I 

108TH CONGRESS 

2D SESSION H. R. 3988

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 post-secondary education. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 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 post-secondary 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 
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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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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’’. 
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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, but may receive college credit. 

20 ‘‘(b) STUDENT ELIGIBILITY.—Except as provided in 

21 subsection (e)(2), a student shall be eligible for the pur22 pose of this section, if the student—

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

24 State programs; 

25 ‘‘(2) is enrolled in 10th, 11th, or 12th grade; 

26 and 
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1 ‘‘(3) has demonstrated academic readiness for 

2 college courses as determined by the applying entity. 

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

4 funding under this section may provide services such as—

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

6 courses as determined by the post secondary institu7 tion in which participating students—

8 ‘‘(A) receive instruction from a postsec9 ondary institution faculty member at the sec10 ondary site; 

11 ‘‘(B) take courses from a postsecondary in12 stitution faculty member on-site at the postsec13 ondary institution; 

14 ‘‘(C) receive college level instruction from 

15 high school faculty who hold the same creden16 tials as postsecondary faculty or who meet 

17 qualifications and standards approved by the 

18 postsecondary institution; or 

19 ‘‘(D) enroll in an early/middle college high 

20 school in which students may earn college credit 

21 through a coherent course of study leading to 

22 a postsecondary degree and high school diploma 

23 in an accelerated timeframe; 

24 ‘‘(2) underwriting the per-credit costs of college 

25 courses; 
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1 ‘‘(3) assistance with the selection of core non2 remedial college courses by students; 

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

4 non-remedial college courses in which students are 

5 enrolled; and 

6 ‘‘(5) purchasing books, supplies, and transpor7 tation. 

8 ‘‘(d) REQUIREMENTS FOR APPROVAL OF APPLICA9 TIONS.—In approving applications for GEAR UP & GO 

10 under this section for any fiscal year, the Secretary 

11 shall—

12 ‘‘(1) award funds under this program on an an13 nual basis and determine the average award; 

14 ‘‘(2) take into consideration whether partici15 pating students in a dual/concurrent enrollment pro16 gram will receive college credit; 

17 ‘‘(3) require an assurance that an entity apply18 ing for funding under this section meet the require19 ments of section 404A(c); and 

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

21 ‘‘(A) details the criteria used for deter22 mining student academic readiness or qualifica23 tions for participation in the dual/concurrent 

24 enrollment program; and 
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1 ‘‘(B) specifies the methods by which funds 

2 will be spent for carrying out the program. 

3 ‘‘(e) EARLY/MIDDLE COLLEGE HIGH SCHOOL.—

4 ‘‘(1) RESERVATION FOR GRANTS.—The Sec5 retary of Education shall reserve, at a maximum, 25 

6 percent of the funds appropriated under subsection 

7 (f) for any fiscal year for a program of grants to 

8 early/middle college high school. 

9 ‘‘(2) ELIGIBLE PROGRAMS.—For purposes of 

10 this subsection, an early/middle college high school is 

11 a school that is designed to provide 9th through 

12 12th grade low-income and first-generation college 

13 students with a coherent course of study enabling 

14 them to earn simultaneously a high school diploma 

15 and college credit toward a postsecondary degree. 

16 ‘‘(3) REQUIREMENTS.—Except as provided in 

17 paragraph (4), the programs provided funds under 

18 this subsection shall comply with the requirements of 

19 subsections (b), (c), and (d) of this section. 

20 ‘‘(4) EXCEPTION.—Notwithstanding subsections 

21 (b)(1) and (d)(3)—

22 ‘‘(A) a student served in a program funded 

23 by a grant under this subsection is not required 

24 to be enrolled in a GEAR UP partnership or 

25 State program; and 
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1 ‘‘(B) an entity applying for funding under 

2 this subsection is not required to meet the re3 quirements of section 404A(c). 

4 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—In addi5 tion to the sums authorized by section 404I, there are au6 thorized to be appropriated to carry out this section 

7 $50,000,000 for fiscal year 2005 and such sums necessary 

8 for each of the 5 succeeding years.’’. 

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

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

11 404H’’ each place it appears and inserting ‘‘section 404I’’. 

12 SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSIST13 ANCE. 

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

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

16 end the following new subsection: 

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

18 current grantees in strengthening partnerships, leveraging 

19 resources, and sustaining programs, the Secretary shall 

20 award not more than 0.75 percent of the funds appro21 priated under section 404I for a fiscal year to the national 

22 education organization that has served as technical assist23 ance provider for this program.’’. 
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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

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

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

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

8 fiscal years.’’.

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