or concurrent 

22 enrollment programs, and early col23 lege high school programs; 

24 ‘‘(iv) developing a formal, universal 

25 statewide articulation agreement among all 


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1 public institutions of higher education or 

2 systems in the State, in which all local 

3 educational agencies served by the State 

4 may participate, and in which all local edu5 cational agencies that are included in an 

6 eligible entity shall participate, that guar7 antees that— 

8 ‘‘(I) students who earn postsec9 ondary credit as part of a dual or con10 current enrollment program, early col11 lege high school, dual credit program, 

12 articulated credit program, or credit 

13 granted on the basis of performance 

14 on technical or academic assessments, 

15 be able to transfer such credit to— 

16 ‘‘(aa) any public institution 

17 of higher education in the State, 

18 and that such credits will count 

19 toward meeting specific degree or 

20 certificate requirements; and 

21 ‘‘(bb) any private nonprofit 

22 institution of higher education 

23 that chooses to participate in the 

24 articulation agreement; 


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1 ‘‘(II) all relevant credits are rec2 ognized throughout the public system 

3 of higher education in the State and 

4 count as credits earned for both a reg5 ular high school diploma and credit 

6 for a degree or certificate program at 

7 a public institution of higher edu8 cation in the State and at any private 

9 nonprofit institution of higher edu10 cation that chooses to participate; and 

11 ‘‘(III) if a student earns an asso12 ciate’s degree as part of a dual or 

13 concurrent enrollment program or 

14 early college high school, that associ15 ate’s degree, awarded by the partici16 pating institution of higher education 

17 in the State, shall be fully acceptable 

18 in transfer and credited as the first 2 

19 years of a related baccalaureate pro20 gram at a public institution of higher 

21 education in such State; 

22 ‘‘(v) developing statewide standards 

23 for placement in remedial coursework 

24 based on multiple indicators, which may 

25 include grade point average, high school 


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1 courses completed, and performance as2 sessments; 

3 ‘‘(vi) developing statewide standards 

4 for the receipt of postsecondary credit 

5 based on performance on Advanced Place6 ment and International Baccalaureate 

7 exams from public higher education sys8 tems in the State; and 

9 ‘‘(vii) developing a formal, universal 

10 statewide articulation agreement among all 

11 public institutions of higher education in 

12 the State to facilitate the seamless transfer 

13 of credit among such institutions of higher 

14 education, including between 2- and 4-year 

15 public institutions of higher education and 

16 private nonprofit institutions of higher 

17 education if such private nonprofit institu18 tions of higher education choose to partici19 pate, which may include— 

20 ‘‘(I) common course numbering; 

21 ‘‘(II) a general education core 

22 curriculum; and 

23 ‘‘(III) management systems re24 garding course equivalency, transfer 

25 of credit, and articulation. 


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1 ‘‘(F) Assurances that the State will— 

2 ‘‘(i) review existing resources and pro3 grams across the State and will coordinate 

4 any new plans and resources under this 

5 subpart with such existing resources and 

6 programs; and 

7 ‘‘(ii) monitor the implementation of 

8 activities under this subpart and provide 

9 technical assistance to eligible entities in 

10 carrying out such activities. 

11 ‘‘(e) REPORTING.—Each State receiving a grant 

12 under this section shall submit to the Secretary, at the 

13 end of each grant period, a report that includes informa14 tion about the number and amount of subgrants provided 

15 to eligible entities, and any other information as the Sec16 retary may reasonably require, including the impact of 

17 policies and services provided under this subpart, 

18 disaggregated by each group identified under subgroup of 

19 students, on the number and percentage of students enter20 ing, persisting, and completing postsecondary education, 

21 including the number and percentage of students with re22 spect to each of the following: 

23 ‘‘(1) Who enroll in remedial coursework. 

24 ‘‘(2) Who enroll in and complete remedial 

25 coursework. 


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1 ‘‘(3) Who enroll in and complete remedial 

2 coursework and successfully complete first-year cred3 it-bearing coursework not later than 16 months after 

4 the date of enrollment in an institution of higher 

5 education. 

