I 

108TH CONGRESS 

2D SESSION H. R. 3948

To amend the Higher Education Act of 1965 by strengthening and expanding 

the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) in order to facilitate the transition of low-income 

high school students into postsecondary education. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2004

Mr. FATTAH introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL

To amend the Higher Education Act of 1965 by strengthening and expanding the Gaining Early Awareness and 

Readiness for Undergraduate Programs (GEAR UP) in 

order to facilitate the transition of low-income high 

school students into postsecondary education.

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; REFERENCES. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘GEAR UP & GO Act’’. 

6 (b) REFERENCES.—Except as otherwise expressly 

7 provided, whenever in this Act an amendment or repeal 
2

•HR 3948 IH 

1 is expressed in terms of an amendment to, or repeal of, 

2 a section or other provision, the reference shall be consid3 ered to be made to a section or other provision of the 

4 Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 

5 SEC. 2. CONTINUUM OF SERVICES. 

6 (a) AWARDS.—Section 404A(b)(2)(B) (20 U.S.C. 

7 1070a–21(b)(2)(B)) is amended by inserting after 

8 ‘‘through the completion of secondary school’’ the fol9 lowing: ‘‘or through the first year of attendance at a post10 secondary education institution’’. 

11 (b) COHORT APPROACH.—Section 404B(g)(1)(B) 

12 (20 U.S.C. 1070a–22(g)(1)(B)) is amended by inserting 

13 after ‘‘through the 12th grade’’ the following ‘‘or through 

14 the first year of attendance at a postsecondary education 

15 institution to students in the participating grade level’’. 

16 (c) EARLY INTERVENTION.—

17 (1) USES OF FUNDS.—Section 404D(b)(2) (20 

18 U.S.C. 1070a–24(b)(2)) is amended by inserting 

19 after ‘‘through grade 12’’ the following: ‘‘or through 

20 the first year of attendance at a postsecondary edu21 cation institution’’. 

22 (2) PRIORITY STUDENTS.—Section 404D(c) is 

23 amended by inserting after ‘‘through grade 12’’ the 

24 following ‘‘or through the first year of attendance at 

25 a postsecondary education institution’’. 
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•HR 3948 IH 

1 SEC. 3. CONTINUING ELIGIBILITY. 

2 Section 404A (20 U.S.C. 1070a–21) is amended by 

3 adding at the end the following new subsection: 

4 ‘‘(d) CONTINUING ELIGIBILITY.—An eligible entity 

5 shall not cease to be an eligible entity upon the expiration 

6 of any grant under this chapter (including a continuation 

7 award). The Secretary shall require any such entity seek8 ing a new grant to demonstrate the effectiveness of the 

9 prior programs under this chapter in its plan submitted 

10 under section 404C.’’. 

11 SEC. 4. FINANCIAL EDUCATION AND COUNSELING. 

12 Section 404D (20 U.S.C. 1070a–24) is amended—

13 (1) in subsection (a)(1)(B)(i), by inserting be14 fore the semicolon at the end the following: ‘‘, and 

15 counseling and education regarding financial cost re16 quirements for college’’; and 

17 (2) in subsection (b)(2)(A)(ii), by striking ‘‘ca18 reer mentoring’’ inserting ‘‘career planning and 

19 mentoring, academic counseling, and financial lit20 eracy, education, or counseling pertaining to the 

21 process of going to college’’. 

22 SEC. 5. SCHOLARSHIP COMPONENT. 

23 Section 404E(b)(2) (20 U.S.C. 1070a–25(b)(2)) is 

24 amended by inserting after ‘‘section 401 for such fiscal 

25 year’’ the following ‘‘, or $5,800, whichever is less’’. 
4

•HR 3948 IH 

1 SEC. 6. DUAL/CONCURRENT ENROLLMENT. 

2 (a) AMENDMENT.—Chapter 2 of part A of title IV 

3 is amended—

4 (1) by redesignating section 404G and 404H 

5 (20 U.S.C. 1070a–27) as sections 404H and 404I, 

6 respectively; and 

7 (2) by inserting after section 404F the fol8 lowing: 

9 ‘‘SEC. 404G. DUAL/CONCURRENT ENROLLMENT. 

