II 

111TH CONGRESS 

1ST SESSION S. 1129 

To authorize the Secretary of Education to award grants to local educational 

agencies to improve college enrollment. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2009 

Mr. DURBIN (for himself and Mr. BURR) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To authorize the Secretary of Education to award grants 

to local educational agencies to improve college enrollment. 

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 ‘‘Pathways to College 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) An educated workforce is crucial to the suc9 cess of the United States economy. Access to higher 

10 education for all students is critical to maintaining 


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1 an educated workforce. More than 80 percent of the 

2 23,000,000 jobs that will be created in the next 10 

3 years will require postsecondary education. Only 36 

4 percent of all 18- to 24-year olds are currently en5 rolled in postsecondary education. 

6 (2) Workers with bachelor’s degrees earn on av7 erage $17,000 more annually than workers with only 

8 high school diplomas. Workers who earn bachelor’s 

9 degrees can be expected to earn $1,000,000 more 

10 over a lifetime than those who only finished high 

11 school. 

12 (3) In order to prepare students for college, all 

13 schools should— 

14 (A) provide student guidance to engage 

15 students in college and career awareness; and 

16 (B) ensure that students enroll in a rig17 orous curriculum to prepare for postsecondary 

18 education. 

19 (4) The Department of Education reports that 

20 the average student-to-counselor ratio in high 

21 schools is 315:1. This is far higher than the ratio 

22 recommended by the American School Counselor As23 sociation, which is 250:1. While school counselors at 

24 private schools spend an average of 58 percent of 

25 their time on postsecondary education counseling, 


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1 school counselors in public schools spend an average 

2 of 25 percent of their time on postsecondary edu3 cation counseling. 

4 (5) While just 57 percent of students from the 

5 lowest income quartile enroll in college, 87 percent 

6 of students from the top income quartile enroll. Of 

7 students who were in eighth grade in 2000, only 20 

8 percent of the lowest-income students are projected 

9 to attain a bachelor’s degree by 2012, compared to 

10 68 percent of the highest income group, according to 

11 the Advisory Committee on Student Financial As12 sistance in 2006. 

13 (6) A recent report by the Consortium on Chi14 cago School Research found that only 41 percent of 

15 Chicago public school students who aspire to go to 

16 college took the steps necessary to apply to and en17 roll in a 4-year institution of higher education. The 

report also reveals that only 1 18 ⁄3 of Chicago students 

19 who want to attend a 4-year institution of higher 

20 education enroll in a school that matches their quali21 fications. Even among students qualified to attend a 

22 selective college, 29 percent enrolled in a community 

23 college or did not enroll at all. 

24 (7) The Consortium found that many Chicago 

25 public school students do not complete the Free ApVerDate Nov 24 2008 18:09 May 26, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1129.IS S1129

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1 plication for Federal Student Aid, even though stu2 dents who apply for Federal financial aid are 50 

3 percent more likely to enroll in college. Sixty-five 

4 percent of public secondary school counselors at low5 income schools believe that students and parents are 

6 discouraged from considering college as an option 

7 due to lack of knowledge about financial aid. 

8 (8) Low-income and first-generation families 

9 often overestimate the cost of tuition and underesti10 mate available aid; students from these backgrounds 

11 have access to fewer college application resources 

12 and financial aid resources than other groups, and 

13 are less likely to fulfill their postsecondary plans as 

14 a result. 

15 (9) College preparation intervention programs 

16 can double the college-going rates for at-risk youth, 

17 can expand students’ educational aspirations, and 

18 can boost college enrollment and graduation rates. 

19 SEC. 3. GRANT PROGRAM. 

20 (a) DEFINITIONS.—In this Act: 

21 (1) COLLEGE-GOING RATE.—The term ‘‘college22 going rate’’ means the percentage of high school 

23 graduates who enroll at an institution of higher edu24 cation in the school year immediately following grad25 uation from high school. 


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1 (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

2 The term ‘‘eligible local educational agency’’ means 

3 a local educational agency in which a majority of the 

4 high schools served by the agency are high-need high 

5 schools. 

6 (3) HIGH-NEED HIGH SCHOOL.—The term 

7 ‘‘high-need high school’’ means a high school in 

8 which not less than 50 percent of the students en9 rolled in the school are— 

10 (A) eligible to receive a free or reduced 

11 price lunch under the Richard B. Russell Na12 tional School Lunch Act (42 U.S.C. 1751 et 

13 seq.); 

14 (B) eligible to be counted under section 

15 1124(c) of the Elementary and Secondary Edu16 cation Act of 1965 (20 U.S.C. 6333(c)); or 

17 (C) in families eligible for assistance under 

18 the State program funded under part A of title 

19 IV of the Social Security Act (42 U.S.C. 601 et 

20 seq.). 

