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‘‘(i) the percentage of individuals par-
ticipating in such routes, or who have com-
pleted such routes during the 2-year period 
preceding the date of the determination, 
who passed each such assessment; and 
‘‘(ii) the average scaled score of indi-
viduals participating in such routes, or who 
have completed such routes during the pe-
riod preceding the date of the determina-
tion, who took each such assessment. 
‘‘(F) A description of the State’s criteria 
for assessing the performance of teacher prepa-
ration programs within institutions of higher 
education in the State. Such criteria shall in-
clude indicators of the academic content knowl-
edge and teaching skills of students enrolled in 
such programs. 
‘‘(G) For each teacher preparation pro-
gram in the State, the criteria for admission 
into the program, the number of students in the 
program, disaggregated by race, ethnicity, and 
gender (except that such disaggregation shall 
not be required in a case in which the number 
of students in a category is insufficient to yield 
statistically reliable information or the results 
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would reveal personally identifiable information 
about an individual student), the average num-
ber of hours of supervised clinical experience re-
quired for those in the program, and the num-
ber of full-time equivalent faculty, adjunct fac-
ulty, and students in supervised clinical experi-
ence. 
‘‘(H) For the State as a whole, and for 
each teacher preparation program in the State, 
the number of teachers prepared, in the aggre-
gate and reported separately by— 
‘‘(i) area of certification or licensure; 
‘‘(ii) academic major; and 
‘‘(iii) subject area for which the teach-
er has been prepared to teach. 
‘‘(I) Using the data generated under sub-
paragraphs (G) and (H), a description of the 
extent to which teacher preparation programs 
are helping to address shortages of highly quali-
fied teachers, by area of certification or licen-
sure, subject, and specialty, in the State’s pub-
lic schools. 
‘‘(J) A description of the activities that 
prepare general and special education teachers 
to effectively teach students with disabilities, in-
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cluding training related to participation as a 
member of individualized education program 
teams, as defined in section 614(d)(1)(B) of the 
Individuals with Disabilities Education Act. 
‘‘(K) A description of the activities that 
prepare teachers to effectively integrate tech-
nology into curricula and instruction and effec-
tively use technology to collect, manage, and 
analyze data to improve teaching, learning, and 
decision making for the purpose of increasing 
student academic achievement. 
‘‘(L) A description of the activities that 
prepare general education and special education 
teachers to effectively teach students with lim-
ited English proficiency. 
‘‘(2) PROHIBITION AGAINST CREATING A NA-
TIONAL LIST.—The Secretary shall not create a na-
tional list or ranking of States, institutions, or 
schools using the scaled scores provided under this 
subsection. 
‘‘(c) DATA QUALITY.—The Secretary shall prescribe 
regulations requiring practices and procedures to ensure 
the reliability, validity, integrity, and accuracy of the data 
submitted pursuant to this section. 
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‘‘(d) REPORT OF THE SECRETARY ON THE QUALITY 
OF TEACHER PREPARATION.— 
‘‘(1) REPORT CARD.—The Secretary shall pro-
vide to Congress, and publish and make widely avail-
able, a report card on teacher qualifications and 
preparation in the United States, including all the 
information reported in subparagraphs (A) through 
(L) of subsection (b)(1). Such report shall identify 
States for which eligible partnerships received a 
grant under this part. Such report shall be so pro-
vided, published, and made available annually. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall prepare and submit a report to Congress that 
contains the following: 
‘‘(A) A comparison of States’ efforts to im-
prove the quality of the current and future 
teaching force. 
‘‘(B) A comparison of eligible partnerships’ 
efforts to improve the quality of the current 
and future teaching force. 
‘‘(C) The national mean and median scaled 
scores and pass rate on any standardized test 
that is used in more than 1 State for teacher 
certification or licensure. 
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‘‘(3) SPECIAL RULE.—In the case of a teacher 
preparation program with fewer than 10 scores re-
ported on any single initial teacher certification or li-
censure assessment during an academic year, the 
Secretary shall collect and publish information, and 
make publicly available, with respect to an average 
pass rate and scaled score on each State certification 
or licensure assessment taken over a 3-year period. 
‘‘(e) COORDINATION.—The Secretary, to the extent 
practicable, shall coordinate the information collected and 
published under this part among States for individuals 
who took State teacher certification or licensure assess-
ments in a State other than the State in which the indi-
vidual received the individual’s most recent degree. 
‘‘SEC. 206. TEACHER DEVELOPMENT. 
‘‘(a) ANNUAL GOALS.—Each institution of higher 
education that conducts a traditional teacher preparation 
program (including programs that offer any ongoing pro-
fessional development programs) or alternative routes to 
State certification or licensure program, and that enrolls 
students receiving Federal assistance under this Act, shall 
set annual quantifiable goals for— 
‘‘(1) increasing the number of prospective 
teachers trained in teacher shortage areas des-
ignated by the State educational agency, including 
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mathematics, science, special education, and instruc-
tion of limited English proficient students; and 
‘‘(2) more closely linking the training provided 
by the institution with the needs of schools and the 
instructional decisions new teachers face in the 
classroom. 
‘‘(b) ASSURANCE.—Each institution described in sub-
section (a) shall provide an assurance to the Secretary 
that— 
‘‘(1) training provided to prospective teachers 
responds to the identified needs of the local edu-
cational agencies or States where the institution’s 
graduates are likely to teach, based on past hiring 
and recruitment trends; 
‘‘(2) prospective special education teachers re-
ceive course work in core academic subjects and re-
ceive training in providing instruction in core aca-
demic subjects; 
‘‘(3) general education teachers receive training 
in providing instruction to diverse populations, in-
cluding children with disabilities, limited English 
proficient students, and children from low-income 
families; and 
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‘‘(4) prospective teachers receive training on 
how to effectively teach in urban and rural schools, 
as applicable. 
‘‘(c) PUBLIC REPORTING.—As part of the annual re-
port card required under section 205(a)(1), an institution 
of higher education described in subsection (a) shall pub-
licly report whether the goals established under such sub-
section have been met. 
‘‘SEC. 207. STATE FUNCTIONS. 
‘‘(a) STATE ASSESSMENT.—In order to receive funds 
under this Act, a State shall have in place a procedure 
to conduct an assessment to identify and assist, through 
the provision of technical assistance, low-performing pro-
grams of teacher preparation. Such State shall provide the 
Secretary an annual list of such low-performing teacher 
preparation programs that includes an identification of 
those programs at risk of being placed on such list. Such 
assessment shall be described in the report under section 
205(b). Levels of performance shall be determined solely 
by the State and may include criteria based on informa-
tion collected pursuant to this part including progress in 
meeting the goals of— 
‘‘(1) increasing the percentage of highly quali-
fied teachers in the State, including increasing pro-
fessional development opportunities; 
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‘‘(2) improving student achievement for all stu-
dents; and 
‘‘(3) raising the standards for entry into the 
teaching profession. 
‘‘(b) TERMINATION OF ELIGIBILITY.—Any program 
of teacher preparation from which the State has with-
drawn the State’s approval, or terminated the State’s fi-
nancial support, due to the low performance of the pro-
gram based upon the State assessment described in sub-
section (a)— 
‘‘(1) shall be ineligible for any funding for pro-
fessional development activities awarded by the De-
partment; 
‘‘(2) shall not be permitted to accept or enroll 
any student that receives aid under title IV in the 
institution’s teacher preparation program; and 
‘‘(3) shall provide transitional support, includ-
ing remedial services if necessary, for students en-
rolled at the institution at the time of termination 
of financial support or withdrawal of approval. 
‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary 
develops any regulations implementing subsection (b)(2), 
the Secretary shall submit such proposed regulations to 
a negotiated rulemaking process, which shall include rep-
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resentatives of States, institutions of higher education, 
and educational and student organizations. 
‘‘(d) APPLICATION OF THE REQUIREMENTS.—The 
requirements of this section shall apply to both traditional 
teacher preparation programs and alternative routes to 
State certification and licensure programs. 
‘‘SEC. 208. GENERAL PROVISIONS. 
‘‘(a) METHODS.—In complying with sections 205 and 
207, the Secretary shall ensure that States and institu-
tions of higher education use fair and equitable methods 
in reporting and that the reporting methods do not allow 
identification of individuals. 
‘‘(b) SPECIAL RULE.—For each State that does not 
use content assessments as a means of ensuring that all 
teachers teaching in core academic subjects within the 
State are highly qualified, as required under section 1119 
of the Elementary and Secondary Education Act of 1965 
and in accordance with the State plan submitted or revised 
under section 1111 of such Act, or that each person em-
ployed as a special education teacher in the State who 
teaches elementary school, middle school, or secondary 
school is highly qualified by the deadline, as required 
under section 612(a)(14)(C) of the Individuals with Dis-
abilities Education Act— 
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‘‘(1) the Secretary shall, to the extent prac-
ticable, collect data comparable to the data required 
under this part from States, local educational agen-
cies, institutions of higher education, or other enti-
ties that administer such assessments to teachers or 
prospective teachers; and 
‘‘(2) notwithstanding any other provision of this 
part, the Secretary shall use such data to carry out 
requirements of this part related to assessments, 
pass rates, and scaled scores. 
‘‘(c) RELEASE OF INFORMATION TO TEACHER PREP-
ARATION PROGRAMS.— 
‘‘(1) IN GENERAL.—For the purpose of improv-
ing teacher preparation programs, a State edu-
cational agency that receives funds under this Act, 
or that participates as a member of a partnership, 
consortium, or other entity that receives such funds, 
shall provide to a teacher preparation program, upon 
the request of the teacher preparation program, any 
and all pertinent education-related information 
that— 
‘‘(A) may enable the teacher preparation 
program to evaluate the effectiveness of the 
program’s graduates or the program itself; and 
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‘‘(B) is possessed, controlled, or accessible 
by the State educational agency. 
‘‘(2) CONTENT OF INFORMATION.—The infor-
mation described in paragraph (1)— 
‘‘(A) shall include an identification of spe-
cific individuals who graduated from the teach-
er preparation program to enable the teacher 
preparation program to evaluate the informa-
tion provided to the program from the State 
educational agency with the program’s own 
data about the specific courses taken by, and 
field experiences of, the individual graduates; 
and 
‘‘(B) may include— 
‘‘(i) kindergarten through grade 12 
academic achievement and demographic 
data, without revealing personally identifi-
able information about an individual stu-
dent, for students who have been taught by 
graduates of the teacher preparation pro-
gram; and 
‘‘(ii) teacher effectiveness evaluations 
for teachers who graduated from the teach-
er preparation program. 
‘‘(d) LIMITATIONS.— 
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‘‘(1) FEDERAL CONTROL PROHIBITED.—Noth-
ing in this part shall be construed to permit, allow, 
encourage, or authorize any Federal control over any 
aspect of any private, religious, or home school 
(whether or not a home school is treated as a private 
school or home school under State law). This section 
shall not be construed to prohibit private, religious, 
or home schools from participation in programs or 
services under this part. 
‘‘(2) NO CHANGE IN STATE CONTROL ENCOUR-
AGED OR REQUIRED.—Nothing in this part shall be 
construed to encourage or require any change in a 
State’s treatment of any private, religious, or home 
school (whether or not a home school is treated as 
a private school or home school under State law). 
‘‘(3) NATIONAL SYSTEM OF TEACHER CERTIFI-
CATION PROHIBITED.—Nothing in this part shall be 
construed to permit, allow, encourage, or authorize 
the Secretary to establish or support any national 
system of teacher certification. 
‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this part $300,000,000 for fiscal year 2009 and such sums 
as may be necessary for each of the 2 succeeding fiscal 
years. 
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‘‘PART B—PREPARING TEACHERS FOR DIGITAL 
AGE LEARNERS 
‘‘SEC. 221. PROGRAM AUTHORIZED. 
‘‘(a) PROGRAM AUTHORITY.—The Secretary is au-
thorized to award grants to, or enter into contracts or co-
operative agreements with, eligible consortia to pay the 
Federal share of the costs of projects to— 
‘‘(1) graduate teacher candidates who are pre-
pared to use modern information, communication, 
and learning tools to— 
‘‘(A) improve student learning, assessment, 
and learning management; and 
‘‘(B) help students develop learning skills 
to succeed in higher education and to enter the 
workforce; 
‘‘(2) strengthen and develop partnerships 
among the stakeholders in teacher preparation to 
transform teacher education and ensure technology 
rich learning environments throughout a teacher 
candidate’s pre-service education, including clinical 
experiences; and 
‘‘(3) assess the effectiveness of departments, 
schools, and colleges of education at institutions of 
higher education in preparing teacher candidates for 
successful implementation of technology-rich teach-
ing-learning environments, including environments 
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consistent with the principles of universal design for 
learning, that enable kindergarten through grade 12 
students to develop learning skills to succeed in 
higher education and to enter the workforce. 
‘‘(b) AMOUNT AND DURATION.—A grant, contract, or 
cooperative agreement under this part— 
‘‘(1) shall be for not more than $2,000,000; 
‘‘(2) shall be for a 3-year period; and 
‘‘(3) may be renewed for one additional year. 
‘‘(c) NON-FEDERAL SHARE REQUIREMENT.—The 
Federal share of the cost of any project funded under this 
part shall not exceed 75 percent. The non-Federal share 
of the cost of such project may be provided in cash or 
in kind, fairly evaluated, including services. 
‘‘(d) DEFINITION OF ELIGIBLE CONSORTIUM.—In 
this part, the term ‘eligible consortium’ means a consor-
tium of members that includes the following: 
‘‘(1) At least one institution of higher education 
that awards baccalaureate or masters degrees and 
prepares teachers for initial entry into teaching. 
‘‘(2) At least one State educational agency or 
local educational agency. 
‘‘(3) A department, school, or college of edu-
cation at an institution of higher education. 
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‘‘(4) A department, school, or college of arts 
and sciences at an institution of higher education. 
‘‘(5) At least one entity with the capacity to 
contribute to the technology-related reform of teach-
er preparation programs, which may be a profes-
sional association, foundation, museum, library, for- 
profit business, public or private nonprofit organiza-
tion, community-based organization, or other entity. 
‘‘SEC. 222. USES OF FUNDS. 
