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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3639 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 3639

 To direct the Secretary of Education to make grants to support early 
 college high schools and dual or concurrent enrollment programs, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2022

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

_______________________________________________________________________

                                 A BILL

 
 To direct the Secretary of Education to make grants to support early 
 college high schools and dual or concurrent enrollment 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 ``Jumpstart on College Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to increase the percentage of students 
who complete a recognized postsecondary credential within 100 percent 
of the normal time for the completion of such credential, including 
low-income students and students from other populations that are 
underrepresented in higher education.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) ESEA terms.--The terms ``dual or concurrent enrollment 
        program'', ``early college high school'', ``educational service 
        agency'', ``four-year adjusted cohort graduation rate'', 
        ``local educational agency'', ``secondary school'', and 
        ``State'' have the meanings given the terms in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Eligible entity.--The term ``eligible entity'' means an 
        institution of higher education in partnership with 1 or more 
        local educational agencies (which may be educational service 
        agencies). Such partnership may also include other entities, 
        such as nonprofit organizations or businesses and schools in 
        juvenile detention centers.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (4) Low-income student.--The term ``low-income student'' 
        means a student counted under section 1124(c) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
            (5) Recognized postsecondary credential.--The term 
        ``recognized postsecondary credential'' has the meaning given 
        the term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

    (a) In General.--To carry out this Act, there are authorized to be 
appropriated $250,000,000 for fiscal year 2022 and each of the 5 
succeeding fiscal years.
    (b) Reservations.--From the funds appropriated under subsection (a) 
for each fiscal year, the Secretary shall reserve--
            (1) 40 percent for grants to eligible entities under 
        section 5;
            (2) 55 percent for grants to States under section 6; and
            (3) 5 percent for national activities under section 8.

SEC. 5. GRANTS TO ELIGIBLE ENTITIES.