6 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sub7 part shall be construed to authorize or permit the Sec8 retary when promulgating any rule or regulation, to pro9 mulgate any rule or regulation on the development or im10 plementation of the challenging State academic standards 

11 adopted by a State pursuant to the Elementary and Sec12 ondary Education Act of 1965 or the requirements for a 

13 regular high school diploma that would— 

14 ‘‘(1) add new requirements that are incon15 sistent with or outside the scope of this section; 

16 ‘‘(2) add new criteria that are inconsistent with 

17 or outside the scope of this section; or 

18 ‘‘(3) be in excess of statutory authority granted 

19 to the Secretary. 

20 ‘‘(g) EXCEPTION.—A State shall be ineligible to re21 ceive an allotment under this section if the State received 

22 an allotment under this section for 3 fiscal years and has 

23 not completed the activities described in subsection 

24 (d)(2)(E). 


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1 ‘‘SEC. 414D. STATE USE OF FUNDS. 

2 ‘‘(a) IN GENERAL.—Each State that receives an al3 lotment under section 414C for a fiscal year shall— 

4 ‘‘(1) reserve not less than 80 percent of the al5 lotment to make subgrants to eligible entities under 

6 section 414E; and 

7 ‘‘(2) use the amount made available to the 

8 State and not reserved under paragraph (1) for ac9 tivities described in subsection (b). 

10 ‘‘(b) STATE ACTIVITIES.—Each State that receives 

11 an allotment under section 414C shall use the funds avail12 able under subsection (a)(2) for activities and programs 

13 designed to meet the purpose of this subpart, which may 

14 include— 

15 ‘‘(1) providing monitoring of, and training, 

16 technical assistance, and capacity building to, eligi17 ble entities that receive subgrants under section 

18 414E; 

19 ‘‘(2) identifying and eliminating State barriers 

20 to the coordination and integration of programs, ini21 tiatives, and funding streams that meet the purpose 

22 of this subpart, so that eligible entities can best co23 ordinate with State higher education systems and 

24 other agencies, schools, and community-based serv25 ices and programs; 


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1 ‘‘(3) supporting the completion of activities de2 scribed in section 414C(d)(2)(E); and 

3 ‘‘(4) supporting eligible entities in providing 

4 programs and activities that reduce rates of postsec5 ondary remediation and increase rates of first-year 

6 postsecondary credit accumulation, which may in7 clude developing a State strategy to pay for ad8 vanced coursework opportunities for students attend9 ing a high-need high school. 

10 ‘‘SEC. 414E. COMPETITIVE SUBGRANTS TO ELIGIBLE ENTI11 TIES. 

12 ‘‘(a) SUBGRANTS.— 

13 ‘‘(1) IN GENERAL.—From the funds reserved 

14 by a State under section 414D(a)(1), the State shall 

15 award subgrants, on a competitive basis, to eligible 

16 entities to reduce rates of postsecondary remedi17 ation. 

18 ‘‘(2) ADMINISTRATIVE COSTS.—An eligible enti19 ty that receives a subgrant under this section may 

20 reserve not more than 2 percent of the subgrant 

21 funds for the direct administrative costs of carrying 

22 out the eligible entity’s responsibilities under this 

23 section. 

24 ‘‘(3) DURATION OF AWARDS; RENEWABILITY.— 

25 A subgrant awarded under this section shall be 


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1 awarded for a period of not less than 3 years and 

2 not more than 5 years. A State may renew a 

3 subgrant provided under this section to an eligible 

4 entity, based on the eligible entity’s performance 

5 during the preceding subgrant period. 