10 ‘‘(a) PROGRAM AUTHORITY.—The Secretary is au11 thorized to carry out a program to be known as ‘GEAR 

12 UP & GO’, to provide growing opportunities for dual/con13 current enrollment, which shall be designed to provide low14 income high school students participating in GEAR UP 

15 partnerships or State programs the opportunity to enroll 

16 in college courses while still enrolled in high school. In 

17 such program, students shall not be required to apply for 

18 admission to the institution of higher education in order 

19 to participate, and may receive college credit. 

20 ‘‘(b) STUDENT ELIGIBILITY.—For the purpose of 

21 this chapter, a student shall be eligible if the student is—

22 ‘‘(1) is enrolled in GEAR UP partnerships or 

23 State programs; 

24 ‘‘(2) is enrolled 10th, 11th, or 12th grade; and 

25 ‘‘(3) has demonstrated academic readiness for 

26 college courses as determined by the applying entity. 
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•HR 3948 IH 

1 ‘‘(c) PERMISSIBLE SERVICES.—An entity receiving 

2 funding under this chapter may provide services such as—

3 ‘‘(1) the offering of core nonremedial college 

4 courses as determined by the postsecondary institu5 tion in which participating students—

6 ‘‘(A) receive instruction from a postsec7 ondary institution faculty member at the sec8 ondary site; 

9 ‘‘(B) take courses from a postsecondary in10 stitution faculty member on-site at the postsec11 ondary institution; 

12 ‘‘(C) receive college level instruction from 

13 high school faculty who hold the same creden14 tials as postsecondary faculty; and 

15 ‘‘(D) enroll in an early college high school 

16 in which students may earn college credit 

17 through a coherent course of study leading to 

18 a postsecondary degree. 

19 ‘‘(2) assistance with the selection of core non20 remedial college courses by students; 

21 ‘‘(3) tutorial services pertaining to the core 

22 nonremedial college courses in which students are 

23 enrolled; and 

24 ‘‘(4) purchasing books, supplies, and transpor25 tation. 
6

•HR 3948 IH 

1 ‘‘(d) REQUIREMENTS FOR APPROVAL OF APPLICA2 TIONS.—In approving applications for GEAR UP & GO 

3 under this chapter for any fiscal year, the Secretary 

4 shall—

5 ‘‘(1) award funds under this program on an an6 nual basis and determine the average award; 

7 ‘‘(2) take into consideration whether partici8 pating students in a dual/concurrent enrollment pro9 gram will receive college credit; 

10 ‘‘(3) require an assurance that an entity apply11 ing for funding under this chapter meet the require12 ments of section 404A(c); and 

13 ‘‘(4) not approve a plan unless such a plan—

14 ‘‘(A) details the criteria used for deter15 mining student academic readiness or qualifica16 tions for participation in the dual/concurrent 

17 enrollment program; and 

18 ‘‘(B) specifies the methods by which funds 

19 will be spent for carrying out the program. 

20 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In ad21 dition to the sums authorized by section 404I, there are 

22 authorized to be appropriated to carry out this section 

23 $50,000,000 for fiscal year 2005 and such sums necessary 

24 for each of the 5 succeeding years.’’. 
7

•HR 3948 IH 

1 (b) CONFORMING AMENDMENTS.—Chapter 2 of part 

2 A of title IV is further amended by striking ‘‘section 

3 404H’’ each place it appears and inserting ‘‘section 404I’’. 

4 SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSIST5 ANCE. 

6 Section 404H (20 U.S.C. 1070a–27), as redesignated 

7 by section 5(1) of this Act, is amended by adding at the 

8 end the following new subsection: 

9 ‘‘(e) TECHNICAL ASSISTANCE.—In order to assist 

10 current grantees in strengthening partnerships, leveraging 

11 resources, and sustaining programs, the Secretary shall 

12 award not more than 0.75 percent of the funds appro13 priated under section 404I for a fiscal year to the national 

14 education organization that has served as technical assist15 ance provider for this program.’’. 