‘‘(a) IN GENERAL.—An eligible consortium that re-
ceives a grant or enters into a contract or cooperative 
agreement under this part shall use funds made available 
under this part to carry out a project that— 
‘‘(1) develops long-term partnerships among 
members of the consortium that are focused on ef-
fective teaching with modern digital tools and con-
tent that substantially connect pre-service prepara-
tion of teacher candidates with high-needs schools; 
or 
‘‘(2) transforms the way departments, schools, 
and colleges of education teach classroom technology 
integration, including the principles of universal de-
sign, to teacher candidates. 
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‘‘(b) USES OF FUNDS FOR PARTNERSHIP GRANTS.— 
In carrying out a project under subsection (a)(1), an eligi-
ble consortium shall— 
‘‘(1) provide teacher candidates, early in their 
preparation, with field experiences in educational 
settings with technology; 
‘‘(2) build the skills of teacher candidates to 
support technology-rich instruction, assessment and 
learning management in content areas, technology 
literacy, an understanding of the principles of uni-
versal design, and the development of other skills for 
entering the workforce; 
‘‘(3) provide professional development in the 
use of technology for teachers, administrators, and 
content specialists who participate in field place-
ment; 
‘‘(4) provide professional development of tech-
nology pedagogical skills for faculty of departments, 
schools, and colleges of education and arts and 
sciences; 
‘‘(5) implement strategies for the mentoring of 
teacher candidates with respect to technology imple-
mentation by members of the consortium; 
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‘‘(6) evaluate teacher candidates during the 
first years of teaching to fully assess outcomes of 
the project; 
‘‘(7) build collaborative learning communities 
for technology integration within the consortium to 
sustain meaningful applications of technology in the 
classroom during teacher preparation and early ca-
reer practice; and 
‘‘(8) evaluate the effectiveness of the project. 
‘‘(c) USES
OF
FUNDS
FOR
TRANSFORMATION 
GRANTS.—In carrying out a project under subsection 
(a)(2), an eligible consortium shall— 
‘‘(1) redesign curriculum to require collabora-
tion between the department, school, or college of 
education faculty and the department, school, or col-
lege of arts and sciences faculty who teach content 
or methods courses for training teacher candidates; 
‘‘(2) 
collaborate 
between 
the 
department, 
school, or college of education faculty and the de-
partment, school, or college of arts and science fac-
ulty and academic content specialists at the local 
educational agency to educate pre-service teachers 
who can integrate technology and pedagogical skills 
in content areas; 
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‘‘(3) 
collaborate 
between 
the 
department, 
school, or college of education faculty and the de-
partment, school, or college of arts and sciences fac-
ulty who teach courses to pre-service teachers to— 
‘‘(A) develop and implement a plan for 
pre-service teachers and continuing educators 
that demonstrates effective instructional strate-
gies and application of such strategies in the 
use of digital tools to transform the teaching 
and learning process; and 
‘‘(B) better reach underrepresented pre- 
service teacher populations with programs that 
connect such pre-service teacher populations 
with applications of technology; 
‘‘(4) collaborate among faculty and students to 
create and disseminate case studies of technology 
applications in classroom settings with a goal of im-
proving student achievement in high-need schools; 
‘‘(5) provide additional technology resources for 
pre-service teachers to plan and implement tech-
nology applications in classroom settings that pro-
vide evidence of student learning; and 
‘‘(6) bring together expertise from departments, 
schools, or colleges of education, arts and science 
faculty, and academic content specialists at the local 
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educational agency to share and disseminate tech-
nology applications in the classroom through teacher 
preparation and into early career practice. 
‘‘SEC. 223. APPLICATION REQUIREMENTS. 
‘‘To be eligible to receive a grant or enter into a con-
tract or cooperative agreement under this part, an eligible 
consortium shall submit an application to the Secretary 
at such time, in such manner, and containing such infor-
mation as the Secretary may require. Such application 
shall include the following: 
‘‘(1) A description of the project to be carried 
out with the grant, including how the project will— 
‘‘(A) develop a long-term partnership fo-
cused on effective teaching with modern digital 
tools and content that substantially connects 
pre-service preparation of teacher candidates 
with high-need schools; or 
‘‘(B) transform the way departments, 
schools, and colleges of education teach class-
room technology integration, including the prin-
ciples of universal design, to teacher candidates. 
‘‘(2) A demonstration of— 
‘‘(A) the commitment, including the finan-
cial commitment, of each of the members of the 
consortium for the proposed project; and 
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‘‘(B) the support of the leadership of each 
organization that is a member of the consor-
tium for the proposed project. 
‘‘(3) A description of how each member of the 
consortium will participate in the project. 
‘‘(4) A description of how the State or local 
educational agency will incorporate the project into 
the agency’s technology plan, if such a plan already 
exists. 
‘‘(5) A description of how the project will be 
continued after Federal funds are no longer avail-
able under this part for the project. 
‘‘(6) A description of how the project— 
‘‘(A) will incorporate State teacher tech-
nology standards; and 
‘‘(B) will incorporate State student tech-
nology standards. 
‘‘(7) A plan for the evaluation of the project, 
which shall include benchmarks to monitor progress 
toward specific project objectives. 
‘‘SEC. 224. EVALUATION. 
‘‘Not less than 10 percent of the funds awarded to 
an eligible consortium to carry out a project under this 
part shall be used to evaluate the effectiveness of such 
project. 
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‘‘SEC. 225. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There 
is 
authorized 
to 
be 
appropriated 
$100,000,000 to carry out this part for fiscal year 2009 
and such sums as may be necessary for each of the 2 suc-
ceeding fiscal years. 
‘‘PART C—ENHANCING TEACHER EDUCATION 
‘‘SEC. 240. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this part such sums as may be necessary for fiscal year 
2009 and each of the 4 succeeding fiscal years. 
‘‘Subpart 1—Recruiting Teachers With Math, Science, 
or Language Majors 
‘‘SEC. 241. PROGRAM AUTHORIZED. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts ap-
propriated under section 240, the Secretary shall make 
competitive grants to institutions of higher education to 
improve the availability, recruitment, and retention of 
teachers from among students majoring in mathematics, 
science, foreign languages, special education, or teaching 
the English language to students who are limited English 
proficient, or to a combination of students majoring in 
such subjects. In making such grants, the Secretary shall 
give priority to institutions of higher education with pro-
grams that— 
‘‘(1) focus on preparing and retaining teachers 
in subjects in which there is a shortage of highly 
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qualified teachers and that prepare students to teach 
in high-need schools; and 
‘‘(2) include plans to seek matching funds from 
other governmental and non-governmental sources. 
‘‘(b) APPLICATION.—Any institution of higher edu-
cation desiring to receive a grant under this subpart shall 
submit to the Secretary an application at such time, in 
such form, and containing such information and assur-
ances as the Secretary may require, including— 
‘‘(1) the number of students who graduated 
from the institution in the preceding year with the 
qualifications necessary to be teachers with expertise 
in mathematics, science, a foreign language, special 
education, or teaching limited English proficient in-
dividuals; and 
‘‘(2) a goal and timeline for increasing the 
number of such teachers who graduate from the in-
stitution. 
‘‘(c) USE OF FUNDS.—Grant funds made available 
under this subpart— 
‘‘(1) shall be used to create and provide new re-
cruitment incentives to encourage students who are 
planning to pursue other careers to pursue careers 
in teaching, with an emphasis on recruiting students 
who are majoring in high-need subjects such as 
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mathematics, science, foreign languages, and special 
education, and areas relevant to teaching the 
English language to students who are limited 
English proficient; 
‘‘(2) may be used to upgrade curriculum to pro-
vide all students studying to become teachers with 
high-quality instructional strategies for teaching 
reading and teaching the English language to stu-
dents who are limited English proficient, and for 
adopting, modifying, and differentiating instruction 
to teach students with disabilities; 
‘‘(3) may be used to integrate department, 
school, or college of education faculty with other arts 
and science faculty in mathematics, science, foreign 
languages, special education, and teaching the 
English language to students who are limited 
English proficient through steps such as— 
‘‘(A) dual appointments for faculty be-
tween departments, schools, or colleges of edu-
cation and departments, schools, or colleges of 
arts and science; and 
‘‘(B) integrating course work with clinical 
experience; 
‘‘(4) may be used to develop strategic plans be-
tween departments, schools, or colleges of education 
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and local school districts to better prepare teachers 
for high-need schools, including the creation of pro-
fessional development partnerships for training new 
teachers in state-of-the-art teaching practices; 
‘‘(5) may be used to develop or enhance pro-
grams aimed at retaining teachers in high-need sub-
jects such as mathematics, science, foreign lan-
guages, special education, and teaching the English 
language to students who are limited English pro-
ficient, and may include providing scholarship assist-
ance to current teachers to upgrade their skills; 
‘‘(6) may be used to develop and apply virtual 
classroom simulation and related technologies to en-
hance recruitment, preparation, and retention for 
high-need schools in the areas of mathematics, 
science, foreign languages, special education, or 
teaching the English language to students who are 
limited English proficient; and 
‘‘(7) may be used to develop innovative teacher 
preparation programs that emphasize the essential 
components of reading instruction and other strate-
gies based on scientifically valid research and that 
address early intervention strategies for students 
with reading difficulty or language processing dif-
ferences. 
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‘‘Subpart 2—Community Colleges as Partners in 
Teacher Education Grants 
‘‘SEC. 251. GRANTS TO COMMUNITY COLLEGES. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants, on a competitive basis, to eligible 
entities to assist such entities with— 
‘‘(1) establishing or enhancing teacher edu-
cation programs at community colleges that— 
‘‘(A) include content and pedagogical 
training; and 
‘‘(B) are aligned with 4-year college and 
university teacher education programs to ensure 
a seemless transition for students from commu-
nity colleges to 4-year institutions; 
‘‘(2) establishing or enhancing post bacca-
laureate certification programs offered at community 
colleges; 
‘‘(3) developing and delivering a rigorous pro-
gram of study for students interested in a career in 
teaching; and 
‘‘(4) developing and delivering professional de-
velopment for teachers to ensure their continued 
education and professional growth. 
‘‘(b) AUTHORIZED USES OF FUNDS.—Grant funds 
provided under this subpart shall be used to carry out the 
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activities described in subsection (a), and may be used 
to— 
‘‘(1) develop curriculum for teacher education 
programs and post baccalaureate certification pro-
grams at community colleges; 
‘‘(2) establish or enhance clinical experiences 
for students in such teacher education programs and 
post baccalaureate certification programs; 
‘‘(3) establish or enhance professional develop-
ment programs at community colleges that are avail-
able for teachers; 
‘‘(4) develop new associate degree programs fo-
cused on teacher preparation; 
‘‘(5) increase the alignment between community 
college teacher education programs and 4-year col-
lege and university teacher education programs, in-
cluding articulation agreements, common course 
numbering, and joint admission programs; 
‘‘(6) recruit teacher candidates with the goal of 
diversifying the teacher workforce; 
‘‘(7) prepare teachers for high-demand subject 
areas including science, mathematics, technology, 
special education, critical foreign languages, or the 
education of limited English proficient individuals; 
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‘‘(8) prepare teachers to teach in high-need 
schools; 
‘‘(9) increase coordination between teacher edu-
cation programs and departments, schools, or col-
leges of arts and sciences; 
‘‘(10) encourage teacher education and post 
baccalaureate programs at times and in formats de-
signed to make these programs more accessible to 
certain student populations, including mid-career 
professionals transitioning to teaching; 
‘‘(11) carry out other activities that aim to en-
sure that well-qualified individuals enter into the 
teaching profession; 
‘‘(12) develop associate’s degree programs with 
an emphasis on the essential components of reading 
instruction to train educators such as pre-service 
teachers, paraprofessionals, speech-language pathol-
ogy assistants, and tutors to teach students with 
reading difficulties and students who learn to read 
differently than their peers; and 
‘‘(13) develop licensure programs for early 
childhood educators that emphasize the essential 
components of reading instruction and other strate-
gies based on scientifically valid research, and that 
address strategies for early screening and early 
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intervention for students with reading difficulty and 
who learn to read differently than their peers. 
‘‘(c) ELIGIBLE ENTITY.—For purposes of this sub-
part, the term ‘eligible entity’ means an individual commu-
nity college (or district of community colleges), a consortia 
of community colleges, or a statewide community college 
system that, for the purposes of carrying out activities 
under this subpart, has entered into a partnership with— 
‘‘(1) a four-year institution of higher education 
with a teacher education program, or a consortia of 
such institutions; and 
‘‘(2) at least one of the following: 
‘‘(A) The State agency that oversees teach-
er preparation or higher education in the State. 
‘‘(B) One or more local educational agen-
cies. 
‘‘(C) The State educational agency. 
‘‘(D) A professional organization rep-
resenting teachers. 
‘‘(d) APPLICATION.—Each eligible entity desiring a 
grant under this subpart shall submit an application to 
the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
Such application shall include— 
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‘‘(1) an overview of the goals the eligible entity 
and its partners plan to pursue upon receipt of a 
grant under this subpart; 
‘‘(2) an identification of the institutions, agen-
cies, or organizations that have entered into a part-
nership with the eligible entity to meet the require-
ments of subsection (c); 
‘‘(3) a description of how the eligible entity and 
its partners will work to ensure a seemless transition 
for students from community college to 4-year insti-
tutions; 
‘‘(4) an assurance by the eligible entity that 
students will be provided with intensive support 
services, which may include mentoring, academic 
and career support, and support for students who 
are transitioning, or have transitioned, from the 
community college to the 4-year institution; and 
‘‘(5) a description of the rigorous 2-year pro-
gram of study to be provided by the eligible entity, 
and a description of how such program establishes 
a foundation for students to enter into a qualified 
teacher preparation program at a 4-year institution. 
‘‘(e) PRIORITY.—In awarding grants under this sub-
part, the Secretary shall give priority to applications the 
goals of which are to— 
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‘‘(1) increase the diversification of the teacher 
workforce by enrolling and retaining students from 
minority racial and ethnic backgrounds and others 
underrepresented in the local education workforce; 
‘‘(2) prepare teachers for high-demand subject 
areas including science, mathematics, technology, 
special education, critical foreign languages, or the 
education of limited English proficient individuals; 
or 
‘‘(3) prepare teachers to enter into high-need 
schools. 
