123 
(TRANSFER OF FUNDS) 
SEC. 304. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985) which are appro-
priated for the Department of Education in this Act may 
be transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any 
such transfer: Provided, That the transfer authority 
granted by this section shall not be used to create any 
new program or to fund any project or activity for which 
no funds are provided in this Act: Provided further, That 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate are notified at least 15 days 
in advance of any transfer. 
SEC. 305. The Outlying Areas may consolidate funds 
received under this Act, pursuant to 48 U.S.C. 1469a, 
under part A of title V of the ESEA. 
SEC. 306. Section 105(f)(1)(B)(ix) of the Compact 
of Free Association Amendments Act of 2003 (48 U.S.C. 
1921d(f)(1)(B)(ix)) shall be applied by substituting 
‘‘2015’’ for ‘‘2009’’. 
SEC. 307. The Secretary may reserve funds under 
section 9601 of the ESEA (subject to the limitations in 
subsections (b) and (c) of that section) in order to carry 
out activities authorized under that section with respect 
VerDate Sep 11 2014 
03:03 Sep 16, 2014
Jkt 039200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H5464.IH
H5464
rfrederick on DSK6VPTVN1PROD with BILLS
124 
to any ESEA program funded in this Act and without re-
spect to the source of funds for those activities: Provided, 
That any funds reserved under this section shall be avail-
able from July 1, 2015 through September 30, 2016: Pro-
vided further, That not later than 10 days prior to the 
initial obligation of funds reserved under this section, the 
Secretary shall submit an evaluation plan to the Senate 
Committees on Appropriations and Health, Education, 
Labor, and Pensions and the House Committees on Ap-
propriations and Education and the Workforce which 
identifies the source and amount of funds reserved under 
this section, the impact on program grantees if funds are 
withheld, and the programs to be evaluated with such 
funds. 
SEC. 308. None of the funds made available by this 
Act to carry out the HEA may be disbursed or delivered 
to an institution of higher education (or other postsec-
ondary educational institution) on behalf of a student, or 
to a student to be used to attend the institution, unless 
the institution certifies to the Secretary that it will not 
use revenues derived from educational assistance funds 
provided in any form under any Federal law for adver-
tising, marketing or student recruitment activities (other 
than activities required or specifically authorized by title 
IV of the HEA or otherwise specified by the Secretary). 
VerDate Sep 11 2014 
03:03 Sep 16, 2014
Jkt 039200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H5464.IH
H5464
rfrederick on DSK6VPTVN1PROD with BILLS
125 
SEC. 309. The Secretary of Education shall— 
(1) modify the Free Application for Federal 
Student Aid described in section 483 of the HEA so 
that the Free Application for Federal Student Aid 
contains an individual box for the purpose of identi-
fying students who are foster youth or were in the 
foster care system; and 
(2) utilize such identification as a tool to notify 
students who are foster youth or were in the foster 
care system of their potential eligibility for Federal 
student aid, including postsecondary education pro-
grams through the John H. Chafee Foster Care 
Independence Program and any other Federal pro-
grams under which such students may be eligible to 
receive assistance. 
SEC. 310. (a) STUDENT ELIGIBILITY.— 
(1) Subsection (d) of section 484 of the HEA 
is amended to read as follows: 
‘‘(d) STUDENTS WHO ARE NOT HIGH SCHOOL 
GRADUATES.— 
‘‘(1) STUDENT
ELIGIBILITY.—In order for a 
student who does not have a certificate of gradua-
tion from a school providing secondary education, or 
the recognized equivalent of such certificate, to be 
eligible for any assistance under subparts 1, 3, and 
VerDate Sep 11 2014 
03:03 Sep 16, 2014
Jkt 039200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H5464.IH
H5464
rfrederick on DSK6VPTVN1PROD with BILLS
126 
4 of part A and parts B, C, D, and E of this title, 
the student shall meet the requirements of one of 
the following subparagraphs: 
‘‘(A) The student is enrolled in an eligible 
career pathway program and meets one of the 
following standards: 
‘‘(i) The student shall take an inde-
pendently administered examination and 
shall achieve a score, specified by the Sec-
retary, demonstrating that such student 
can benefit from the education or training 
being offered. Such examination shall be 
approved by the Secretary on the basis of 
compliance with such standards for devel-
opment, administration, and scoring as the 
Secretary may prescribe in regulations. 
‘‘(ii) The student shall be determined 
as having the ability to benefit from the 
education or training in accordance with 
such process as the State shall prescribe. 
Any such process described or approved by 
a State for the purposes of this section 
shall be effective 6 months after the date 
of submission to the Secretary unless the 
Secretary disapproves such process. In de-
VerDate Sep 11 2014 
03:03 Sep 16, 2014
Jkt 039200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H5464.IH
H5464
rfrederick on DSK6VPTVN1PROD with BILLS
127 
termining whether to approve or dis-
approve such process, the Secretary shall 
take into account the effectiveness of such 
process in enabling students without sec-
ondary school diplomas or the equivalent 
thereof to benefit from the instruction of-
fered by institutions utilizing such process, 
and shall also take into account the cul-
tural diversity, economic circumstances, 
and educational preparation of the popu-
lations served by the institutions. 
‘‘(iii) The student shall be determined 
by the institution of higher education as 
having the ability to benefit from the edu-
cation or training offered by the institution 
of higher education upon satisfactory com-
pletion of 6 credit hours or the equivalent 
coursework that are applicable toward a 
degree or certificate offered by the institu-
tion of higher education. 
‘‘(B) The student has completed a sec-
ondary school education in a home school set-
ting that is treated as a home school or private 
school under State law. 
VerDate Sep 11 2014 
03:03 Sep 16, 2014
Jkt 039200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H5464.IH
H5464
rfrederick on DSK6VPTVN1PROD with BILLS
128 
‘‘(2) ELIGIBLE CAREER PATHWAY PROGRAM.— 
In this subsection, the term ‘eligible career pathway 
program’ means a program that— 
‘‘(A) concurrently enrolls participants in 
connected adult education and eligible postsec-
ondary programs; 
‘‘(B) provides counseling and supportive 
services to identify and attain academic and ca-
reer goals; 
‘‘(C) provides structured course sequences 
that— 
‘‘(i) 
are 
articulated 
and 
contextualized; and 
‘‘(ii) allow students to advance to 
higher levels of education and employment; 
‘‘(D) provides opportunities for accelera-
tion to attain recognized postsecondary creden-
tials, including degrees, industry relevant cer-
tifications, and certificates of completion of ap-
prenticeship programs; 
‘‘(E) is organized to meet the needs of 
adults; 
‘‘(F) is aligned with the education and skill 
needs of the regional economy; and 
VerDate Sep 11 2014 
03:03 Sep 16, 2014
Jkt 039200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H5464.IH
H5464
rfrederick on DSK6VPTVN1PROD with BILLS