16 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 404I (20 U.S.C. 1070a–28), as redesignated 

18 by section 5(1) of this Act, is amended to read as follows: 

19 ‘‘SEC. 404I. AUTHORIZATION OF APPROPRIATIONS. 

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

21 this chapter $500,000,000 for fiscal year 2005 and such 

22 sums as may be necessary for each of the 5 succeeding 

23 fiscal years.’’.

Æ
2

•HR 3948 IH 

1 is expressed in terms of an amendment to, or repeal of, 

2 a section or other provision, the reference shall be consid3 ered to be made to a section or other provision of the 

4 Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 

5 SEC. 2. CONTINUUM OF SERVICES. 

6 (a) AWARDS.—Section 404A(b)(2)(B) (20 U.S.C. 

7 1070a–21(b)(2)(B)) is amended by inserting after 

8 ‘‘through the completion of secondary school’’ the fol9 lowing: ‘‘or through the first year of attendance at a post10 secondary education institution’’. 

11 (b) COHORT APPROACH.—Section 404B(g)(1)(B) 

12 (20 U.S.C. 1070a–22(g)(1)(B)) is amended by inserting 

13 after ‘‘through the 12th grade’’ the following ‘‘or through 

14 the first year of attendance at a postsecondary education 

15 institution to students in the participating grade level’’. 

16 (c) EARLY INTERVENTION.—

17 (1) USES OF FUNDS.—Section 404D(b)(2) (20 

18 U.S.C. 1070a–24(b)(2)) is amended by inserting 

19 after ‘‘through grade 12’’ the following: ‘‘or through 

20 the first year of attendance at a postsecondary edu21 cation institution’’. 

22 (2) PRIORITY STUDENTS.—Section 404D(c) is 

23 amended by inserting after ‘‘through grade 12’’ the 

24 following ‘‘or through the first year of attendance at 

25 a postsecondary education institution’’. 
3

•HR 3948 IH 

1 SEC. 3. CONTINUING ELIGIBILITY. 

2 Section 404A (20 U.S.C. 1070a–21) is amended by 

3 adding at the end the following new subsection: 

4 ‘‘(d) CONTINUING ELIGIBILITY.—An eligible entity 

5 shall not cease to be an eligible entity upon the expiration 

6 of any grant under this chapter (including a continuation 

7 award). The Secretary shall require any such entity seek8 ing a new grant to demonstrate the effectiveness of the 

9 prior programs under this chapter in its plan submitted 

10 under section 404C.’’. 

11 SEC. 4. FINANCIAL EDUCATION AND COUNSELING. 

12 Section 404D (20 U.S.C. 1070a–24) is amended—

13 (1) in subsection (a)(1)(B)(i), by inserting be14 fore the semicolon at the end the following: ‘‘, and 

15 counseling and education regarding financial cost re16 quirements for college’’; and 

17 (2) in subsection (b)(2)(A)(ii), by striking ‘‘ca18 reer mentoring’’ inserting ‘‘career planning and 

19 mentoring, academic counseling, and financial lit20 eracy, education, or counseling pertaining to the 

21 process of going to college’’. 

22 SEC. 5. SCHOLARSHIP COMPONENT. 

23 Section 404E(b)(2) (20 U.S.C. 1070a–25(b)(2)) is 

24 amended by inserting after ‘‘section 401 for such fiscal 

25 year’’ the following ‘‘, or $5,800, whichever is less’’. 
4

•HR 3948 IH 

1 SEC. 6. DUAL/CONCURRENT ENROLLMENT. 

2 (a) AMENDMENT.—Chapter 2 of part A of title IV 

3 is amended—

4 (1) by redesignating section 404G and 404H 

5 (20 U.S.C. 1070a–27) as sections 404H and 404I, 

6 respectively; and 

7 (2) by inserting after section 404F the fol8 lowing: 

9 ‘‘SEC. 404G. DUAL/CONCURRENT ENROLLMENT. 

10 ‘‘(a) PROGRAM AUTHORITY.—The Secretary is au11 thorized to carry out a program to be known as ‘GEAR 

12 UP & GO’, to provide growing opportunities for dual/con13 current enrollment, which shall be designed to provide low14 income high school students participating in GEAR UP 

15 partnerships or State programs the opportunity to enroll 

16 in college courses while still enrolled in high school. In 

17 such program, students shall not be required to apply for 

18 admission to the institution of higher education in order 

19 to participate, and may receive college credit. 