‘‘SEC. 252. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) COMMUNITY COLLEGE.—The term ‘com-
munity college’ means a publicly funded institution 
of higher education (as defined in section 101) at 
which the highest degree awarded is predominantly 
the associates degree. 
‘‘(2) FOUR-YEAR INSTITUTION.—The term ‘4- 
year institution’ means an institution of higher edu-
cation (as defined in section 101(a)) that provides a 
4-year program of instruction for which the institu-
tion awards a bachelor’s degree. 
‘‘(3) QUALIFIED TEACHER PREPARATION PRO-
GRAM.—The term ‘qualified teacher preparation pro-
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gram’ means an undergraduate program for stu-
dents at an institution of higher education that— 
‘‘(A) encourages collaboration between fac-
ulty in education and faculty in the relevant 
subject areas including, sciences mathematics, 
and foreign languages to pursue content coordi-
nation for courses taken frequently by students 
preparing to be teachers; 
‘‘(B) offers support services, including 
mentoring, exposure to and field experience in 
the classroom prior to graduation, or other 
practices, for students while they are in the 
program, and after graduation while working as 
teachers; and 
‘‘(C) focuses on increasing the number of 
teachers for high-demand subject areas. 
‘‘Subpart 3—Honorable Augustus F. Hawkins Centers 
of Excellence 
‘‘SEC. 261. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi-
ble institution’ means— 
‘‘(A) an institution of higher education 
that has a teacher preparation program that is 
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a qualified teacher preparation program under 
section 252, and that is— 
‘‘(i) a part B institution (as defined in 
section 322); 
‘‘(ii) a Hispanic-serving institution (as 
defined in section 502); 
‘‘(iii) a Tribal College or University 
(as defined in section 316); 
‘‘(iv) an Alaska Native-serving institu-
tion (as defined in section 317(b)); 
‘‘(v) a Native Hawaiian-serving insti-
tution (as defined in section 317(b)); 
‘‘(vi) a Predominantly Black Institu-
tion (as defined in section 318(b)); 
‘‘(vii) an Asian American and Pacific 
Islander-serving institution (as defined in 
section 319(b)); or 
‘‘(viii) a Native American-serving non- 
tribal institution (as defined in section 
320(b)); 
‘‘(B) a consortium of institutions described 
in subparagraph (A); or 
‘‘(C) an institution described in subpara-
graph (A), or a consortium described in sub-
paragraph (B), in partnership with any other 
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institution of higher education, but only if the 
center of excellence established under section 
262 is located at an institution described in 
subparagraph (A). 
‘‘(2) SCIENTIFICALLY
BASED
READING
RE-
SEARCH.—The term ‘scientifically based reading re-
search’ has the meaning given such term in section 
1208 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6368). 
‘‘SEC. 262. AUGUSTUS F. HAWKINS CENTERS OF EXCEL-
LENCE. 
‘‘(a) PROGRAM AUTHORIZED.—From the amounts 
appropriated to carry out this part, the Secretary is au-
thorized to award competitive grants to eligible institu-
tions to establish centers of excellence. 
‘‘(b) USE OF FUNDS.—Grants provided by the Sec-
retary under this subpart shall be used to ensure that cur-
rent and future teachers are highly qualified, by carrying 
out one or more of the following activities: 
‘‘(1) Implementing reforms within teacher prep-
aration programs to ensure that such programs are 
preparing teachers who are highly qualified, are able 
to understand scientifically valid research, and are 
able to use advanced technology effectively in the 
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classroom, including use for instructional techniques 
to improve student academic achievement, by— 
‘‘(A) retraining or recruiting faculty; and 
‘‘(B) designing (or redesigning) teacher 
preparation programs that— 
‘‘(i) prepare teachers to serve in low- 
performing schools and close student 
achievement gaps, and are based on rig-
orous academic content, scientifically valid 
research (including scientifically based 
reading research), and challenging State 
student academic content standards; and 
‘‘(ii) promote strong teaching skills, 
as defined in section 200(b). 
‘‘(2) Providing sustained and high-quality pre- 
service clinical experience, including the mentoring 
of prospective teachers by exemplary teachers, sub-
stantially increasing interaction between faculty at 
institutions of higher education and new and experi-
enced teachers, principals, and other administrators 
at elementary schools or secondary schools, and pro-
viding support, including preparation time, for such 
interaction. 
‘‘(3) Developing and implementing initiatives to 
promote retention of highly qualified teachers and 
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principals, including minority teachers and prin-
cipals, including programs that provide— 
‘‘(A) teacher or principal mentoring from 
exemplary teachers or principals; or 
‘‘(B) induction and support for teachers 
and principals during their first 3 years of em-
ployment as teachers or principals, respectively. 
‘‘(4) Awarding scholarships based on financial 
need to help students pay the costs of tuition, room, 
board, and other expenses of completing a teacher 
preparation program. 
‘‘(5) Disseminating information on effective 
practices for teacher preparation and successful 
teacher certification and licensure assessment prepa-
ration strategies. 
‘‘(6) Activities authorized under section 202. 
‘‘(c) APPLICATION.—Any eligible institution desiring 
a grant under this subpart shall submit an application to 
the Secretary at such a time, in such a manner, and ac-
companied by such information as the Secretary may re-
quire. 
‘‘(d) MINIMUM GRANT AMOUNT.—The minimum 
amount of each grant under this subpart shall be 
$500,000. 
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‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.— 
An eligible institution that receives a grant under this sub-
part may not use more than 2 percent of the grant funds 
for purposes of administering the grant. 
‘‘(f) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
subpart. 
‘‘Subpart 4—Teach for America 
‘‘SEC. 271. TEACH FOR AMERICA. 
‘‘(a) DEFINITIONS.— 
‘‘(1) GRANTEE.—The term ‘grantee’ means 
Teach For America, Inc. 
‘‘(2) HIGH
NEED.—Notwithstanding section 
200(b), the term ‘high need’, when used with respect 
to a local educational agency, means a local edu-
cational agency experiencing a shortage of highly 
qualified teachers. 
‘‘(b) GRANTS AUTHORIZED.—The Secretary is au-
thorized to award a grant to Teach For America, Inc., 
the national teacher corps of outstanding recent college 
graduates who commit to teach for 2 years in underserved 
communities in the United States, to implement and ex-
pand its program of recruiting, selecting, training, and 
supporting new teachers. 
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‘‘(c) REQUIREMENTS.—In carrying out the grant pro-
gram under subsection (b), the Secretary shall enter into 
an agreement with the grantee under which the grantee 
agrees to use the grant funds provided under this subpart 
to— 
‘‘(1) provide highly qualified teachers to high 
need local educational agencies in urban and rural 
communities; 
‘‘(2) pay the costs of recruiting, selecting, train-
ing, and supporting new teachers; and 
‘‘(3) serve a substantial number and percentage 
of underserved students. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN
GENERAL.—Grant funds provided 
under this subpart shall be used by the grantee to 
carry out each of the following activities: 
‘‘(A) Recruiting and selecting teachers 
through a highly selective national process. 
‘‘(B) Providing pre-service training to such 
teachers through a rigorous summer institute 
that includes hands-on teaching experience and 
significant exposure to education course work 
and theory. 
‘‘(C) Placing such teachers in schools and 
positions designated by high need local edu-
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cational agencies as high need placements serv-
ing underserved students. 
‘‘(D) Providing ongoing professional devel-
opment activities for such teachers’ first 2 years 
in the classroom, including regular classroom 
observations and feedback, and ongoing train-
ing and support. 
‘‘(2) LIMITATION.—The grantee shall use all 
grant funds received under this subpart to support 
activities related directly to the recruitment, selec-
tion, training, and support of teachers as described 
in paragraph (1). 
‘‘(e) REPORTS AND EVALUATIONS.— 
‘‘(1) ANNUAL REPORT.—The grantee shall pro-
vide to the Secretary an annual report that in-
cludes— 
‘‘(A) data on the number and quality of 
the teachers provided to local educational agen-
cies through a grant under this subpart; 
‘‘(B) an externally conducted analysis of 
the satisfaction of local educational agencies 
and principals with the teachers so provided; 
and 
‘‘(C) comprehensive data on the back-
ground of the teachers chosen, the training 
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such teachers received, the placement sites of 
such teachers, the professional development of 
such teachers, and the retention of such teach-
ers. 
‘‘(2) STUDY.— 
‘‘(A) IN
GENERAL.—From funds appro-
priated under section 240, the Secretary shall 
provide for a study that examines the achieve-
ment levels of the students taught by the teach-
ers assisted under this subpart. 
‘‘(B) STUDENT
LEARNING
GAINS
COM-
PARED.—The study shall compare, within the 
same schools, the student learning gains made 
by students taught by teachers who are assisted 
under this subpart with the student learning 
gains made by students taught by teachers who 
are not assisted under this subpart. 
‘‘(3) REQUIREMENTS.—The Secretary shall 
provide for such a study not less than once every 3 
years, and each such study shall include multiple 
placement sites and multiple schools within place-
ment sites. 
‘‘(4) PEER
REVIEW
STANDARDS.—Each such 
study shall meet the peer review standards of the 
education research community. Further, the peer re-
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view standards shall ensure that reviewers have ex-
pertise in assessment systems, accountability, and 
instruction. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of the 
sums authorized to be appropriated by section 240, the 
amount authorized to be appropriated to carry out this 
section shall not exceed— 
‘‘(1) $20,000,000 for fiscal year 2009; 
‘‘(2) $25,000,000 for fiscal year 2010; and 
‘‘(3) such sums as may be necessary for each 
of the 3 succeeding fiscal years. 
‘‘Subpart 5—Early Childhood Education Professional 
Development and Career Task Force 
‘‘SEC. 281. PURPOSE. 
‘‘It is the purpose of this subpart— 
‘‘(1) to improve the quality of the early child-
hood education workforce by creating a statewide 
early childhood education professional development 
and career task force for early childhood education 
program staff, directors, and administrators; and 
‘‘(2) to create— 
‘‘(A) a coherent system of core com-
petencies, pathways to qualifications, creden-
tials, degrees, quality assurances, access, and 
outreach, for early childhood education program 
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staff, directors, and administrators, that is 
linked to compensation commensurate with ex-
perience and qualifications; 
‘‘(B) articulation agreements that enable 
early childhood education professionals to tran-
sition easily among degrees; and 
‘‘(C) compensation initiatives for individ-
uals working in an early childhood education 
program that reflect the individuals’ credentials, 
degrees, and experience. 
‘‘SEC. 282. DEFINITION OF EARLY CHILDHOOD EDUCATION 
PROGRAM. 
‘‘In this subpart, the term ‘early childhood education 
program’ means— 
‘‘(1) a family child care program, center-based 
child care program, State prekindergarten program, 
or school-based program, that— 
‘‘(A) provides early childhood development 
and education; 
‘‘(B) is licensed or regulated by the State; 
and 
‘‘(C) serves children from birth to school 
entry; 
‘‘(2) a Head Start Program carried out under 
the Head Start Act; 
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‘‘(3) an Early Head Start Program carried out 
under section 645A of the Head Start Act; or 
‘‘(4) a program authorized under section 619 or 
part C of the Individuals with Disabilities Education 
Act. 
‘‘SEC. 283. GRANTS AUTHORIZED. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
award grants to States in accordance with the provisions 
of this subpart to enable such States— 
‘‘(1) to establish a State Task Force described 
in section 284; and 
‘‘(2) to support activities of the State Task 
Force described in section 285. 
‘‘(b) COMPETITIVE BASIS.—Grants under this sub-
part shall be awarded on a competitive basis. 
‘‘(c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In 
awarding grants under this subpart, the Secretary shall 
take into consideration providing an equitable geographic 
distribution of such grants. 
‘‘(d) DURATION.—Grants under this subpart shall be 
awarded for a period of 3 years. 
‘‘SEC. 284. STATE TASK FORCE ESTABLISHMENT. 
‘‘(a) STATE TASK FORCE ESTABLISHED.—The Gov-
ernor of a State receiving a grant under this subpart shall 
establish, or designate an existing entity to serve as, the 
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State Early Childhood Education Professional Develop-
ment and Career Task Force (hereafter in this subpart 
referred to as the ‘State Task Force’). 
‘‘(b) MEMBERSHIP.—The State Task Force shall in-
clude a representative of a State educational agency, an 
institution of higher education (including an associate or 
a baccalaureate degree granting institution of higher edu-
cation), an early childhood education program, a nonprofit 
early childhood organization, a statewide early childhood 
workforce scholarship or supplemental initiative, the State 
Head Start collaboration director, and any other entity or 
individual the Governor determines appropriate. 
‘‘SEC. 285. STATE TASK FORCE ACTIVITIES. 