6 ‘‘(4) MATCHING REQUIREMENT.—Each eligible 

7 entity awarded a subgrant under this section shall 

8 provide, from non-Federal sources, an amount 

9 (which may be provided in cash or in-kind) to carry 

10 out the activities supported by the subgrant— 

11 ‘‘(A) in year 1 of the subgrant, equal to 10 

12 percent of the amount of the subgrant; 

13 ‘‘(B) in year 2 of the subgrant, equal to 20 

14 percent of the amount of the subgrant; 

15 ‘‘(C) in year 3 of the subgrant, equal to 30 

16 percent of the amount of the subgrant; 

17 ‘‘(D) in year 4 of the subgrant, equal to 40 

18 percent of the amount of the subgrant; and 

19 ‘‘(E) in year 5 of the subgrant, equal to 50 

20 percent of the amount of the subgrant. 

21 ‘‘(5) WAIVER.—The Governor of the State or 

22 the Secretary may waive the matching requirement 

23 described under paragraph (4) based on a deter24 mination that the eligible entity is unable to provide 


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1 the matching funds due to inadequate financial re2 sources. 

3 ‘‘(b) APPLICATION.— 

4 ‘‘(1) IN GENERAL.—To be eligible to receive a 

5 subgrant under this section, an eligible entity shall 

6 submit an application to the State at such time, in 

7 such manner, and containing such information as 

8 the State may reasonably require. 

9 ‘‘(2) CONTENTS.—Each application submitted 

10 under paragraph (1) shall include— 

11 ‘‘(A) a description of the partners that 

12 comprise the eligible entity; and 

13 ‘‘(B) a description of the activities and 

14 programming that the eligible entity will carry 

15 out under this subpart, including a description 

16 of— 

17 ‘‘(i) how the eligible entity will iden18 tify students to be served; 

19 ‘‘(ii) how the eligible entity will dis20 seminate information to all students and 

21 particularly subgroups of students, stu22 dents who would be first-generation college 

23 students, and, as applicable, other histori24 cally underrepresented students served by 

25 the eligible entity, including their parents, 


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1 about the opportunity to participate in ac2 tivities implemented under this subpart; 

3 ‘‘(iii) how funds will be used for ac4 tivities related to improving high school 

5 education to prevent the need for remedial 

6 education under subsection (e); and 

7 ‘‘(iv) how funds will be used for activi8 ties related to strengthening remedial edu9 cation at the postsecondary level under 

10 subsection (f). 

11 ‘‘(c) PRIORITY.—In awarding subgrants under this 

12 section, a State shall give priority to applications that— 

13 ‘‘(1) are submitted by an eligible entity that in14 cludes— 

15 ‘‘(A) a high-need local educational agency; 

16 ‘‘(B) a local educational agency that serves 

17 a high-need high school; 

18 ‘‘(C) a high-need institution of higher edu19 cation; or 

20 ‘‘(D) a minority-serving institution; 

21 ‘‘(2) include an approach to strengthening re22 medial education at the postsecondary level that in23 cludes co-requisite courses described under sub24 section (f) and not fewer than 2 activities described 


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1 in clauses (ii) through (vii) of subsection (f)(1)(B); 

2 and 

3 ‘‘(3) include an approach to improving high 

4 school education to prevent the need for remedial 

5 education that includes a sequence of advanced 

6 coursework that results in a recognized postsec7 ondary credential, as defined in section 3 of the 

8 Workforce Innovation and Opportunity Act. 

9 ‘‘(d) GEOGRAPHIC DIVERSITY.—To the extent prac10 ticable, a State shall distribute subgrant funds under this 

11 section equitably among geographic areas within the 

12 State, including urban and rural communities. 

13 ‘‘(e) ACTIVITIES TO IMPROVE HIGH SCHOOL EDU14 CATION TO PREVENT THE NEED FOR REMEDIAL EDU15 CATION.—Each eligible entity that receives a subgrant 

16 under this section shall use a portion of such subgrant 

17 funds to develop and implement programs and activities 

18 that improve high school education to prevent the need 

19 for remedial education at the postsecondary education 

20 level and that— 

21 ‘‘(1) are coordinated with other similar 

22 community- and school-based services and programs; 