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

22 means a nonprofit institutional day or residential 

23 school, including a public charter high school, that 

24 provides high school education, as determined under 

25 State law. 


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1 (5) HIGH SCHOOL GRADUATION RATE.—The 

2 term ‘‘high school graduation rate’’— 

3 (A) means the percentage of students who 

4 graduate from high school with a regular di5 ploma in the standard number of years; and 

6 (B) is clarified in section 200.19(b)(1) of 

7 title 34, Code of Federal Regulations. 

8 (6) INSTITUTION OF HIGHER EDUCATION.—The 

9 term ‘‘institution of higher education’’ has the 

10 meaning given the term in section 101(a) of the 

11 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

12 (7) LOCAL EDUCATIONAL AGENCY.—The term 

13 ‘‘local educational agency’’ has the meaning given 

14 the term in section 9101 of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 7801). 

16 (8) PARENT.—The term ‘‘parent’’ has the 

17 meaning given the term in section 9101 of the Ele18 mentary and Secondary Education Act of 1965 (20 

19 U.S.C. 7801). 

20 (9) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Education. 

22 (b) COMPETITIVE GRANTS TO ELIGIBLE LOCAL

23 EDUCATIONAL AGENCIES.—The Secretary is authorized 

24 to award grants, on a competitive basis, to eligible local 


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1 educational agencies to carry out the activities described 

2 in this section. 

3 (c) DURATION.—Grants awarded under this section 

4 shall be 5 years in duration. 

5 (d) DISTRIBUTION.—In awarding grants under this 

6 section, the Secretary shall ensure that the grants are dis7 tributed among the different geographic regions of the 

8 United States, and among eligible local educational agen9 cies serving urban and rural areas. 

10 (e) APPLICATIONS.— 

11 (1) IN GENERAL.—Each eligible local edu12 cational agency desiring a grant under this section 

13 shall submit an application to the Secretary at such 

14 time, in such manner, and accompanied by such in15 formation as the Secretary may reasonably require. 

16 (2) CONTENTS.—Each application submitted 

17 under paragraph (1) shall include a description of 

18 the program to be carried out with grant funds 

19 and— 

20 (A) a detailed description of the high 

21 school population to be targeted by the pro22 gram, the particular college-access needs of 

23 such population, and the resources available for 

24 meeting such needs; 


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1 (B) measurable objectives of the program, 

2 including goals for increasing the number of 

3 college applications submitted by each student 

4 and the number of students submitting applica5 tions, increasing Free Application for Federal 

6 Student Aid completion rates, and increasing 

7 school-wide college-going rates across the local 

8 educational agency; 

9 (C) a description of the local educational 

10 agency’s plan to work cooperatively, where ap11 plicable, with programs funded under chapters 

12 1 and 2 of subpart 2 of part A of title IV of 

13 the Higher Education Act of 1965 (20 U.S.C. 

14 1070a–11 et seq. and 1070a–21 et seq.), in15 cluding the extent to which the agency commits 

16 to sharing facilities, providing access to stu17 dents, and developing compatible recordkeeping 

18 systems; 

19 (D) a description of the activities, services, 

20 and training to be provided by the program, in21 cluding a plan to provide structure and support 

22 for all students in the college search, planning, 

23 and application process; 


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1 (E) a description of the methods to be 

2 used to evaluate the outcomes and effectiveness 

3 of the program; 

4 (F) an assurance that grant funds will be 

5 used to supplement, and not supplant, any 

6 other Federal, State, or local funds available to 

7 carry out activities of the type carried out 

8 under the grant; 

9 (G) an explanation of the method used for 

10 calculating college enrollment rates for each 

11 high school served by the eligible local edu12 cational agency that is based on externally 

13 verified data, and, when possible, aligned with 

14 existing State or local methods; 

15 (H) a plan to make the program sustain16 able over time, including the use of matching 

17 funds from non-Federal sources; and 

18 (I) a description of the local educational 

19 agency’s plan to work cooperatively, where ap20 plicable, with the program funded under part H 

21 of title VIII of the Higher Education Act of 

22 1965 (20 U.S.C. 1161h et seq.), including the 

23 extent to which the agency commits to using 

24 and leveraging— 


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1 (i) the needs assessment and rec2 ommendations; 

3 (ii) the model for measuring college 

4 enrollment; and 

5 (iii) comprehensive services. 

6 (3) METHOD OF CALCULATING ENROLLMENT

7 RATES.— 

8 (A) IN GENERAL.—A method included in 

9 an application under paragraph (2)(G)— 

10 (i) shall, at a minimum, track stu11 dents’ first-time enrollment in institutions 

12 of higher education; and 

13 (ii) may track progress toward com14 pletion of a postsecondary degree. 