‘‘(a) ACTIVITIES.—The State Task Force shall— 
‘‘(1) coordinate and communicate regularly with 
existing State Advisory Councils on Early Care and 
Education or a similar State entity charged with 
creating a comprehensive system of early care and 
education in the State (hereafter in this subpart re-
ferred to as ‘State Advisory Councils’) for the pur-
poses of— 
‘‘(A) 
integrating 
recommendations 
for 
early childhood professional development and 
career activities into the plans of the State Ad-
visory Council; and 
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‘‘(B) assisting in the implementation of 
professional development and career activities 
that are consistent with the plans described in 
subparagraph (A); 
‘‘(2) conduct a review of opportunities for and 
barriers to high quality professional development, 
training, and higher education degree programs in 
early childhood development and learning, including 
a periodic statewide survey concerning the demo-
graphics of individuals working in early childhood 
education programs in the State, which survey shall 
include information disaggregated by— 
‘‘(A) race, gender, and ethnicity; 
‘‘(B) compensation levels; 
‘‘(C) type of early childhood education pro-
gram setting; 
‘‘(D) specialized knowledge of child devel-
opment; 
‘‘(E) years of experience in an early child-
hood education program; 
‘‘(F) attainment of— 
‘‘(i) academic credit for course work; 
‘‘(ii) an academic degree; 
‘‘(iii) a credential; 
‘‘(iv) licensure; or 
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‘‘(v) certification in early childhood 
education; and 
‘‘(G) specialized knowledge in the edu-
cation of children with limited English pro-
ficiency; and 
‘‘(3) develop a plan for a comprehensive state-
wide professional development and career system for 
individuals working in early childhood education pro-
grams or for early childhood education providers, 
which plan shall include— 
‘‘(A) methods of providing outreach to 
early childhood education program staff, direc-
tors, and administrators to enable such individ-
uals and providers to be aware of opportunities 
and resources under the statewide plan, which 
may include outreach to underrepresented pop-
ulations in the profession; 
‘‘(B) developing a unified data collection 
and dissemination system for early childhood 
education training, professional development, 
and higher education programs; 
‘‘(C) increasing the participation of early 
childhood educators in high quality training and 
professional development by assisting in paying 
the costs of enrollment in and completion of 
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such training and professional development 
courses; 
‘‘(D) increasing the participation of early 
childhood educators in postsecondary education 
programs leading to degrees in early childhood 
education by providing assistance to pay the 
costs of enrollment in and completion of such 
postsecondary education programs, which as-
sistance— 
‘‘(i) shall only be provided to an indi-
vidual who— 
‘‘(I) enters into an agreement 
under which the individual agrees to 
work, for a reasonable number of 
years after receiving such a degree, in 
an early childhood education program 
that is located in a low-income area; 
and 
‘‘(II) has a family income equal 
to or less than the annually adjusted 
national median family income as de-
termined by the Bureau of the Cen-
sus; and 
‘‘(ii) shall be provided in an amount 
that does not exceed $17,500; 
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‘‘(E) supporting professional development 
activities and a career lattice for a variety of 
early childhood professional roles with varying 
professional qualifications and responsibilities 
for early childhood education personnel, includ-
ing strategies to enhance the compensation of 
such personnel; 
‘‘(F) supporting articulation agreements 
between 2- and 4-year public and private insti-
tutions of higher education and mechanisms to 
transform other training, professional develop-
ment, and experience into academic credit; 
‘‘(G) developing mentoring and coaching 
programs to support new educators in and di-
rectors of early childhood education programs; 
‘‘(H) providing career development advis-
ing with respect to the field of early childhood 
education, including informing an individual re-
garding— 
‘‘(i) entry into and continuing edu-
cation requirements for professional roles 
in the field; 
‘‘(ii) available financial assistance; 
and 
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‘‘(iii) professional development and ca-
reer advancement in the field; 
‘‘(I) enhancing the quality of faculty and 
course work in postsecondary programs that 
lead to an associate, baccalaureate, or graduate 
degree in early childhood education; 
‘‘(J) consideration of the availability of on- 
line graduate level professional development of-
fered by institutions of higher education with 
experience and demonstrated expertise in estab-
lishing programs in child development, in order 
to improve the skills and expertise of individ-
uals working in early childhood education pro-
grams; and 
‘‘(K) developing or enhancing a system of 
quality assurance with respect to the early 
childhood education professional development 
and career system, including standards or quali-
fications for individuals and entities who offer 
training and professional development in early 
childhood education. 
‘‘(b) PUBLIC HEARINGS.—The State Task Force 
shall hold public hearings and provide an opportunity for 
public comment on the activities described in the statewide 
plan described in subsection (a)(3). 
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‘‘(c) PERIODIC REVIEW.—The State Task Force shall 
meet periodically to review implementation of the state-
wide plan and to recommend any changes to the statewide 
plan the State Task Force determines necessary. 
‘‘SEC. 286. STATE APPLICATION AND REPORT. 
‘‘(a) IN GENERAL.—Each State desiring a grant 
under this subpart shall submit an application to the Sec-
retary at such time, in such manner, and accompanied by 
such information as the Secretary may reasonably require. 
Each such application shall include a description of— 
‘‘(1) the membership of the State Task Force; 
‘‘(2) the activities for which the grant assist-
ance will be used; 
‘‘(3) other Federal, State, local, and private re-
sources that will be available to support the activi-
ties of the State Task Force described in section 
285; 
‘‘(4) the availability within the State of train-
ing, educator preparation, professional development, 
compensation initiatives, and career systems, related 
to early childhood education; and 
‘‘(5) the resources available within the State for 
such training, educator preparation, professional de-
velopment, compensation initiatives, and career sys-
tems. 
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‘‘Subpart 6—Preparing General Education Teachers 
to More Effectively Educate Students With Dis-
abilities 
‘‘SEC. 291. TEACH TO REACH GRANTS. 
‘‘(a) AUTHORIZATION OF PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to award grants, on a competitive basis, to eligible 
partnerships to improve the preparation of general 
education teacher candidates to ensure that such 
teacher candidates possess the knowledge and skills 
necessary to effectively instruct students with dis-
abilities in their classrooms. 
‘‘(2) DURATION OF GRANTS.—A grant under 
this section shall be awarded for a period of five 
years. 
‘‘(3) NON-FEDERAL SHARE.—An eligible part-
nership that receives a grant under this section shall 
provide not less than 25 percent of the cost of the 
activities carried out with such grant from non-Fed-
eral sources, which may be provided in cash or in 
kind. 
‘‘(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In 
this section, the term ‘eligible partnership’ is a partnership 
that— 
‘‘(1) shall include— 
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‘‘(A) one or more departments or programs 
at an institution of higher education— 
‘‘(i) that prepare elementary or sec-
ondary general education teachers; 
‘‘(ii) that have a program of study 
that leads to an undergraduate degree, a 
master’s degree, or completion of a post- 
baccalaureate program required for teacher 
certification; and 
‘‘(iii) the graduates of which are high-
ly qualified, as defined in section 9101 of 
the Elementary and Secondary Education 
Act of 1965; 
‘‘(B) a department or program of special 
education at an institution of higher education; 
and 
‘‘(C) a high-need local educational agency; 
and 
‘‘(2) may include a department or program of 
mathematics, earth or physical science, foreign lan-
guage, or other departments at the institution that 
have a role in preparing teachers. 
‘‘(c) REQUIRED ACTIVITIES.—An eligible partnership 
that receives a grant under this section shall use the grant 
funds to— 
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‘‘(1) develop or strengthen an undergraduate, 
post-baccalaureate, or master’s teacher preparation 
program by integrating special education strategies 
into the general education curriculum and academic 
content; 
‘‘(2) provide teacher candidates participating in 
the program under paragraph (1) with skills related 
to— 
‘‘(A) response to intervention, positive be-
havioral supports, differentiated instruction, 
and data driven instruction; 
‘‘(B) developing and administering alter-
nate assessments of students with disabilities; 
‘‘(C) determining and utilizing accom-
modations for instruction and assessments; 
‘‘(D) collaborating with special educators, 
related services providers, and parents, includ-
ing participation in Individualized Education 
Program development and implementation; and 
‘‘(E) utilizing technology and assistive 
technology for students with disabilities; and 
‘‘(3) provide extensive clinical experience for 
such participants, with mentoring and induction 
support throughout the program that continues dur-
ing the first year of full-time teaching. 
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‘‘(d) APPLICATION.—An eligible partnership seeking 
a grant under this section shall submit an application to 
the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
Such application shall include— 
‘‘(1) A self-assessment by the eligible partner-
ship of the existing teacher preparation program at 
the institution of higher education and needs related 
to preparing general education teacher candidates to 
instruct students with disabilities. 
‘‘(2) An assessment of the existing personnel 
needs for general education teachers who instruct 
students with disabilities, performed by the local 
educational agency in which most graduates of the 
teacher preparation program are likely to teach after 
completion of the program under subsection (c)(1). 
‘‘(e) PEER REVIEW.—The Secretary shall convene a 
peer review committee to review applications for grants 
under this section and to make recommendations to the 
Secretary regarding the selection of grantees. Members of 
the peer review committee shall be recognized experts in 
the fields of special education, teacher preparation, and 
general education, and shall not be in a position to benefit 
financially from any grants awarded under this section. 
‘‘(f) EVALUATIONS.— 
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‘‘(1) BY THE PARTNERSHIP.—An eligible part-
nership receiving a grant under this section shall 
conduct an evaluation at the end of the grant period 
to determine the effectiveness of the general edu-
cation teachers who completed a program under sub-
section (c)(1) at instruction of students with disabil-
ities in general education classrooms, and the sys-
temic impact of the activities carried out by such 
grant on how each institution of higher education 
that is a member of the partnership prepares teach-
ers for instruction in elementary and secondary 
schools. Each eligible partnership performing an 
evaluation under this paragraph shall report the 
findings of such evaluation to the Secretary. 
‘‘(2) REPORT BY THE SECRETARY.—Not later 
than 180 days after the last day of the grant period 
under this section, the Secretary shall make avail-
able to Congress and the public the findings of the 
evaluations submitted under paragraph (1), and in-
formation on best practices related to effective in-
struction of students with disabilities in general edu-
cation classrooms.’’. 
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SEC. 202. NATIONAL ACADEMY OF SCIENCES STUDY OF 
BEST PRACTICES IN TEACHER PREPARATION. 
(a) IN GENERAL.—The Secretary shall enter into a 
contract with the National Academy of Sciences to con-
duct a 2-year study to develop suggested best practices 
in teacher preparation for departments, schools, and col-
leges of education. Such best practices shall include rec-
ommendations to improve teaching skills, including skills 
related to working with diverse populations. 
(b) BEST RESEARCH; SUGGESTED TRAINING.—The 
suggested best practices developed under subsection (a) 
shall reflect the best research into how students learn and 
on the content-specific methods shown to be effective with 
students, including examining how children learn. The 
suggested best practices shall include suggested training 
for general and special education teachers in working with 
diverse populations, utilizing the principles of universal de-
sign for learning, assessments in the classroom, and class-
room management. 
(c) COLLABORATION.— 
(1) IN
GENERAL.—In conducting the study 
under subsection (a), the National Academy of 
Sciences shall collaborate with interested parties in 
developing the suggested best practices. 
(2) INTERESTED PARTIES.—In this subsection, 
the term ‘‘interested parties’’ means— 
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(A) college presidents; 
(B) deans of arts and sciences and teacher 
education programs; 
(C) teacher preparation faculty; 
(D) chief State school officers; 
(E) school superintendents; 
(F) teacher organizations; 
(G) outstanding teachers and principals; 
(H) teacher preparation accrediting organi-
zations; 
(I) individuals or organizations with exper-
tise in working with diverse populations, includ-
ing students with disabilities and limited 
English proficient students; and 
(J) other organizations with expertise in 
teacher recruitment and training. 
(d) PROHIBITION.—Nothing in this section shall be 
construed to authorize the National Academy of Sciences 
to recommend, or any other Federal Government entity 
or contractor to mandate, direct, control, or suggest, a 
specific curriculum for teacher education programs. 
TITLE III—TITLE III 
AMENDMENTS 
SEC. 301. PROGRAM PURPOSE. 
Section 311 (20 U.S.C. 1057) is amended— 
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(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘351’’ 
and inserting ‘‘391’’; and 
(B) in paragraph (3)(F), by inserting ‘‘, 
including services that will assist in the edu-
cation of special populations’’ before the period; 
and 
(2) in subsection (c)— 
(A) in paragraph (6), by inserting ‘‘, in-
cluding 
innovative, 
customized, 
instruction 
courses designed to help retain students and 
move the students rapidly into core courses and 
through program completion’’ before the period; 
(B) 
by 
redesignating 
paragraphs 
(7) 
through (12) as paragraphs (8) through (13), 
respectively; 
(C) by inserting after paragraph (6) the 
following: 
‘‘(7) Education or counseling services designed 
to improve the financial literacy and economic lit-
eracy of students or the students’ parents.’’; 
(D) in paragraph (12) (as redesignated by 
subparagraph (B)), by striking ‘‘distance learn-
ing academic instruction capabilities’’ and in-
serting ‘‘distance education technologies’’; and 
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(E) in the matter preceding subparagraph 
(A) of paragraph (13) (as redesignated by sub-
paragraph (B)), by striking ‘‘subsection (c)’’ 
and inserting ‘‘subsection (b) and section 391’’. 
SEC. 302. TITLE III GRANTS FOR AMERICAN INDIAN TRIB-
ALLY CONTROLLED COLLEGES AND UNIVER-
SITIES. 
(a) ELIGIBLE INSTITUTIONS.—Section 316(b)(3) (20 
U.S.C. 1059c(b)(3)) is amended to read as follows: 
‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ means an institu-
tion that— 
‘‘(A) qualifies for funding under the Trib-
ally Controlled College or University Assistance 
Act of 1978 (25 U.S.C. 1801 et seq.) or the 
Navajo Community College Assistance Act (25 
U.S.C. 640a note); or 
‘‘(B) is cited in section 532 of the Equity 
in Educational Land Grant Status Act of 1994 
(7 U.S.C. 301 note).’’. 
(b) DISTANCE
LEARNING.—Section 316(c)(2) is 
amended— 
(1) by amending subparagraph (B) to read as 
follows: 
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‘‘(B) construction, maintenance, renova-
tion, and improvement in classrooms, libraries, 
laboratories, and other instructional facilities, 
including purchase or rental of telecommuni-
cations technology equipment or services, and 
the acquisition of real property adjacent to the 
campus of the institution on which to construct 
such facilities;’’; 
(2) in subparagraph (C), by inserting before the 
semicolon at the end the following: ‘‘, or advanced 
degrees in tribal governance or tribal public policy’’; 
(3) in subparagraph (D), by inserting before 
the semicolon at the end the following: ‘‘, and in 
tribal governance or tribal public policy’’; 
(4) by striking ‘‘and’’ at the end of subpara-
graph (K); 
(5) by redesignating subparagraph (L) as sub-
paragraph (M); and 
(6) by inserting after subparagraph (K) the fol-
lowing new subparagraph: 
‘‘(L) developing or improving facilities for 
Internet use or other distance learning aca-
demic instruction capabilities; and’’. 
(c) APPLICATION AND ALLOTMENT.—Section 316(d) 
is amended to read as follows: 
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‘‘(d) APPLICATION AND ALLOTMENT.— 
‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligi-
ble to receive assistance under this section, a Tribal 
College or University shall be an eligible institution 
under section 312(b). 