23 ‘‘(2) identify high school students on track to 

24 require postsecondary remediation, such as by using 


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1 evidence-based early assessment programs or evi2 dence-based early warning indicator systems; and 

3 ‘‘(3) shall include programs and activities, 

4 which may include— 

5 ‘‘(A) advanced coursework; 

6 ‘‘(B) summer bridge programs; 

7 ‘‘(C) enhanced advising or counseling ac8 tivities, such as providing course-taking and fi9 nancial aid guidance as early as the middle 

10 grades; 

11 ‘‘(D) additional support for students with 

12 disabilities, English learners, students who are 

13 in foster care or are aging out of the foster care 

14 system, and homeless children and youths; and 

15 ‘‘(E) other evidence-based services as de16 scribed by the eligible entity. 

17 ‘‘(f) ACTIVITIES TO STRENGTHEN REMEDIAL EDU18 CATION AT THE POSTSECONDARY LEVEL.— 

19 ‘‘(1) IN GENERAL.—Each eligible entity that re20 ceives a subgrant under this section shall use a por21 tion of such subgrant funds to develop and imple22 ment programs and activities that strengthen reme23 dial education at the postsecondary level and that— 

24 ‘‘(A) are coordinated with other similar 

25 community-based services and programs; and 


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1 ‘‘(B) shall include programs and activities, 

2 which may include— 

3 ‘‘(i) co-requisite courses; 

4 ‘‘(ii) technology-enhanced diagnostics 

5 and delivery of remedial education; 

6 ‘‘(iii) faculty development to ensure 

7 effective instruction; 

8 ‘‘(iv) practices to teach self-regulated 

9 learning and college success skills; 

10 ‘‘(v) enhanced advising or counseling 

11 activities; 

12 ‘‘(vi) additional supports for students 

13 with disabilities, English learners, students 

14 who are in foster care or are aging out of 

15 the foster care system, and homeless stu16 dents; and 

17 ‘‘(vii) other evidence-based services as 

18 described by the eligible entity. 

19 ‘‘(2) SPECIAL RULE.—An eligible entity that re20 ceives a subgrant under this section shall not use the 

21 subgrant funds solely for activities described under 

22 paragraph (1)(B)(ii). 

23 ‘‘(g) REPORTING.—Each eligible entity receiving a 

24 subgrant under this section shall submit to the State and 

25 the Secretary, at the end of each subgrant period, a report 


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1 that includes information about the activities carried out 

2 with the subgrant funds. Such report shall include any 

3 other information as the Secretary may reasonably re4 quire, including the impact of policies and services pro5 vided under this subpart, disaggregated by each group 

6 identified under subgroup of students, on the number and 

7 percentage of students entering, persisting, and com8 pleting postsecondary education, including the number 

9 and percentage of students with respect to each of the fol10 lowing: 

11 ‘‘(1) Who enroll in remedial coursework. 

12 ‘‘(2) Who enroll in and complete remedial 

13 coursework. 

14 ‘‘(3) Who enroll in and complete remedial 

15 coursework and successfully complete first-year cred16 it-bearing coursework not later than 16 months after 

17 the date of enrollment in an institution of higher 

18 education. 

19 ‘‘SEC. 414F. EVALUATION. 

20 ‘‘The Secretary, in partnership with the Director of 

21 the Institute of Education Sciences, shall contract with a 

22 third-party to conduct an independent evaluation not later 

23 than September 30, 2026, and preceded by interim re24 ports, of the policies and services provided under this sub25 part, disaggregated by each group identified under subVerDate Sep 11 2014 23:11 May 25, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1516.IS S1516

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1 group of students, including the impact of such policies 

2 and services on the number and percentage of students 

3 entering, persisting, and completing postsecondary edu4 cation, including the number and percentage of students 

5 with respect to each of the following: 

6 ‘‘(1) Who enroll in remedial coursework. 

7 ‘‘(2) Who enroll in and complete remedial 

8 coursework. 

9 ‘‘(3) Who enroll in and complete remedial 

10 coursework and successfully complete first-year cred11 it-bearing coursework not later than 16 months after 

12 the date of enrollment in an institution of higher 

13 education. 