    (a) In General.--The Secretary shall award grants to eligible 
entities, on a competitive basis, to assist such entities in 
establishing or supporting an early college high school or dual or 
concurrent enrollment program in accordance with this section.
    (b) Duration.--Each grant under this section shall be awarded for a 
period of 6 years.
    (c) Grant Amount.--The Secretary shall ensure that the amount of 
each grant under this section is sufficient to enable each grantee to 
carry out the activities described in subsection (h), except that a 
grant under this section may not exceed $2,000,000. Not more than 15 
percent of the overall grant total may be used to improve data systems 
for the purpose of facilitating the execution of the reporting 
requirement in section 7(a).
    (d) Matching Requirement.--
            (1) In general.--For each year that an eligible entity 
        receives a grant under this section, the entity shall 
        contribute matching funds, in the amounts described in 
        paragraph (2), for the activities supported by the grant.
            (2) Amounts described.--The amounts described in this 
        paragraph are--
                    (A) for each of the first and second years of the 
                grant period, 20 percent of the grant amount for such 
                year;
                    (B) for each of the third and fourth years of the 
                grant period, 30 percent of the grant amount for such 
                year;
                    (C) for the fifth year of the grant period, 40 
                percent of the grant amount for such year; and
                    (D) for the sixth year of the grant period, 50 
                percent of the grant amount for such year.
            (3) Determination of amount contributed.--
                    (A) In-kind contributions.--The Secretary shall 
                allow an eligible entity to meet the requirements of 
                this subsection through in-kind contributions.
                    (B) Non-federal sources.--Not less than half of 
                each amount described in paragraph (2) shall be 
                provided by the eligible entity from non-Federal 
                sources.
    (e) Supplement, Not Supplant.--An eligible entity shall use a grant 
received under this section only to supplement funds that would, in the 
absence of such a grant, be made available from other Federal, State, 
or local sources for activities supported by the grant, not to supplant 
such funds.
    (f) Priority.--In awarding grants under this section, the Secretary 
shall give priority to eligible entities that--
            (1) propose to establish or support an early college high 
        school or dual or concurrent enrollment program that will serve 
        a student population of which not less than 51 percent are low-
        income students;
            (2) include a local educational agency which serves a high 
        school that is--
                    (A) identified for comprehensive support and 
                improvement under section 1111(c)(4)(D)(i) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(c)(4)(D)(i)); or
                    (B) implementing a targeted support and improvement 
                plan as described in section 1111(d)(2) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(d)(2));
            (3) are from States that provide assistance to early 
        college high schools or dual or concurrent enrollment programs, 
        such as assistance to defray the costs of higher education 
        (including costs of tuition, fees, and textbooks); and
            (4) propose to establish or support an early college high 
        school or dual or concurrent enrollment program that meets 
        quality standards established by--
                    (A) a nationally recognized accrediting agency or 
                association that offers accreditation specifically for 
                such programs; or
                    (B) a State process specifically for the review and 
                approval of such programs.
    (g) Equitable Distribution.--The Secretary shall ensure, to the 
extent practicable, that eligible entities receiving grants under this 
section--
            (1) are from a representative cross-section of--
                    (A) urban, suburban, and rural areas; and
                    (B) regions of the United States; and
            (2) include both 2-year and 4-year institutions of higher 
        education.
    (h) Uses of Funds.--
            (1) Mandatory activities.--
                    (A) In general.--An eligible entity shall use grant 
                funds received under this section--
                            (i) to support the activities described in 
                        its application under subsection (i);
                            (ii) to create and maintain a coherent 
                        system of supports for students, teachers, 
                        principals, and faculty under the program, 
                        including--
                                    (I) college and career readiness, 
                                academic, and social support services 
                                for students; and
                                    (II) professional development for 
                                secondary school teachers, faculty, and 
                                principals, and faculty from the 
                                institution of higher education, 
                                including--
                                            (aa) joint professional 
                                        development activities; and
                                            (bb) activities to assist 
                                        such teachers, faculty, and 
                                        principals in using effective 
                                        parent and community engagement 
                                        strategies and to help ensure 
                                        the success of students 
                                        academically at risk of not 
                                        enrolling in or completing 
                                        postsecondary education, first-
                                        generation college students, 
                                        and each category of students 
                                        described in section 
                                        1111(b)(2)(B)(xi) of the 
                                        Elementary and Secondary 
                                        Education Act of 1965 (20 
                                        U.S.C. 6311(b)(2)(B)(xi));
                            (iii) to carry out liaison activities among 
                        the partners that comprise the eligible entity 
                        pursuant to an agreement or memorandum of 
                        understanding documenting commitments, 
                        resources, roles, and responsibilities of the 
                        partners consistent with the design of the 
                        program;
                            (iv) for outreach programs to ensure that 
                        secondary school students and their families, 
                        including students academically at risk of not 
                        enrolling in or completing postsecondary 
                        education, first-generation college students, 
                        and each category of students described in 
                        section 1111(b)(2)(B)(xi) of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6311(b)(2)(B)(xi)), are--
                                    (I) aware of, and recruited into, 
                                the early college high school or dual 
                                or concurrent enrollment program; and
                                    (II) assisted with the process of 
                                enrolling and succeeding in the early 
                                college high school or dual or 
                                concurrent enrollment program, which 
                                may include providing academic support;
                            (v) to collect, share, and use data (in 