‘‘(2) APPLICATION.—Any Tribal College or Uni-
versity desiring to receive assistance under this sec-
tion shall submit an application to the Secretary at 
such time, and in such manner, as the Secretary 
may reasonably require. 
‘‘(3) MINIMUM
GRANT.—Notwithstanding sec-
tion 399(c), the amount allotted to each institution 
under this section shall not be less than $500,000. 
‘‘(4) SPECIAL RULES.— 
‘‘(A) CONCURRENT
FUNDING.—For the 
purposes of this part, no Tribal College or Uni-
versity that is eligible for and receives funds 
under this section shall concurrently receive 
funds under other provisions of this part or 
part B. 
‘‘(B) EXEMPTION.—Section 313(d) shall 
not apply to institutions that are eligible to re-
ceive funds under this section.’’. 
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(d) ALLOCATION OF FUNDS.—Section 316 is further 
amended by adding at the end the following new sub-
sections: 
‘‘(e) CONSTRUCTION GRANTS.— 
‘‘(1) IN
GENERAL.—Of the amount appro-
priated to carry out this section for any fiscal year, 
beginning with fiscal year 2009, the Secretary may 
reserve 30 percent of such amount for the purpose 
of awarding 1-year grants of not less than 
$1,000,000 to address construction, maintenance, 
and renovation needs at eligible institutions. 
‘‘(2) PREFERENCE.—In providing grants under 
paragraph (1) for any fiscal year, the Secretary shall 
give preference to eligible institutions that have not 
received an award under this section for a previous 
fiscal year. 
‘‘(f) ALLOTMENT OF REMAINING FUNDS.—The Sec-
retary shall distribute any funds appropriated to carry out 
this section for any fiscal year that remain available after 
the Secretary has awarded grants under subsection (e), 
to each eligible institution as follows: 
‘‘(1) 60 percent of the remaining appropriated 
funds shall be distributed among the eligible Tribal 
Colleges and Universities on a pro rata basis, based 
on the respective Indian student counts (as defined 
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in section 2(a) of the Tribally Controlled College or 
University Assistance Act of 1978 (25 U.S.C. 
1801(a)) of the Tribal Colleges and Universities; 
and 
‘‘(2) the remaining 40 percent shall be distrib-
uted in equal shares to the eligible Tribal Colleges 
and Universities.’’. 
SEC. 303. PREDOMINANTLY BLACK INSTITUTIONS. 
Part A of title III is amended by inserting after sec-
tion 317 (20 U.S.C. 1059d) the following new section: 
‘‘SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
assist Predominantly Black Institutions in expanding edu-
cational opportunity through a program of Federal assist-
ance. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) PREDOMINANTLY BLACK INSTITUTION.— 
The term ‘Predominantly Black Institution’ means 
an institution of higher education— 
‘‘(A) that is an eligible institution (as de-
fined in paragraph (5)(A) of this subsection) 
with a minimum of 1,000 undergraduate stu-
dents; 
‘‘(B) at which at least 50 percent of the 
undergraduate students enrolled at the institu-
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tion are low-income individuals or first-genera-
tion college students (as that term is defined in 
section 402A(g)); and 
‘‘(C) at which at least 50 percent of the 
undergraduate students are enrolled in an edu-
cational program leading to a bachelor’s or as-
sociate’s degree that the institution is licensed 
to award by the State in which it is located. 
‘‘(2) LOW-INCOME
INDIVIDUAL.—The term 
‘low-income individual’ has the meaning given such 
term in section 402A(g). 
‘‘(3) MEANS-TESTED FEDERAL BENEFIT PRO-
GRAM.—The term ‘means-tested Federal benefit pro-
gram’ means a program of the Federal Government, 
other than a program under title IV, in which eligi-
bility for the programs’ benefits, or the amount of 
such benefits, or both, are determined on the basis 
of income or resources of the individual or family 
seeking the benefit. 
‘‘(4) STATE.—The term ‘State’ means each of 
the 50 States and the District of Columbia. 
‘‘(5) OTHER
DEFINITIONS.—For purposes of 
this section, the terms defined by section 312 have 
the meanings provided by that section, except as fol-
lows: 
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‘‘(A) ELIGIBLE INSTITUTION.— 
‘‘(i) The term ‘eligible institution’ 
means an institution of higher education 
that— 
‘‘(I) has an enrollment of needy 
undergraduate students as required 
and defined by subparagraph (B); 
‘‘(II) except as provided in sec-
tion 392(b), the average educational 
and general expenditure of which are 
low, per full-time equivalent under-
graduate student in comparison with 
the average educational and general 
expenditure per full-time equivalent 
undergraduate student of institutions 
that offer similar instruction; 
‘‘(III) has an enrollment of un-
dergraduate students that is at least 
40 percent Black American students; 
‘‘(IV) is legally authorized to pro-
vide, and provides within the State, 
an educational program for which the 
institution awards a bachelors degree, 
or in the case of a junior or commu-
nity college, an associate’s degree; 
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‘‘(V) is accredited by a nationally 
recognized accrediting agency or asso-
ciation determined by the Secretary to 
be a reliable authority as to the qual-
ity of training offered, or is, according 
to such an agency or association, 
making reasonable progress toward 
accreditation; and 
‘‘(VI) is not receiving assistance 
under part B of this title. 
‘‘(ii) In awarding grants under this 
section the Secretary shall give priority to 
Predominantly Black Institutions with 
large numbers or percentages of students 
described in clause (i)(II) or clause (i)(III). 
The level of priority given to Predomi-
nantly Black Institutions with large num-
bers or percentages of students described 
in paragraph (1)(B) shall be twice the level 
of priority given to Predominantly Black 
Institutions with large numbers or percent-
ages of students described in paragraph 
(1)(C). 
‘‘(B) 
ENROLLMENT
OF
NEEDY
STU-
DENTS.—The term ‘enrollment of needy stu-
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dents’ means the enrollment at an eligible insti-
tution with respect to which at least 50 percent 
of the undergraduate students enrolled in an 
academic program leading to a degree— 
‘‘(i) in the second fiscal year pre-
ceding the fiscal year for which the deter-
mination is made, were Pell Grant recipi-
ents in such year; 
‘‘(ii) come from families that receive 
benefits under a means-tested Federal ben-
efits program (as defined in paragraph 
(3)); 
‘‘(iii) attended a secondary school that 
was a high-need school during any year of 
such attendance; or 
‘‘(iv) are ‘first-generation college stu-
dents’ as that term is defined in section 
402A(g), and a majority of such first-gen-
eration college students are low-income in-
dividuals. 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.— 
Grants awarded pursuant to subsection (d) shall be 
used by Predominantly Black Institutions— 
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‘‘(A) to assist the institution to plan, de-
velop, undertake, and implement programs to 
enhance the institution’s capacity to serve more 
low- and middle-income Black American stu-
dents; 
‘‘(B) to expand higher education opportu-
nities for title IV eligible students by encour-
aging college preparation and student persist-
ence in secondary and postsecondary education; 
and 
‘‘(C) to strengthen the institution’s finan-
cial ability to serve the academic needs of the 
students described in subparagraphs (A) and 
(B). 
‘‘(2) AUTHORIZED
ACTIVITIES.—Grants made 
to an institution under subsection (d) shall be used 
for one or more of the following activities: 
‘‘(A) The activities described in section 
311(c)(1) through (11). 
‘‘(B) Academic instruction in disciplines in 
which Black Americans are underrepresented. 
‘‘(C) Establishing or enhancing a program 
of teacher education designed to qualify stu-
dents to teach in a public elementary or sec-
ondary school in the State that shall include, as 
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part of such program, preparation for teacher 
certification. 
‘‘(D) Establishing community outreach 
programs which will encourage elementary and 
secondary students to develop the academic 
skills and the interest to pursue postsecondary 
education. 
‘‘(E) Other activities proposed in the appli-
cation submitted pursuant to subsection (e) 
that— 
‘‘(i) contribute to carrying out the 
purposes of this section; and 
‘‘(ii) are approved by the Secretary as 
part of the review and acceptance of such 
application. 
‘‘(3) ENDOWMENT FUND.— 
‘‘(A) 
IN
GENERAL.—A 
Predominantly 
Black Institution may use not more than 20 
percent of the grant funds provided under this 
section to establish or increase an endowment 
fund at the institution. 
‘‘(B) MATCHING REQUIREMENT.—In order 
to be eligible to use grant funds in accordance 
with subparagraph (A), the Predominantly 
Black Institution shall provide matching funds 
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from non-Federal sources, in an amount equal 
to or greater than the Federal funds used in ac-
cordance with subparagraph (A), for the estab-
lishment or increase of the endowment fund. 
‘‘(C) COMPARABILITY.—The provisions of 
part C regarding the establishment or increase 
of an endowment fund, that the Secretary de-
termines are not inconsistent with this sub-
section, shall apply to funds used under sub-
paragraph (A). 
‘‘(4) LIMITATION.—Not more than 50 percent 
of the allotment of any Predominantly Black Institu-
tion may be available for the purpose of constructing 
or maintaining a classroom, library, laboratory, or 
other instructional facility. 
‘‘(d) ALLOTMENTS TO PREDOMINANTLY BLACK IN-
STITUTIONS.— 
‘‘(1) ALLOTMENT: PELL GRANT BASIS.—From 
the amount appropriated to carry out this section 
for any fiscal year, the Secretary shall allot to each 
Predominantly Black Institution having an applica-
tion approved under subsection (e) a sum which 
bears the same ratio to one-half that amount as the 
number of Pell Grant recipients in attendance at 
such institution at the end of the academic year pre-
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ceding the beginning of that fiscal year bears to the 
total number of Pell Grant recipients at all institu-
tions eligible under this section. 
‘‘(2) ALLOTMENT: GRADUATES
BASIS.—From 
the amount appropriated to carry out this section 
for any fiscal year, the Secretary shall allot to each 
Predominantly Black Institution having an applica-
tion approved under subsection (e) a sum which 
bears the same ratio to one-fourth that amount as 
the number of graduates for such year at such insti-
tution bears to the total number of graduates for 
such year at all intuitions eligible under this section. 
‘‘(3) ALLOTMENT: 
GRADUATES
SEEKING
A 
HIGHER DEGREE BASIS.—From the amount appro-
priated to carry out this section for any fiscal year, 
the Secretary shall allot to each Predominantly 
Black Institution having an application approved 
under subsection (e) a sum which bears the same 
ratio to one-fourth of that amount as the percentage 
of graduates per institution who, within 2 years of 
graduation with an associates degree or a bacca-
laureate degree, are admitted to and in attendance 
at, either a baccalaureate degree-granting institution 
or a graduate or professional school in a degree pro-
gram in disciplines in which Black American stu-
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dents are underrepresented, bears to the percentage 
of such graduates per institution for all eligible insti-
tutions. 
‘‘(4) MINIMUM
ALLOTMENT.—(A) Notwith-
standing paragraphs (1), (2), and (3) of this sub-
section and section 399(c), the amount allotted to 
each Predominantly Black Institution under this sec-
tion shall not be less than $250,000. 
‘‘(B) If the amount appropriated pursuant to 
section 399 for any fiscal year is not sufficient to 
pay the minimum allotment, the amount of such 
minimum allotment shall be ratably reduced. If addi-
tional sums become available for such fiscal year, 
such reduced allocation shall be increased on the 
same basis as it was reduced until the amount allot-
ted equals the minimum allotment required by sub-
paragraph (A). 
‘‘(5) REALLOTMENT.—The amount of a Pre-
dominantly Black Institution’s allotment under para-
graph (1), (2), (3), or (4) for any fiscal year, which 
the Secretary determines will not be required for 
such institution for the period such allotment is 
available, shall be available for reallotment to other 
Predominantly Black Institutions in proportion to 
the original allotment to such other institutions 
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under this section for such fiscal year. The Secretary 
shall reallot such amounts from time to time, on 
such date and during such period as the Secretary 
deems appropriate. 
‘‘(e) APPLICATIONS.—No Predominantly Black Insti-
tution shall be entitled to its allotment of Federal funds 
for any grant under subsection (d) for any period unless 
the institution submits an application to the Secretary at 
such time, in such manner, and containing or accompanied 
by such information as the Secretary may reasonably re-
quire. 
‘‘(f) APPLICATION REVIEW PROCESS.—Section 393 
shall not apply to applications under this section. 
‘‘(g) PROHIBITION.—No Predominantly Black Insti-
tution that applies for and receives a grant under this sec-
tion may apply for or receive funds under any other pro-
gram under this part or part B of this title. 
‘‘(h) DURATION AND CARRYOVER.—Any funds paid 
to a Predominantly Black Institution under this section 
and not expended or used for the purposes for which the 
funds were paid within 10 years following the date of the 
grant awarded to such institution under this section shall 
be repaid to the Treasury of the United States.’’. 
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SEC. 304. ASSISTANCE TO ASIAN AMERICAN AND NATIVE 
AMERICAN PACIFIC ISLANDER-SERVING IN-
STITUTIONS. 
Part A of title III is amended by inserting after sec-
tion 318 (as added by section 303 of this Act) the fol-
lowing new section: 
‘‘SEC. 319. ASIAN AMERICAN AND NATIVE AMERICAN PA-
CIFIC ISLANDER-SERVING INSTITUTIONS. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 
provide grants and related assistance to Asian American 
and Native American Pacific Islander-serving institutions 
to enable such institutions to improve and expand their 
capacity to serve Asian Americans and Native American 
Pacific Islanders. 
‘‘(b) DEFINITIONS.—For the purpose of this sec-
tion— 
‘‘(1) the term ‘Asian American’ has the mean-
ing given the term Asian in the Office of Manage-
ment and Budget’s Standards for Maintaining, Col-
lecting, and Presenting Federal Data on Race and 
Ethnicity as published on October 30, 1997 (62 
Fed. Reg. 58789); 
‘‘(2) the term ‘Native American Pacific Is-
lander’ means any descendant of the aboriginal peo-
ple of any island in the Pacific Ocean that is a terri-
tory or possession of the United States; 
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‘‘(3) the term ‘Asian American and Native 
American Pacific Islander-serving institution’ means 
an institution of higher education that— 
‘‘(A) is an eligible institution under section 
312(b); and 
‘‘(B) at the time of application, has an en-
rollment of undergraduate students that is at 
least 10 percent Asian American and Native 
American Pacific Islander students; and 
‘‘(4) the term ‘low-income individual’ means an 
individual from a family whose taxable income for 
the preceding year did not exceed 150 percent of an 
amount equal to the poverty level determined by 
using criteria of poverty established by the Bureau 
of the Census. 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.— 
Grants awarded under this section shall be used by 
Asian American and Native American Pacific Is-
lander-serving institutions to assist such institutions 
to plan, develop, undertake, and carry out activities 
to improve and expand such institutions’ capacity to 
serve Asian Americans and Native American Pacific 
Islanders. 