14 ‘‘SEC. 414G. SUPPLEMENT, NOT SUPPLANT. 

15 ‘‘Funds made available under this subpart shall be 

16 used to supplement, and not supplant, non-Federal funds 

17 that would otherwise be used for activities authorized 

18 under this subpart. 

19 ‘‘SEC. 414H. MAINTENANCE OF EFFORT. 

20 ‘‘(a) MAINTENANCE OF EFFORT REQUIRED.—A 

21 State that receives assistance under this subpart shall pro22 vide— 

23 ‘‘(1) for public institutions of higher education 

24 in such State for any academic year beginning on or 

25 after July 1, 2020, an amount that is equal to or 


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1 greater than the average amount provided for non2 capital and non-direct research and development ex3 penses or costs by such State to such institutions of 

4 higher education during the 5 most recent preceding 

5 academic years for which satisfactory data are avail6 able; and 

7 ‘‘(2) for private institutions of higher education 

8 in such State for any academic year beginning on or 

9 after July 1, 2020, an amount that is equal to or 

10 greater than the average amount provided for stu11 dent financial aid for paying costs associated with 

12 postsecondary education by such State to such insti13 tutions during the 5 most recent preceding academic 

14 years for which satisfactory data are available. 

15 ‘‘(b) ADJUSTMENTS FOR BIENNIAL APPROPRIA16 TIONS.—The Secretary shall take into consideration any 

17 adjustments to the calculations under subsection (a) that 

18 may be required to accurately reflect funding levels for 

19 postsecondary education in States with biennial appropria20 tion cycles. 

21 ‘‘(c) WAIVER.—The Secretary may waive the require22 ments of subsection (a) for not more than 2 consecutive 

23 years, if the Secretary determines that such a waiver 

24 would be equitable due to exceptional or uncontrollable cir25 cumstances, such as a natural disaster or a precipitous 


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1 and unforseen decline in the financial resources of a State 

2 or State educational agency, as appropriate. 

3 ‘‘(d) VIOLATION OF MAINTENANCE OF EFFORT.— 

4 Notwithstanding any other provision of law, the Secretary 

5 shall withhold from any State that violates subsection (a) 

6 and does not receive a waiver pursuant to subsection (c) 

7 any amount that would otherwise be available to the State 

8 under this subpart until such State has made significant 

9 efforts to correct such violation, as determined by the Sec10 retary. 

11 ‘‘SEC. 414I. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There are authorized to be appropriated to carry out 

13 this subpart such sums as may be necessary for fiscal year 

14 2020 and each of the 5 succeeding fiscal years.’’. 

15 (b) CONFORMING AMENDMENTS.—Title IV of the 

16 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) 

17 is amended— 

18 (1) in section 404A(c)(2)(B), by striking ‘‘sub19 part 4’’ and inserting ‘‘subpart 5’’; 

20 (2) in section 404D(e), by striking ‘‘subpart 4’’ 

21 and inserting ‘‘subpart 5’’; 

22 (3) in section 480(f)— 

23 (A) in paragraph (2), by striking ‘‘subpart 

24 4’’ and inserting ‘‘subpart 5’’; and 


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1 (B) in paragraph (4), by striking ‘‘subpart 

2 4’’ and inserting ‘‘subpart 5’’; 

3 (4) in section 483(a)— 

4 (A) in paragraph (1), by striking ‘‘subpart 

5 4’’ and inserting ‘‘subpart 5’’; and 

6 (B) in paragraph (6), by striking ‘‘subpart 

7 4’’ and inserting ‘‘subpart 5’’; and 

8 (5) in section 487— 

9 (A) in subsection (a), by striking ‘‘subpart 

10 4’’ and inserting ‘‘subpart 5’’; and 

11 (B) in subsection (d)(1)(F), by striking 

12 ‘‘subpart 4’’ and inserting ‘‘subpart 5’’. 

Æ 


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