                        compliance with section 444 of the General 
                        Education Provisions Act (20 U.S.C. 1232g)) for 
                        program improvement and program evaluation; and
                            (vi) to review and strengthen its program 
                        to maximize the potential that students 
                        participating in the program will eventually 
                        complete a recognized postsecondary credential, 
                        including by optimizing--
                                    (I) the curriculum of the program;
                                    (II) the use of high-quality 
                                assessments of student learning, such 
                                as performance-based, project-based, or 
                                portfolio assessments that measure 
                                higher-order thinking skills;
                                    (III) the sequence of courses 
                                offered by the program; and
                                    (IV) the alignment of academic 
                                calendars between the secondary schools 
                                and the institution of higher education 
                                participating in the program.
                    (B) New programs.--In the case of an eligible 
                entity that uses a grant under this section to 
                establish an early college high school or dual or 
                concurrent enrollment program, the entity shall use 
                such funds during the first year of the grant period--
                            (i) to design the curriculum and sequence 
                        of courses in collaboration with, at a 
                        minimum--
                                    (I) faculty from the institution of 
                                higher education;
                                    (II) teachers and faculty from the 
                                local educational agency; and
                                    (III) in the case of a career and 
                                technical education program, employers 
                                or workforce development entities to 
                                ensure that the program is aligned with 
                                labor market demand;
                            (ii) to develop and implement an 
                        articulation agreement between the institution 
                        of higher education and the local educational 
                        agency that governs how secondary and 
                        postsecondary credits will be awarded under the 
                        program; and
                            (iii) to carry out the activities described 
                        in subparagraph (A).
            (2) Allowable activities.--An eligible entity may use grant 
        funds received under this section to support the activities 
        described in its application under subsection (i), including 
        by--
                    (A) purchasing textbooks and equipment that support 
                the program's curriculum;
                    (B) pursuant to the assurance provided by the 
                eligible entity under subsection (i)(3)(A), paying 
                tuition and fees for postsecondary courses taken by 
                students under the program;
                    (C) incorporating work-based learning opportunities 
                (other than by paying wages of students) into the 
                program (which may include partnering with entities 
                that provide such opportunities), including--
                            (i) internships;
                            (ii) career-based capstone projects;
                            (iii) pre-apprenticeships and registered 
                        apprenticeships provided by eligible providers 
                        of apprenticeship programs described in section 
                        122(a)(2)(B) of the Workforce Innovation and 
                        Opportunity Act (29 U.S.C. 3152(a)(2)(B)); and
                            (iv) work-based learning opportunities 
                        provided under chapters 1 and 2 of subpart 2 of 
                        part A of title IV of the Higher Education Act 
                        of 1965 (20 U.S.C. 1070a-11 et seq.);
                    (D) providing students with transportation to and 
                from the program;
                    (E) paying costs for--
                            (i) high school teachers to obtain the 
                        skills, credentials, or industry certifications 
                        necessary to teach for the institution of 
                        higher education participating in the program; 
                        or
                            (ii) postsecondary faculty to become 
                        certified to teach high school; or
                    (F) providing time during which secondary school 
                teachers and faculty and faculty from an institution of 
                higher education can collaborate, which may include--
                            (i) professional development;
                            (ii) the planning of team activities for 
                        such teachers and faculty; and
                            (iii) curricular design and student 
                        assessment.
    (i) Application.--
            (1) In general.--To be eligible to receive a grant under 
        this section, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            (2) Contents of application.--The application under 
        paragraph (1) shall include, at minimum, a description of--
                    (A) the partnership that comprises the eligible 
                entity, including documentation of partner commitments, 
                resources and budget, roles, and responsibilities;
                    (B) how the partners that comprise the eligible 
                entity will coordinate to carry out the mandatory 
                activities described in subsection (h)(1);
                    (C) the number of students intended to be served by 
                the program and demographic information relating to 
                such students;
                    (D) how the eligible entity's curriculum and 
                sequence of courses form a program of study leading to 
                a recognized postsecondary credential;
                    (E) how postsecondary credits earned will be 
                transferable to institutions of higher education within 
                the State, including any applicable statewide transfer 
                agreements and any provisions of such agreements that 
                are specific to dual or concurrent enrollment programs;
                    (F) how the eligible entity will conduct outreach 
                to students;
                    (G) how the eligible entity will determine the 
                eligibility of students for postsecondary courses, 
                including an explanation of the multiple factors the 
                entity will take into account to assess the readiness 
                of students for such courses; and
                    (H) the sustainability plan for the early college 
                high school or dual or concurrent enrollment program.
            (3) Assurances.--The application under paragraph (1) shall 
        include assurances from the eligible entity that--
                    (A) students participating in a program funded with 
                a grant under this section will not be required to pay 
                tuition or fees for postsecondary courses taken under 
                the program;
                    (B) postsecondary credits earned by students under 
                the program will be transcribed upon completion of the 
                required course work; and
                    (C) instructors of postsecondary courses under the 
                program will meet the same standards applicable to 
                other faculty at the institution of higher education 
                that is participating in the program.