20 ‘‘(b) STUDENT ELIGIBILITY.—For the purpose of 

21 this chapter, a student shall be eligible if the student is—

22 ‘‘(1) is enrolled in GEAR UP partnerships or 

23 State programs; 

24 ‘‘(2) is enrolled 10th, 11th, or 12th grade; and 

25 ‘‘(3) has demonstrated academic readiness for 

26 college courses as determined by the applying entity. 
5

•HR 3948 IH 

1 ‘‘(c) PERMISSIBLE SERVICES.—An entity receiving 

2 funding under this chapter may provide services such as—

3 ‘‘(1) the offering of core non-remedial college 

4 courses as determined by the post secondary institu5 tion in which participating students—

6 ‘‘(A) receive instruction from a postsec7 ondary institution faculty member at the sec8 ondary site; 

9 ‘‘(B) take courses from a postsecondary in10 stitution faculty member on-site at the postsec11 ondary institution; 

12 ‘‘(C) receive college level instruction from 

13 high school faculty who hold the same creden14 tials as postsecondary faculty; and 

15 ‘‘(D) enroll in an early college high school 

16 in which students may earn college credit 

17 through a coherent course of study leading to 

18 a postsecondary degree. 

19 ‘‘(2) assistance with the selection of core non 

20 remedial college courses by students; 

21 ‘‘(3) tutorial services pertaining to the core non 

22 remedial college courses in which students are en23 rolled; and 

24 ‘‘(4) purchasing books, supplies, and transpor25 tation. 
6

•HR 3948 IH 

1 ‘‘(d) REQUIREMENTS FOR APPROVAL OF APPLICA2 TIONS.—In approving applications for GEAR UP & GO 

3 under this chapter for any fiscal year, the Secretary 

4 shall—

5 ‘‘(1) award funds under this program on an an6 nual basis and determine the average award; 

7 ‘‘(2) take into consideration whether partici8 pating students in a dual/concurrent enrollment pro9 gram will receive college credit; 

10 ‘‘(3) require an assurance that an entity apply11 ing for funding under this chapter meet the require12 ments of section 404A(c); and 

13 ‘‘(4) not approve a plan unless such a plan—

14 ‘‘(A) details the criteria used for deter15 mining student academic readiness or qualifica16 tions for participation in the dual/concurrent 

17 enrollment program; and 

18 ‘‘(B) specifies the methods by which funds 

19 will be spent for carrying out the program. 

20 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In ad21 dition to the sums authorized by section 404I, there are 

22 authorized to be appropriated to carry out this section 

23 $50,000,000 for fiscal year 2005 and such sums necessary 

24 for each of the 5 succeeding years.’’. 
7

•HR 3948 IH 

1 (b) CONFORMING AMENDMENTS.—Chapter 2 of part 

2 A of title IV is further amended by striking ‘‘section 

3 404H’’ each place it appears and inserting ‘‘section 404I’’. 

4 SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSIST5 ANCE. 

6 Section 404H (20 U.S.C. 1070a–27), as redesignated 

7 by section 5(1) of this Act, is amended by adding at the 

8 end the following new subsection: 

9 ‘‘(e) TECHNICAL ASSISTANCE.—In order to assist 

10 current grantees in strengthening partnerships, leveraging 

11 resources, and sustaining programs, the Secretary shall 

12 award not more than 0.75 percent of the funds appro13 priated under section 404I for a fiscal year to the national 

14 education organization that has served as technical assist15 ance provider for this program.’’. 

16 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 404I (20 U.S.C. 1070a–28), as redesignated 

18 by section 5(1) of this Act, is amended to read as follows: 

19 ‘‘SEC. 404I. AUTHORIZATION OF APPROPRIATIONS. 

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

21 this chapter $500,000,000 for fiscal year 2005 and such 

22 sums as may be necessary for each of the 5 succeeding 

23 fiscal years.’’.

Æ