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‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— 
Such programs may include— 
‘‘(A) purchase, rental, or lease of scientific 
or laboratory equipment for educational pur-
poses, including instructional and research pur-
poses; 
‘‘(B) renovation and improvement in class-
room, library, laboratory, and other instruc-
tional facilities; 
‘‘(C) support of faculty exchanges, and fac-
ulty development and faculty fellowships to as-
sist in attaining advanced degrees in the fac-
ulty’s field of instruction; 
‘‘(D) curriculum development and aca-
demic instruction; 
‘‘(E) purchase of library books, periodicals, 
microfilm, and other educational materials; 
‘‘(F) funds and administrative manage-
ment, and acquisition of equipment for use in 
strengthening funds management; 
‘‘(G) joint use of facilities such as labora-
tories and libraries; 
‘‘(H) academic tutoring and counseling 
programs and student support services; 
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‘‘(I) establishing community outreach pro-
grams that will encourage elementary school 
and secondary school students to develop the 
academic skills and the interest to pursue post-
secondary education; 
‘‘(J) establishing or improving an endow-
ment fund; 
‘‘(K) academic instruction in disciplines in 
which Asian Americans and Native American 
Pacific Islanders are under-represented; 
‘‘(L) conducting research and data collec-
tion for Asian American and Native American 
Pacific Islander populations and sub-popu-
lations; and 
‘‘(M) establishing partnerships with com-
munity based organizations serving Asian 
Americans and Native American Pacific Island-
ers. 
‘‘(d) APPLICATION PROCESS.— 
‘‘(1) INSTITUTIONAL ELIGIBILITY.—Each Asian 
American and Native American Pacific Islander- 
serving institution desiring to receive assistance 
under this section shall submit to the Secretary such 
enrollment data as may be necessary to demonstrate 
that the institution is an Asian American and Native 
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American Pacific Islander-serving institution as de-
fined in subsection (b), along with such other infor-
mation and data as the Secretary may require. 
‘‘(2) APPLICATIONS.—Any institution which is 
determined by the Secretary to be an Asian Amer-
ican and Native American Pacific Islander-serving 
institution may submit an application for assistance 
under this section to the Secretary. Such application 
shall include— 
‘‘(A) a 5-year plan for improving the as-
sistance provided by the Asian American and 
Native American Pacific Islander-serving insti-
tution to Asian American and Native American 
Pacific Islander students; and 
‘‘(B) such other information and assurance 
as the Secretary may require. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) ELIGIBILITY.—No Asian American 
and Native American Pacific Islander-serving 
institution that receives funds under this sec-
tion shall concurrently receive funds under 
other provisions of this part or part B. 
‘‘(B) EXEMPTION.—Section 313(d) shall 
not apply to institutions that are eligible to re-
ceive funds under this section. 
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‘‘(C) DISTRIBUTION.—In awarding grants 
under this section, the Secretary shall— 
‘‘(i) to the extent possible and con-
sistent with the competitive process under 
which such grants are awarded, ensure 
maximum 
and 
equitable 
distribution 
among all eligible institutions; and 
‘‘(ii) give priority consideration to in-
stitutions that serve a significant percent-
age of Asian American and Native Amer-
ican Pacific Islander students who are low- 
income individuals.’’. 
SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI-
TUTIONS. 
(a) GRANT PROGRAM AUTHORIZED.—Part A of title 
III (20 U.S.C. 1057 et seq.) is amended by adding after 
section 319 (as added by section 304 of this Act) the fol-
lowing new section: 
‘‘SEC. 320. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI-
TUTIONS. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 
provide grants and related assistance to Native American- 
serving, nontribal institutions to enable such institutions 
to improve and expand their capacity to serve Native 
Americans. 
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‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) NATIVE
AMERICAN.—The term ‘Native 
American’ means an individual who is of a tribe, 
people, or culture that is indigenous to the United 
States. 
‘‘(2) NATIVE
AMERICAN-SERVING, NONTRIBAL 
INSTITUTION.—The term ‘Native American-serving, 
nontribal institution’ means an institution of higher 
education that, at the time of application— 
‘‘(A) has an enrollment of undergraduate 
students that is not less than 10 percent Native 
American students; and 
‘‘(B) is not a Tribal College or University 
(as defined in section 316). 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.— 
Grants awarded under this section shall be used by 
Native American-serving, nontribal institutions to 
assist such institutions to plan, develop, undertake, 
and carry out activities to improve and expand such 
institutions’ capacity to serve Native Americans. 
‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— 
Such programs may include— 
‘‘(A) the purchase, rental, or lease of sci-
entific or laboratory equipment for educational 
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purposes, including instructional and research 
purposes; 
‘‘(B) renovation and improvement in class-
room, library, laboratory, and other instruc-
tional facilities; 
‘‘(C) support of faculty exchanges, and fac-
ulty development and faculty fellowships to as-
sist faculty in attaining advanced degrees in the 
faculty’s field of instruction; 
‘‘(D) curriculum development and aca-
demic instruction; 
‘‘(E) the purchase of library books, peri-
odicals, microfilm, and other educational mate-
rials; 
‘‘(F) funds and administrative manage-
ment, and acquisition of equipment for use in 
strengthening funds management; 
‘‘(G) the joint use of facilities such as lab-
oratories and libraries; and 
‘‘(H) academic tutoring and counseling 
programs and student support services. 
‘‘(d) APPLICATION PROCESS.— 
‘‘(1) INSTITUTIONAL
ELIGIBILITY.—A Native 
American-serving, nontribal institution desiring to 
receive assistance under this section shall submit to 
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‘‘(ii) such other information and as-
surances as the Secretary may require. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) ELIGIBILITY.—No Native American- 
serving, nontribal institution that receives funds 
under this section shall concurrently receive 
funds under other provisions of this part or 
part B. 
‘‘(B) EXEMPTION.—Section 313(d) shall 
not apply to institutions that are eligible to re-
ceive funds under this section. 
‘‘(C) DISTRIBUTION.—In awarding grants 
under this section, the Secretary shall, to the 
extent possible and consistent with the competi-
tive process under which such grants are 
awarded, ensure maximum and equitable dis-
tribution among all eligible institutions.’’. 
SEC. 306. STRENGTHENING HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES. 
(a) DEFINITIONS.—Section 322(4) (20 U.S.C. 
1061(4)) is amended by inserting after ‘‘the Secretary’’ 
the following: ‘‘, in consultation with the Commissioner of 
the National Center for Education Statistics,’’. 
(b) AUTHORIZED ACTIVITIES.—Section 323(a) (20 
U.S.C. 1062(a)) is amended— 
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(1) by redesignating paragraph (12) as para-
graph (15); and 
(2) by inserting after paragraph (11) the fol-
lowing new paragraphs: 
‘‘(12) Acquisition of real property in connection 
with the construction, renovation, or addition to or 
improvement of campus facilities. 
‘‘(13) Education or financial information de-
signed to improve the financial literacy and economic 
literacy of students or the students’ parents, espe-
cially with regard to student indebtedness and stu-
dent assistance programs under the title IV. 
‘‘(14) Technical assistance or services necessary 
for the implementation of projects or activities that 
are described in the grant application and that are 
approved, in advance, by the Secretary, except that 
not more than two percent of the grant amount may 
be used for this purpose.’’. 
(c) ALLOTMENTS.— 
(1) MINIMUM ALLOTMENT.—Subsection (d) of 
section 324 (20 U.S.C. 1063(d)) is amended to read 
as follows: 
‘‘(d) MINIMUM ALLOTMENT.—(1) If an otherwise eli-
gible part B institution did not enroll any Pell Grant re-
cipients, or did not graduate any students in the previous 
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academic year, or where appropriate, send any such grad-
uates on to graduate or first-professional degree study, the 
institution shall not receive a grant under this part. 
‘‘(2) If the data provided by an eligible institution, 
pursuant to this section, is insufficient to justify an award 
in excess of $500,000, the otherwise eligible institution 
shall receive an allotment of $500,000, except that the 
Secretary shall not make an award of $500,000 if the 
amount determined based upon the formulas using sub-
section (b), (c), and (d) would be less than $250,000. If 
the amount determined by the formula would be less than 
$250,000, the Secretary shall award the minimum allot-
ment of $250,000.’’. 
(2) CONDITION
FOR
ALLOTMENTS.—Section 
324 (20 U.S.C. 1063) is further amended by adding 
at the end the following new subsection: 
‘‘(h) CONDITIONS FOR ALLOTMENTS.—No institution 
shall receive an allotment under this section unless the in-
stitution provides data, required by the Secretary con-
sistent with the formula in subsections (a) through (c), 
including the number of Pell Grant recipients enrolled in 
the previous award year; the number of students who 
earned an associate or baccalaureate degree in the pre-
vious academic year; and, when appropriate, the percent-
age of graduates who, within the past five years, enrolled 
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in a graduate or first-professional degree program. No in-
stitution shall receive an allotment, including the min-
imum allotment under subsection (d), unless the institu-
tion provides the data required of that institution by the 
Secretary.’’. 
(d) PROFESSIONAL OR GRADUATE INSTITUTIONS.— 
(1) DURATION OF GRANT.—Section 326(b) (20 
U.S.C. 1063b(b)) is amended by adding at the end 
the following new sentence: ‘‘Any funds awarded for 
such five-year grant period that are obligated during 
such five-year period may be expended during the 
10-year period beginning on the first day of such 
five-year period.’’. 
(2) AUTHORIZED ACTIVITIES.—Section 326(c) 
(20 U.S.C. 1063b(c)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (6); 
(B) by striking the period at the end of 
paragraph (7) and inserting a semicolon; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(8) acquisition of real property in connection 
with the construction, renovation, or addition to or 
improvement of campus facilities; 
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‘‘(9) education or financial information de-
signed to improve the financial literacy and economic 
literacy of students or the students’ parents, espe-
cially with regard to student indebtedness and stu-
dent assistance programs under the title IV; and 
‘‘(10) technical assistance or services necessary 
for the implementation of projects or activities that 
are described in the grant application and that are 
approved, in advance, by the Secretary, except that 
not more than two percent of the grant amount may 
be used for this purpose.’’. 
(3) 
ELIGIBILITY.—Section 
326(e)(1) 
(20 
U.S.C. 1063b(e)(1)) is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (Q); 
(B) by striking the period at the end of 
subparagraph (R) and inserting a semicolon; 
and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(S) Alabama State University qualified 
graduate programs; 
‘‘(T) Bowie State University qualified 
graduate programs; 
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‘‘(U) Delaware State University qualified 
graduate programs; 
‘‘(V) Langston University qualified grad-
uate programs; 
‘‘(W) Prairie View A&M University quali-
fied graduate programs; and 
‘‘(X) University of the District of Colum-
bia David A. Clarke School of Law.’’. 
(4) 
CONFORMING
AMENDMENT.—Section 
326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended— 
(A) by striking ‘‘1998’’ and inserting 
‘‘2008’’; and 
(B) by striking ‘‘(Q) and (R)’’ and insert-
ing ‘‘(S) through (X)’’. 
(5) 
PRESERVATION
OF
FUNDING.—Section 
326(f) (20 U.S.C. 1063b(f)) is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘$26,600,000’’ and in-
serting ‘‘$54,500,000’’; and 
(ii) by striking ‘‘(P)’’ and inserting 
‘‘(R)’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘$26,600,000, but not 
in excess of $28,600,000’’ and inserting 
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(2) in paragraph (5), by striking ‘‘$50,000’’ 
and inserting ‘‘$100,000’’. 
(b) TECHNICAL
ASSISTANCE.—Section 331 (20 
U.S.C. 1065) is further amended by adding at the end 
the following new subsection: 
‘‘(l) TECHNICAL ASSISTANCE.—The Secretary, di-
rectly or by grant or contract, may provide technical as-
sistance to eligible institutions to prepare the institutions 
to qualify, apply for, and maintain a grant, under this sec-
tion.’’. 
SEC. 308. HISTORICALLY BLACK COLLEGE AND UNIVER-
SITY CAPITAL FINANCING. 
(a) DEFINITIONS.—Section 342 (20 U.S.C. 1066a) 
is amended— 
(1) in paragraph (5)(G), by inserting ‘‘by an 
accrediting agency or association recognized by the 
Secretary of Education’’ after ‘‘agency or associa-
tion’’; 
(2) in paragraph (8)— 
(A) is amended by striking ‘‘the private’’ 
and inserting ‘‘any private’’; and 
(B) by inserting adding ‘‘capital project’’ 
after ‘‘issuing taxable’’; and 
(3) by adding at the end the following new 
paragraphs: 
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‘‘(10) The term ‘eligible foundation’ means a 
non-profit foundation owned and sponsored by an el-
igible institution, or an entity wholly owned by such 
a foundation. 
‘‘(11) The term ‘borrower’ means the eligible 
institution or the eligible foundation that receives 
funding pursuant to a loan.’’. 
(b) FEDERAL INSURANCE FOR BONDS.— 
(1) RESPONSIBILITIES OF DESIGNATED BOND-
ING
AUTHORITY.—Section 
343(b) 
(20 
U.S.C. 