SEC. 6. GRANTS TO STATES.

    (a) In General.--The Secretary shall award grants to States, on a 
competitive basis, to assist States in supporting or establishing early 
college high schools or dual or concurrent enrollment programs.
    (b) Duration.--Each grant under this section shall be awarded for a 
period of 6 years.
    (c) Grant Amount.--The Secretary shall ensure that the amount of 
each grant under this section is sufficient to enable each grantee to 
carry out the activities described in subsection (f), of which not more 
than 15 percent of the overall grant total may be used to improve data 
systems for the purpose of facilitating the execution of the reporting 
requirement in section 7(a).
    (d) Matching Requirement.--For each year that a State receives a 
grant under this section, the State shall provide, from non-Federal 
sources, an amount equal to 50 percent of the amount of the grant 
received by the State for such year to carry out the activities 
supported by the grant.
    (e) Supplement, Not Supplant.--A State shall use a grant received 
under this section only to supplement funds that would, in the absence 
of such grant, be made available from other Federal, State, or local 
sources for activities supported by the grant, not to supplant such 
funds.
    (f) Uses of Funds.--
            (1) Mandatory activities.--A State shall use grant funds 
        received under this section to--
                    (A) support the activities described in its 
                application under subsection (g);
                    (B) plan and implement a statewide strategy for 
                expanding access to early college high schools and dual 
                or concurrent enrollment programs for students who are 
                underrepresented in higher education to raise statewide 
                rates of secondary school graduation, readiness for 
                postsecondary education, and completion of recognized 
                postsecondary credentials, with a focus on students 
                academically at risk of not enrolling in or completing 
                postsecondary education;
                    (C) identify any obstacles to such a strategy under 
                State law or policy;
                    (D) provide technical assistance (either directly 
                or through a knowledgeable intermediary) to early 
                college high schools and dual or concurrent enrollment 
                programs, which may include--
                            (i) brokering relationships and agreements 
                        that forge a strong partnership between 
                        elementary and secondary and postsecondary 
                        partners; and
                            (ii) offering statewide training, 
                        professional development, and peer learning 
                        opportunities for school leaders, instructors, 
                        and counselors or advisors;
                    (E) identify and implement policies that will 
                improve the effectiveness and ensure the quality of 
                early college high schools and dual or concurrent 
                enrollment programs, such as eligibility and access, 
                funding, data and quality assurance, governance, 
                accountability, and alignment policies;
                    (F) update the State's requirements for a student 
                to receive a regular high school diploma to align with 
                the challenging State academic standards and entrance 
                requirements for credit-bearing coursework as described 
                in subparagraphs (A) and (D) of section 1111(b)(1) of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b)(1));
                    (G) incorporate indicators regarding student access 
                to and completion of early college high schools and 
                dual or concurrent enrollment programs into the school 
                quality and student success indicators included in the 
                State system of annual meaningful differentiation as 
                described under section 1111(c)(4)(B)(v)(I) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(c)(4)(B)(v)(I));
                    (H) disseminate best practices for early college 
                high schools and dual or concurrent enrollment 
                programs, which may include best practices from 
                programs in the State or other States;
                    (I) facilitate statewide secondary and 
                postsecondary data collection, research and evaluation, 
                and reporting to policymakers and other stakeholders, 
                disaggregated for each category of students described 
                in section 1111(b)(2)(B)(xi) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6311(b)(2)(B)(xi)); and
                    (J) conduct outreach programs to ensure that 
                secondary school students, their families, and 
                community members are made aware of early college high 
                schools and dual or concurrent enrollment programs in 
                the State through a new or existing State online 
                website that complies with the web accessibility 
                requirements under Federal and State laws that protect 
                individuals with disabilities.
            (2) Allowable activities.--A State may use grant funds 
        received under this section to--
                    (A) establish a mechanism to offset the costs of 
                tuition, fees, standardized testing, performance 
                assessments, and support services for low-income 
                students and students from underrepresented populations 
                enrolled in early college high schools or dual or 
                concurrent enrollment programs;
                    (B) establish formal transfer systems within and 
                across State higher education systems, including 2-year 
                and 4-year public and private institutions, to maximize 
                the transferability of college courses;
                    (C) provide incentives to local educational 
                agencies that--
                            (i) assist high school teachers in getting 
                        the credentials needed to participate in early 
                        college high school and dual or concurrent 
                        enrollment programs;
                            (ii) encourage the use of instructors from 
                        institutions of higher education to teach 
                        postsecondary courses in high schools; and
                            (iii) participate in an annual assessment 
                        of current availability and shortages of high 
                        school instructors who are credentialed to 
                        teach a dual or concurrent enrollment course, 
                        and shortages of these instructors in specific 
                        curricular areas; and
                    (D) support initiatives to improve the quality of 
                early college high school and dual or concurrent 
                enrollment programs at participating institutions, 
                including by assisting such institutions in aligning 
                programs with the quality standards described in 
                section 5(f)(4).
    (g) State Applications.--
            (1) Application.--To be eligible to receive a grant under 
        this section, a State shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (2) Contents of application.--The application under 
        paragraph (1) shall include, at minimum, a description of--
                    (A) how the State will carry out the mandatory 
                State activities described in subsection (f)(1);
                    (B) how the State will ensure that any programs 
                funded with a grant under this section are coordinated 
                with programs under--
                            (i) the Carl D. Perkins Career and 
                        Technical Education Act of 2006 (20 U.S.C. 2301 
                        et seq.);
                            (ii) the Workforce Innovation and 
                        Opportunity Act (29 U.S.C. 3101 et seq.);
                            (iii) the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6301 et seq.); 
                        and
                            (iv) the Individuals with Disabilities 
                        Education Act (20 U.S.C. 1400 et seq.);
                    (C) how the State intends to use grant funds to 
                address achievement gaps for each category of students 
                described in section 1111(b)(2)(B)(xi) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b)(2)(B)(xi));
                    (D) how the State will access and leverage 
                additional resources necessary to sustain early college 
                high schools and dual or concurrent enrollment 
                programs;
                    (E) how the State will identify and eliminate 
                barriers to implementing effective early college high 
                schools and dual or concurrent enrollment programs 
                after the grant expires, including by engaging 
                businesses and nonprofit organizations; and
                    (F) such other information as the Secretary 
                determines to be appropriate.