15 (B) DEVELOPMENT IN CONJUNCTION.—An 

16 eligible local educational agency may develop a 

17 method pursuant to paragraph (2)(G) in con18 junction with an existing public or private enti19 ty that currently maintains such a method. 

20 (f) SPECIAL CONSIDERATION.—In awarding grants 

21 under this section, the Secretary shall give special consid22 eration to applications from eligible local educational 

23 agencies serving schools with the highest percentages of 

24 poverty. 

25 (g) USE OF FUNDS.— 


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1 (1) IN GENERAL.—An eligible local educational 

2 agency that receives a grant under this section shall 

3 develop and implement, or expand, a program to in4 crease the number of low-income students who enroll 

5 in postsecondary educational institutions, including 

6 institutions with competitive admissions criteria. 

7 (2) REQUIRED USE OF FUNDS.—Each program 

8 funded under this section shall— 

9 (A) provide professional development to 

10 high school teachers and school counselors in 

11 postsecondary education advising; 

12 (B) implement a comprehensive college 

13 guidance program for all students in a high 

14 school served by an eligible local educational 

15 agency under this section that— 

16 (i) ensures that all students and their 

17 parents, are regularly notified throughout 

18 the students’ time in high school, begin19 ning in the first year of high school, of— 

20 (I) high school graduation re21 quirements; 

22 (II) college entrance require23 ments; 

24 (III) the economic and social 

25 benefits of higher education; 


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1 (IV) college expenses, including 

2 information about expenses by institu3 tional type, differences between stick4 er price and net price, and expenses 

5 beyond tuition; and 

6 (V) the resources for paying for 

7 college, including the availability, eli8 gibility, and variety of financial aid; 

9 (ii) provides assistance to students in 

10 registering for and preparing for college 

11 entrance tests; 

12 (iii) provides one-on-one guidance and 

13 assistance to students in applying to an in14 stitution of higher education and in apply15 ing for Federal financial aid assistance and 

16 other State, local, and private financial aid 

17 assistance and scholarships; 

18 (iv) provides opportunities for stu19 dents to explore postsecondary opportuni20 ties outside of the school setting, such as 

21 college fairs, career fairs, college tours, 

22 workplace visits, or other similar activities; 

23 and 

24 (v) provides not less than 1 meeting 

25 for each student, not later than the first 


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1 semester of the first year of high school, 

2 with a school counselor, college access per3 sonnel (including personnel involved in pro4 grams funded under chapters 1 and 2 of 

5 subpart 2 of part A of title IV of the High6 er Education Act of 1965 (20 U.S.C. 

7 1070a–11 et seq. and 1070a–21 et seq.)), 

8 trained teacher, or other professional or or9 ganization, such as a community-based or10 ganization, approved by the school, to dis11 cuss postsecondary options, outline post12 secondary goals, and create a plan to 

13 achieve those goals, and provides not less 

14 than 2 meetings in each year to discuss 

15 progress on the plan; 

16 (C) ensure that each high school served by 

17 the eligible local educational agency develops a 

18 comprehensive, school-wide plan of action to 

19 strengthen the college-going culture within the 

20 high school; and 

21 (D) create or maintain a postsecondary ac22 cess center in the school setting that provides 

23 information on colleges and universities, career 

24 opportunities, and financial aid options and 

25 provide a setting in which professionals working 


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1 in college access programs, such as those fund2 ed under chapters 1 and 2 of subpart 2 of part 

3 A of title IV of the Higher Education Act of 

4 1965 (20 U.S.C. 1070a–11 et seq. and 1070a– 

5 21 et seq.), can meet with students. 

6 (3) ALLOWABLE USE OF FUNDS.—Each pro7 gram funded under this section may— 

8 (A) establish mandatory postsecondary 

9 planning classes for high school students to as10 sist in the college preparation and application 

11 process; 

12 (B) hire and train postsecondary coaches 

13 with expertise in the college-going process to 

14 supplement existing school counselors; 

15 (C) increase the number of school coun16 selors who specialize in the college-going proc17 ess serving students; 

18 (D) train student leaders to assist in the 

19 creation of a college-going culture in their 

20 schools; 

21 (E) establish partnerships with programs 

22 funded under chapters 1 and 2 of subpart 2 of 

23 part A of title IV of the Higher Education Act 

24 of 1965 (20 U.S.C. 1070a–11 et seq. and 

25 1070a–21 et seq.), and with community and 


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1 nonprofit organizations to increase college-going 

2 rates at high schools served by the eligible local 

3 educational agency; 

4 (F) provide long-term postsecondary follow 

5 up with graduates of the high schools served by 

6 the eligible local educational agencies, including 

7 increasing alumni involvement in mentoring and 

8 advising roles within the high school; and 

9 (G) deliver college and career planning cur10 riculum as a stand-alone course, or embedded 

11 in other classes, or delivered through the guid12 ance curriculum by the school counselor for all 

13 students in high school. 