1066b(b)) is amended— 
(A) in paragraph (1), by striking ‘‘2 per-
cent’’ and inserting ‘‘1 percent’’; 
(B) in paragraph (3)(A), by inserting ‘‘, 
not to exceed 1 percent,’’ after ‘‘charge such in-
terest’’; 
(C) in paragraph (8)— 
(i) by inserting ‘‘for loans closed be-
fore June 15, 2008,’’ before ‘‘establish an 
escrow account’’; 
(ii) in subparagraph (B)(ii), by insert-
ing ‘‘within 90 days’’ after ‘‘loan pro-
ceeds’’; 
(D) by striking ‘‘and’’ at the end of para-
graph (10); 
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(E) by striking the period at the end of 
paragraph (11) and inserting a semicolon; and 
(F) by adding at the end the following new 
paragraphs: 
‘‘(12) with respect to any such loan, provide 
that any loan collateralization shall not exceed 100 
percent of the loan amount; and 
‘‘(13) for loans closed after, June 15, 2008, es-
tablish a reserve account which shall be available to 
the Secretary to pay principal and interest on the 
bonds in the event of delinquency in loan repayment, 
which reserve account shall consist of an origination 
fee of 1 percent with respect to each loan.’’. 
(2) FORBEARANCE; DEFERMENT.—Section 343 
is further amended by adding at the end the follow 
new subsections: 
‘‘(f) FORBEARANCE.—An insurance agreement under 
this subsection shall contain provisions providing that, 
upon request from the borrower and with the approval of 
the Secretary in consultation with the Advisory Board, the 
designated bond authority shall grant a borrower forbear-
ance, renewable at 12-month intervals, on terms agreed 
to in writing by the parties to the loan with the approval 
of the Secretary, and otherwise consistent with the regula-
tions of the Secretary. 
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‘‘(g) DEFERMENT.—An insurance agreement under 
this subsection shall contain provisions providing that, 
during construction or renovation, the Designated Bond 
Authority shall grant a borrower deferment, renewable at 
12-month intervals, on terms agreed to in writing by the 
parties to the loan with the approval of the Secretary in 
consultation with the Advisory Board, and otherwise con-
sistent with the regulations of the Secretary.’’. 
(c) LIMITATIONS
ON FEDERAL INSURANCE
FOR 
BONDS ISSUED BY THE DESIGNATED BONDING AUTHOR-
ITY.—Section 344(a) (20 U.S.C. 1066c(a)) is amended— 
(1) by striking ‘‘$375,000,000’’ and inserting 
‘‘$1,100,000,000’’; 
(2) by striking ‘‘$250,000,000’’ and inserting 
‘‘$733,333,333’’; and 
(3) by striking ‘‘$125,000,000’’ and inserting 
‘‘$366,666,666’’. 
(d) AUTHORITY
OF
THE
SECRETARY.—Section 
345(1) (20 U.S.C. 1066d(1)) is amended— 
(1) by striking ‘‘the Higher Education Amend-
ments of 1992,’’ and inserting ‘‘the College Oppor-
tunity and Affordability Act of 2008’’; 
(2) by striking ‘‘and’’ at the end of subpara-
graph (A); and 
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(3) by inserting after subparagraph (B) the fol-
lowing new subparagraphs: 
‘‘(C) specify up to 3 designated bonding 
authorities to be authorized under this part; 
and 
‘‘(D) provide for periodic review of des-
ignated bonding authority authorizations no 
less frequently than every 3 years;’’. 
(e) HBCU CAPITAL FINANCING ADVISORY BOARD.— 
Section 347(b)(1) (20 U.S.C. 1066f(b)(1)) is amended— 
(1) by striking out ‘‘9 members’’ and inserting 
‘‘11 members’’; 
(2) in subparagraph (C), by striking ‘‘two’’ and 
inserting ‘‘three’’; 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(G) The president of the Thurgood Mar-
shall Scholarship Fund.’’. 
SEC. 309. PROGRAMS IN STEM FIELDS. 
(a) YES PARTNERSHIPS; ENTRY
INTO
STEM 
FIELDS.—Part E of title III (20 U.S.C.1067 et seq.) is 
amended— 
(1) by redesignating subpart 2 as subpart 3; 
and 
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(2) by inserting after subpart 1 the following 
new subpart: 
‘‘Subpart 2—Programs in STEM Fields 
‘‘SEC. 355. YES PARTNERSHIPS GRANT PROGRAM. 
‘‘(a) GRANT PROGRAM AUTHORIZED.—Subject to the 
availability of appropriations to carry out this subpart, the 
Secretary shall make grants to eligible partnerships (as 
described in subsection (f)) to support underrepresented 
minority youth engagement in science, technology, engi-
neering, and mathematics through outreach and hands-on, 
experiential-based learning projects that encourage under-
represented minority students in kindergarten through 
grade 12 to pursue careers in science, technology, engi-
neering, and mathematics. 
‘‘(b) MINIMUM GRANT AMOUNT.—A grant awarded 
to a partnership under this subpart shall be for an amount 
that is not less than $500,000. 
‘‘(c) DURATION.—A grant awarded under this sub-
part shall be for a period of 5 years. 
‘‘(d) 
NON-FEDERAL
MATCHING
SHARE
RE-
QUIRED.—A partnership receiving a grant under this sub-
part shall provide, from non-Federal sources, in cash or 
in kind, an amount equal to 50 percent of the costs of 
the project supported by such grant. 
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‘‘(e) DISTRIBUTION
OF
GRANTS.—In awarding 
grants under this subpart, the Secretary shall ensure that, 
to the maximum extent practicable, the projects funded 
under this subpart are located in diverse geographic re-
gions of the United States. 
‘‘(f) ELIGIBLE
PARTNERSHIPS.—Notwithstanding 
the general eligibility provision in section 361, eligibility 
to receive grants under this subpart is limited to partner-
ships described in paragraph (5) of such section. 
‘‘SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS. 
‘‘(a) AUTHORITY TO CONTRACT, SUBJECT TO AP-
PROPRIATIONS.—The Secretary of Education is author-
ized to enter into a contract with a firm with a dem-
onstrated record of success in advertising to implement 
a campaign to expand the population of qualified individ-
uals in science, technology, engineering, and math 
(STEM) fields by encouraging young Americans to enter 
the those fields. 
‘‘(b) DESIGN OF CAMPAIGN.—Such a campaign shall 
be designed to enhance the image of education and profes-
sions in the STEM fields and promote participation in the 
STEM fields and shall include— 
‘‘(1) monitoring trends in youth attitudes to-
ward pursuing education and professions in the 
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STEM fields and their propensity toward entering 
the STEM fields; 
‘‘(2) determining what factors contribute to en-
couraging and discouraging Americans from pur-
suing study in STEM fields and entering the STEM 
fields professionally; 
‘‘(3) determining what specific factors limit the 
participation of groups currently underrepresented 
in STEM fields, including Latinos, African-Ameri-
cans, and women; and 
‘‘(4) drawing from the market research per-
formed under this section and implementing an ad-
vertising campaign to encourage young Americans to 
take up studies in STEM fields, beginning at an 
early age. 
‘‘(c) REQUIRED COMPONENTS.—Such a campaign 
shall include components that focus tailored messages on 
appropriate age groups, starting with elementary school 
students. Such a campaign shall link participation in the 
STEM fields to the concept of service to one’s country, 
so that young people will be encouraged to enter the 
STEM fields in order fulfill the obligation to be of service 
to their country. 
‘‘(d) PRIORITY.—Such a campaign shall hold as a 
high priority making specific appeals to Latinos, African- 
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Americans, and women, who are currently under-rep-
resented in the STEM fields, in order to increase their 
numbers in the STEM fields, and shall tailor recruitment 
efforts to each specific group. 
‘‘(e) USE OF VARIETY OF MEDIA.—Such a campaign 
shall make use of a variety of media, with an emphasis 
on television advertising, to reach its intended audience. 
‘‘(f) TEACHING.—Such a campaign shall include a 
narrowly focused effort to attract current professionals in 
the STEM fields, through advertising in mediums likely 
to reach that specific group, into teaching in a STEM field 
in elementary and secondary school. 
‘‘SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN. 
‘‘The Secretary shall develop an evaluation and ac-
countability plan for projects funded under this subpart. 
Such plan shall include, if the Secretary determines that 
it is practical, an objective measure of the impact of such 
projects, such as a measure of whether underrepresented 
minority student enrollment in courses related to science, 
technology, engineering, and mathematics increases at the 
secondary and postsecondary levels.’’. 
(b) ELIGIBILITY
FOR GRANTS.—Section 361 (20 
U.S.C. 1067g) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(3); 
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(2) in paragraph (4)— 
(A) by inserting ‘‘to include public institu-
tions of higher education’’ after ‘‘organiza-
tions,’’; 
(B) in subparagraph (C), by inserting be-
fore the semicolon the following: ‘‘, the Depart-
ment of Defense, or the National Science Foun-
dation’’; 
(C) by striking ‘‘or’’ at the end of subpara-
graph (D); 
(D) by striking the period at the end of 
subparagraph (E) and inserting ‘‘; or’’; and 
(E) by adding at the end the following new 
subparagraph: 
‘‘(F) institutions of higher education which 
have State-approved centers for research in 
science, technology, engineering, and mathe-
matics; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) only with respect to grants under subpart 
2, partnerships of organizations, the membership of 
which shall include— 
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‘‘(A) at least one institution of higher edu-
cation eligible for assistance under this title or 
title V; 
‘‘(B) at least one high need local edu-
cational agency (as defined in section 200); and 
‘‘(C) at least two community organizations 
or entities, such as businesses, professional as-
sociations, community-based organizations, phil-
anthropic organizations, or State agencies.’’. 
SEC. 310. TECHNICAL ASSISTANCE. 
Section 391 (20 U.S.C. 1068) is amended by adding 
at the end the following new subsection: 
‘‘(e) TECHNICAL ASSISTANCE.—The Secretary, di-
rectly or by grant or contract, may provide technical as-
sistance to eligible institutions to prepare the institutions 
to qualify, apply for, and maintain a grant, under this 
title.’’. 
SEC. 311. WAIVER AUTHORITY. 
(a) Section 392 (20 U.S.C. 1068a) is amended by 
adding at the end the following new subsection: 
‘‘(c) WAIVER AUTHORITY WITH RESPECT TO INSTI-
TUTIONS LOCATED IN AN AREA AFFECTED BY A GULF 
HURRICANE DISASTER.— 
‘‘(1) WAIVER
AUTHORITY.—Notwithstanding 
any other provision of the law unless enacted with 
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specific reference to this section, for any affected in-
stitution that was receiving assistance under this 
title at the time of a Gulf hurricane disaster, the 
Secretary shall, for each of the fiscal years 2009 
through 2013— 
‘‘(A) waive— 
‘‘(i) the eligibility data requirements 
set forth in section 391(d); 
‘‘(ii) the wait-out period set forth in 
section 313(d); 
‘‘(iii) 
the 
allotment 
requirements 
under section 324; and 
‘‘(iv) the use of the funding formula 
developed pursuant to section 326(f)(3); 
‘‘(B) waive or modify any statutory or reg-
ulatory provision to ensure that affected institu-
tions that were receiving assistance under this 
title at the time of a Gulf hurricane disaster are 
not adversely impacted by any formula calcula-
tion for fiscal year 2009 or for any of the 4 
succeeding fiscal years; and 
‘‘(C) make available to each affected insti-
tution an amount that is not less than the 
amount made available to such institution 
under this title for fiscal year 2006. 
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‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) AFFECTED INSTITUTION.—The term 
‘affected institution’ means an institution of 
higher education that— 
‘‘(i) is— 
‘‘(I) a part A institution, as such 
term is defined in section 312(b); 
‘‘(II) an American Indian Tribal 
College or University, as such term is 
defined in section 316(b); 
‘‘(III) an Alaskan Native-serving 
institution or Native Hawaiian-serving 
institution, as such terms are defined 
in section 317(b); or 
‘‘(IV) a part B institution, as 
such term is defined in section 
322(2), or as identified in section 
326(e) of such Act of 1965 (20 
U.S.C. 1063(b)); 
‘‘(ii) is located in an area affected by 
a Gulf hurricane disaster; and 
‘‘(iii) is able to demonstrate that, as a 
result of the impact of a Gulf hurricane 
disaster, the institution— 
‘‘(I) incurred physical damage; 
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‘‘(II) 
has 
pursued 
collateral 
source compensation from insurance, 
the Federal Emergency Management 
Agency, and the Small Business Ad-
ministration, as appropriate; and 
‘‘(III) was not able to fully re-
open in existing facilities or to fully 
reopen to the pre-hurricane enroll-
ment levels during the 30-day period 
beginning on August 29, 2005. 
‘‘(B) AREA AFFECTED BY A GULF HURRI-
CANE
DISASTER; 
GULF
HURRICANE
DIS-
ASTER.—The terms ‘area affected by a Gulf 
hurricane disaster’ and ‘Gulf hurricane disaster’ 
have the meanings given such terms in section 
209 of the Higher Education Hurricane Relief 
Act of 2005 (Public Law 109–148, 119 Stat. 
2809).’’. 
SEC. 312. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATIONS.—Section 399(a) (20 U.S.C. 
1068h(a)) is amended to read as follows: 
‘‘(a) AUTHORIZATIONS.— 
‘‘(1) PART A.—(A) There are authorized to be 
appropriated to carry out part A, $150,000,000 
(other than sections 316 through 320) for fiscal year 
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2009, and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(B) There are authorized to be appropriated 
to carry out section 316, $30,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(C) There are authorized to be appropriated to 
carry out section 317, $15,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(D) There are authorized to be appropriated 
to carry out section 318, $75,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(E) There are authorized to be appropriated 
to carry out section 319, $30,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(F) There are authorized to be appropriated to 
carry out section 320, $25,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(2) PART B.—(A) There are authorized to be 
appropriated to carry out part B (other than section 
326), $500,000,000 for fiscal year 2009, and such 
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sums as may be necessary for each of the 4 suc-
ceeding fiscal years. 
‘‘(B) There are authorized to be appropriated 
to carry out section 326, $125,000,000 for fiscal 
year 2009, and such sums as may be necessary for 
each of the 4 succeeding fiscal years. 
‘‘(3) PART C.—There are authorized to be ap-
propriated to carry out part C, $20,000,000 for fis-
cal year 2009, and such sums as may be necessary 
for each of the 4 succeeding fiscal years. 
‘‘(4) PART D.—(A) There are authorized to be 
appropriated to carry out part D (other than section 
345(7), but including section 347), $150,000 for fis-
cal year 2009, and such sums as may be necessary 
for each of the 4 succeeding fiscal years. 