SEC. 7. REPORTING AND OVERSIGHT.

    (a) In General.--Not less frequently than once annually, each State 
and eligible entity that receives a grant under this Act shall submit 
to the Secretary a report on the progress of the State or eligible 
entity in carrying out the programs supported by such grant.
    (b) Form of Report.--The report under subsection (a) shall be 
submitted to the Secretary at such time, in such manner, and containing 
such information as the Secretary may require. The Secretary shall 
issue uniform guidelines describing the information that shall be 
reported by grantees under such subsection.
    (c) Contents of Report.--
            (1) In general.--The report under subsection (a) shall 
        include, at minimum, the following:
                    (A) The number of students enrolled in the early 
                college high school or dual or concurrent enrollment 
                program.
                    (B) The number and percentage of students enrolled 
                in the early college high school or dual or concurrent 
                enrollment program who earn a recognized postsecondary 
                credential concurrently with a high school diploma.
                    (C) The number of postsecondary credits earned by 
                eligible students while enrolled in the early college 
                high school or dual or concurrent enrollment program 
                that may be applied toward a recognized postsecondary 
                credential.
                    (D) The number and percentage of students who earn 
                a high school diploma.
                    (E) The number and percentage of graduates who 
                enroll in postsecondary education.
            (2) Categories of students.--The information described in 
        each of subparagraphs (A) through (E) of paragraph (1) shall be 
        disaggregated for each category of students described in 
        section 1111(b)(2)(B)(xi) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)).

SEC. 8. NATIONAL ACTIVITIES.

    (a) Reporting by Secretary.--Not less frequently than once 
annually, the Secretary shall submit to Congress a report that 
includes--
            (1) an analysis of the information received from States and 
        eligible entities under section 7;
            (2) an identification of best practices for carrying out 
        programs supported by grants under this Act; and
            (3) the results of the evaluation under subsection (b).
    (b) National Evaluation.--Not later than 6 months after the date of 
the enactment of this Act, the Secretary shall seek to enter into a 
contract with an independent entity to perform an evaluation of the 
grants awarded under this Act. Such evaluation shall apply rigorous 
procedures to obtain valid and reliable data concerning student 
outcomes by social and academic characteristics and monitor the 
progress of students from secondary school to and through postsecondary 
education.
    (c) Technical Assistance.--The Secretary shall provide technical 
assistance to States and eligible entities concerning best practices 
and quality improvement programs in early college high schools and dual 
or concurrent enrollment programs and shall disseminate such best 
practices among eligible entities, States, and local educational 
agencies.
    (d) Administrative Costs.--From amounts reserved to carry out this 
section under section 4(b)(3), the Secretary may reserve such sums as 
may be necessary for the direct administrative costs of carrying out 
the Secretary's responsibilities under this Act.

SEC. 9. RULES OF CONSTRUCTION.

    (a) Employees.--Nothing in this Act shall be construed to alter or 
otherwise affect the rights, remedies, and procedures afforded to the 
employees of local educational agencies (including schools) or 
institutions of higher education under Federal, State, or local laws 
(including applicable regulations or court orders) or under the terms 
of collective bargaining agreements, memoranda of understanding, or 
other agreements between such employees and their employers.
    (b) Graduation Rate.--A student who graduates from an early college 
high school supported by a grant under section 5 within 100 percent of 
the normal time for completion described in the eligible entity's 
application under such section shall be counted in the four-year 
adjusted cohort graduation rate for such high school.
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