14 (h) SUPPLEMENT, NOT SUPPLANT.—Funds made 

15 available under this section shall be used to supplement, 

16 and not supplant, other Federal, State, and local funds 

17 available to carry out the activities described in this sec18 tion. 

19 (i) TECHNICAL ASSISTANCE.—The Secretary, di20 rectly or through contracting through a full and open 

21 process with 1 or more organizations that have dem22 onstrated experience providing technical assistance to 

23 raise school-wide college-going rates in local educational 

24 agencies in not less than 3 States, shall provide technical 


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1 assistance to grantees in carrying out this section. The 

2 technical assistance shall— 

3 (1) provide assistance in the calculation and 

4 analysis of college-going rates for all grant recipi5 ents; 

6 (2) provide semi-annual analysis to each grant 

7 recipient recommending best practices based on a 

8 comparison of the recipient’s data with that of high 

9 schools with similar demographics; and 

10 (3) provide annual best practices conferences 

11 for all grant recipients. 

12 (j) REPORTING REQUIREMENTS.—Each eligible local 

13 educational agency receiving a grant under this section 

14 shall collect and report annually to the Secretary such in15 formation for the local educational agency and for each 

16 high school assisted under this section on the results of 

17 the activities assisted under the grant as the Secretary 

18 may reasonably require, including information on— 

19 (1) the number and percentage of students who 

20 enroll in an institution of higher education in the 

21 school year immediately following the students’ high 

22 school graduation as measured by externally verified 

23 school-wide college enrollment data; 


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1 (2) the number and percentage of students who 

2 graduate from high school on time with a regular 

3 high school diploma; 

4 (3) the number and percentage of students, at 

5 each grade level, who are on track to graduate from 

6 high school on time and with a regular high school 

7 diploma; 

8 (4) the number and percentage of senior high 

9 school students who apply to an institution of higher 

10 education and the average number of applications 

11 completed and submitted by students; 

12 (5) the number and percentage of senior high 

13 school students who file the Free Application for 

14 Federal Student Aid forms; 

15 (6) the number and percentage of students, in 

16 grade 10, who take early admissions assessments, 

17 such as the PSAT; 

18 (7) the number and percentage of students, in 

19 grades 11 and 12, who take the SAT or ACT, and 

20 the students’ mean scores on such assessments; 

21 (8) where data are available, the number and 

22 percentage of students enrolled in remedial mathe23 matics or English courses during their freshman 

24 year at an institution of higher education; 


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1 (9) the number and percentage of students, in 

2 grades 11 and 12, enrolled in not less than 2 of the 

3 following: 

4 (A) a dual credit course; or 

5 (B) an Advanced Placement or Inter6 national Baccalaureate course; and 

7 (10) the number and percentage of students 

8 who meet or exceed State reading or language arts, 

9 mathematics, or science standards, as measured by 

10 State academic assessments required under section 

11 1111(b)(3) of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 6311(b)(3)). 

13 (k) REPORTING OF DATA.—Each eligible local edu14 cational agency receiving a grant under this section shall 

15 report to the Secretary, where possible, the information 

16 required under subsection (j) disaggregated in the same 

17 manner as information is disaggregated under section 

18 1111(h)(1)(C)(i) of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)). 

20 (l) EVALUATIONS BY GRANTEES.—Each eligible local 

21 educational agency that receives a grant under this section 

22 shall— 

23 (1) conduct periodic evaluations of the effective24 ness of the activities carried out under the grant to25 ward increasing school-wide college-going rates; 


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1 (2) use such evaluations to refine and improve 

2 activities conducted with the grant and the perform3 ance measures for such activities; and 

4 (3) make the results of such evaluations pub5 licly available, including by providing public notice of 

6 such availability. 

7 (m) REPORT.—From the amount appropriated for 

8 any fiscal year, the Secretary shall reserve such sums as 

9 may be necessary— 

10 (1) to conduct an independent evaluation, by 

11 grant or by contract, of the programs carried out 

12 under this section, which shall include an assessment 

13 of the impact of the program on high school gradua14 tion rates and college-going rates; and 

15 (2) to prepare and submit a report on the re16 sults of the evaluation described in paragraph (1) to 

17 the Committee on Health, Education, Labor, and 

18 Pensions of the Senate and the Committee on Edu19 cation and Labor of the House of Representatives. 

20 (n) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 such sums as may be necessary for fiscal year 2010 and 

23 each of the 5 succeeding fiscal years. 

Æ 


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