‘‘(B) There are authorized to be appropriated 
to carry out section 345(7), such sums as may be 
necessary for fiscal year 2009 and each of the 4 suc-
ceeding fiscal years. 
‘‘(5) PART E.—(A) There are authorized to be 
appropriated to carry out subpart 1 of part E, 
$12,000,000 for fiscal year 2009 and such sums as 
may be necessary for each of the 4 succeeding fiscal 
years. 
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‘‘(B) There are authorized to be appropriated 
to carry out subpart 2 of part E, $10,000,000 for 
fiscal year 2009 and such sums as may be necessary 
for each of the 4 succeeding fiscal years.’’. 
(b) MINIMUM GRANT AMOUNT.—Section 399 (20 
U.S.C. 1068h) is amended by adding at the end the fol-
lowing: 
‘‘(c) MINIMUM GRANT AMOUNT.—The minimum 
amount of a grant under this title shall be $200,000.’’. 
SEC. 313. TECHNICAL CORRECTIONS. 
(a) AMENDMENTS.—Title III (20 U.S.C. 1051 et 
seq.) is further amended— 
(1) 
in 
section 
342(5)(C) 
(20 
U.S.C. 
1066a(5)(C)), by striking ‘‘,,’’ and inserting ‘‘,’’; 
(2) in section 343(e) (20 U.S.C. 1066b(e)), by 
inserting ‘‘SALE OF QUALIFIED BONDS.—’’ before 
‘‘Notwithstanding’’; 
(3) in the matter preceding clause (i) of section 
365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking 
‘‘support’’ and inserting ‘‘supports’’; 
(4) 
in 
section 
391(b)(7)(E) 
(20 
U.S.C. 
1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ and 
inserting ‘‘subparagraph (D)’’; 
(5) in the matter preceding subparagraph (A) 
of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by 
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striking ‘‘eligible institutions under part A institu-
tions’’ and inserting ‘‘eligible institutions under part 
A’’; and 
(6) in the matter preceding paragraph (1) of 
section 396 (20 U.S.C. 1068e), by striking ‘‘360’’ 
and inserting ‘‘399’’. 
(b) REDESIGNATION AND RELOCATION.—The Higher 
Education Act of 1965 is further amended— 
(1) by redesignating part J of title IV (as 
added by section 802 of the College Cost Reduction 
and Access Act) as part G of title III, and moving 
such part from the end of title IV to the end of title 
III; and 
(2) by redesignating section 499A (as added by 
such section) as section 399A. 
TITLE IV—TITLE IV 
AMENDMENTS 
PART A—PART A AMENDMENTS 
SEC. 401. FEDERAL PELL GRANTS. 
(a) AUTHORIZED MAXIMUMS.—Section 401(b)(2)(A) 
(20 U.S.C. 1070a(b)(2)(A)) is amended to read as follows: 
‘‘(2)(A) The amount of the Federal Pell Grant for 
a student eligible under this part shall be $9,000 for each 
of the academic years 2009–2010 through 2013–2014, 
less an amount equal to the amount determined to be the 
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expected family contribution with respect to that student 
for that year.’’. 
(b) MULTIPLE GRANTS.— 
(1) AMENDMENT.—Paragraph (5) of section 
401(b) is amended to read as follows: 
‘‘(5) YEAR-ROUND
PELL
GRANTS.—The Sec-
retary shall, for students enrolled in a baccalaureate 
degree, associate’s degree, or certificate program of 
study at an eligible institution, award such students 
not more than two Pell grants during an award year 
to permit such students to accelerate progress to-
ward their degree or certificate objectives by enroll-
ing in courses for more than 2 semesters, or 3 quar-
ters, or the equivalent, in a given academic year.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall be effective July 1, 2009. 
(c) INELIGIBILITY BASED ON INVOLUNTARY CIVIL 
COMMITMENT FOR SEXUAL OFFENSES.—Paragraph (7) 
of section 401(b) (as redesignated by section 101(a) of 
the College Cost Reduction and Access Act) is amended 
by inserting before the period the following: ‘‘or who is 
subject to an involuntary civil commitment upon comple-
tion of a period of incarceration for a forcible or nonforc-
ible sexual offense (as determined in accordance with the 
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Federal Bureau of Investigation’s Uniform Crime Report-
ing Program)’’. 
(d) TECHNICAL AMENDMENTS TO CCRAA.—Section 
401(b)(9) is amended— 
(1) by amending subparagraph (D) to read as 
follows: 
‘‘(D) PROGRAM REQUIREMENTS AND OP-
ERATIONS
OTHERWISE
UNAFFECTED.—Except 
as provided in subparagraphs (B) and (C), 
nothing in this paragraph shall be construed to 
alter the requirements and operations of the 
Federal Pell Grant Program as authorized 
under this section, or authorize the imposition 
of additional requirements or operations for the 
determination and allocation of Federal Pell 
Grants under this section.’’; and 
(2) by amending subparagraph (F) to read as 
follows: 
‘‘(F) 
AVAILABILITY
OF
FUNDS.—The 
amounts made available by subparagraph (A) 
for any fiscal year shall be available beginning 
on October 1 of that fiscal year, and shall re-
main available through September 30 of the 
succeeding fiscal year.’’. 
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(e) MAXIMUM DURATION OF ELIGIBILITY.—Section 
401(c) is amended by adding at the end the following new 
paragraph: 
‘‘(5) The period during which a student may receive 
Federal Pell Grants shall not exceed the equivalent of 18 
semesters or 27 quarters in duration, as determined by 
the Secretary by regulation. Such regulations shall pro-
vide, with respect to a student who received a Federal Pell 
Grant for a semester or quarter but was enrolled at a frac-
tion of full-time, that only that same fraction of such se-
mester or quarter shall count towards such duration lim-
its. The provisions of this paragraph shall apply only to 
a student who receives a Federal Pell Grant for the first 
time on or after July 1, 2008.’’. 
(f) CALCULATION OF FEDERAL PELL GRANT ELIGI-
BILITY.— 
(1) AMENDMENT.—Section 401(f) of the High-
er Education Act of 1965 (20 U.S.C. 1070a(f)) is 
amended by adding at the end the following new 
paragraph: 
‘‘(4)(A) Notwithstanding paragraph (1) or any 
other provision of this section, the expected family 
contribution of each student described in subpara-
graph (B) shall be deemed to be zero for the period 
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during which each such student is eligible to receive 
a Federal Pell Grant under subsection (c). 
‘‘(B) Subparagraph (A) shall apply to any stu-
dent at an institution of higher education— 
‘‘(i) whose parent or guardian was a mem-
ber of the Armed Forces of the United States 
who died as a result of performing military 
service in Iraq or Afghanistan after September 
11, 2001; and 
‘‘(ii) who was 18 years or less, or was en-
rolled as a full-time or part-time student at an 
institution of higher education, as of the time 
of the parent or guardian’s death.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to Federal 
Pell Grants awarded for academic year 2009–2010, 
and each succeeding academic year. 
(g) ACADEMIC COMPETITIVENESS GRANTS.—Section 
401A (as amended by section 8003 of Public Law 109– 
171)— 
(1) in subsection (b), by striking ‘‘academic’’ 
each place it appears; 
(2) in subsection (c)— 
(A) in the matter preceding paragraph 
(1)— 
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(i) by striking ‘‘academic’’ and insert-
ing ‘‘award’’; and 
(ii) by striking ‘‘full–time’’; and 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1) is an eligible student under section 484, 
including being enrolled or accepted for enrollment 
in a degree, certificate, or other eligible program 
leading to a recognized educational credential at an 
institution of higher education;’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘academic’’ each place 
it appears; 
(ii) by striking ‘‘established by a State 
or local educational agency and recognized 
as such by the Secretary’’ each place it ap-
pears in subparagraphs (A)(i) and (B)(i) 
and inserting ‘‘that prepares students for 
college and work beyond the basic gradua-
tion requirements and that is recognized as 
such by the designated State official, or 
with respect to any private school or home 
school, the designated school official for 
such school, consistent with State law’’; 
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(iii) in subparagraph (A)(ii), by in-
serting ‘‘, except as part of a secondary 
school program of study’’ before the semi-
colon; 
(iv) in subparagraph (C)— 
(I) by striking clause (i)(II) and 
inserting the following: 
‘‘(II) a critical foreign language; 
and’’; and 
(II) in clause (ii), by striking the 
period at the end and inserting ‘‘; 
and’’; and 
(v) by adding at the end the following: 
‘‘(D) the third or fourth year of a program 
of undergraduate education at an institution of 
higher education (as defined in section 101(a)) 
that demonstrates, to the satisfaction of the 
Secretary, that the institution— 
‘‘(i) offers a single liberal arts cur-
riculum leading to a baccalaureate degree, 
under which students are not permitted by 
the institution to declare a major in a par-
ticular subject area, and those students— 
‘‘(I) study, in such years, a sub-
ject described in subparagraph (C)(i) 
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that is at least equal to the require-
ments for an academic major at an in-
stitution of higher education that of-
fers a baccalaureate degree in such 
subject, as certified by an appropriate 
official from the institution; or 
‘‘(II) has obtained a cumulative 
grade point average of at least 3.0 (or 
the equivalent as determined under 
regulations prescribed by the Sec-
retary) in the relevant coursework; 
and 
‘‘(ii) offered such curriculum prior to 
February 8, 2006.’’; 
(3) in subsection (d)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by inserting ‘‘for one 
academic year during the student’s first 
year of enrollment’’ after ‘‘$750’’; 
(ii) in clause (ii), by inserting ‘‘for one 
academic year during the student’s second 
year of enrollment’’ after ‘‘$1,300’’; and 
(iii) in clause (iii)— 
(I) by inserting ‘‘for one aca-
demic year’’ after ‘‘$4,000’’; and 
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(II) 
by 
striking 
‘‘subsection 
(c)(3)(C).’’ and inserting ‘‘subpara-
graph (C) or (D) of subsection (c)(3), 
for each of the 2 years described in 
such subparagraphs; or’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘an academic’’ 
and inserting ‘‘a’’; and 
(II) by striking ‘‘(B), or (C)’’ 
and inserting ‘‘(B), (C), or (D)’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘or’’ at the end of 
clause (ii); and 
(II) by striking clause (iii) and 
inserting the following: 
‘‘(iii) two academic years under sub-
section (c)(3)(C); or 
‘‘(iv) two academic years under sub-
section (c)(3)(D).’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) ADJUSTMENT FOR LESS THAN FULL-TIME 
ENROLLMENT.—A grant awarded under this section 
to an eligible student who attends an eligible institu-
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tion on a less than full-time (but at least half-time 
or more) basis shall be reduced in the same propor-
tion as would a Federal Pell Grant pursuant to sec-
tion 401(b)(2)(B).’’; and 
(4) in subsection (g), by striking ‘‘academic’’ 
and inserting ‘‘award’’. 
SEC. 402. FEDERAL TRIO PROGRAMS. 
(a) PROGRAM AUTHORITY; AUTHORIZATION OF AP-
PROPRIATIONS.—Section 402A (20 U.S.C. 1070a–11) is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘community-based or-
ganizations with experience in serving dis-
advantaged youth’’ after ‘‘private agencies 
and organizations’’; and 
(ii) by striking ‘‘in exceptional cir-
cumstances,’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘4’’ and inserting 
‘‘5’’; and 
(ii) by amending subparagraph (A) to 
read as follows: 
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‘‘(A) to synchronize the awarding of grants 
for programs under this chapter, the Secretary 
may, under such terms as are consistent with 
the purposes of this chapter, provide a one- 
time, limited extension of the length of such an 
award;’’; and 
(C) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) MINIMUM GRANTS.—Unless the institution 
or agency requests a smaller amount, an individual 
grant authorized under this chapter shall be award-
ed in an amount that is not less than $200,000, ex-
cept that an individual grant authorized under sec-
tion 402G shall be awarded in an amount that is not 
less than $170,000.’’; 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) by striking ‘‘(2) PRIOR
EXPERI-
ENCE.—In’’ and inserting the following: 
‘‘(2) CONSIDERATIONS.—(A) PRIOR
EXPERI-
ENCE.—In’’; 
(ii) by striking ‘‘service delivery’’ and 
inserting ‘‘high quality service delivery, as 
determined under subsection (f),’’; and 
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(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(B) PARTICIPANT NEED.—In making grants 
under this chapter, the Secretary shall consider the 
number, percentages, and needs of eligible partici-
pants in the area, college, or school or schools to be 
served to aid such participants in preparing for, en-
rolling in, or succeeding in college, as appropriate to 
the particular program for which the eligible entity 
is applying.’’; 
(B) in paragraph (3)(B), by striking ‘‘is 
not required to’’ and inserting ‘‘shall not’’; 
(C) in paragraph (5), by striking ‘‘cam-
puses’’ and inserting ‘‘different campuses’’; and 
(D) in paragraph (6), by adding at the end 
the following new sentence: ‘‘The Secretary 
shall require each applicant for funds under the 
programs authorized by this chapter to identify 
services to foster care youth (including youth in 
foster care and youth who have left foster care 
after reaching age 16) as a permissible service 
in those programs, and to ensure that such 
youth receive supportive services, including 
mentoring, tutoring, and other services provided 
by those programs.’’; 
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(3) in subsection (e)— 
(A) by striking ‘‘(g)(2)’’ each place it ap-
pears and inserting ‘‘(h)(4)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) Notwithstanding this subsection and subsection 
(i)(4), individuals who are homeless or unaccompanied 
youth as defined in section 725 of the McKinney-Vento 
Homeless Assistance Act shall be eligible to participate in 
programs under sections 402B, 402C, 402D, and 402F 
of this chapter.’’; 
(4) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; 
(5) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) OUTCOME CRITERIA.— 
‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINA-
TION.—The Secretary shall use the outcome criteria 
described in paragraphs (2) and (3) to evaluate the 
programs provided by a recipient of a grant under 
this chapter, and the Secretary shall determine an 
eligible entity’s prior experience of high quality serv-
ice delivery, as required under subsection (c)(2), 
based on the outcome criteria. 
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‘‘(2) DISAGGREGATION OF RELEVANT DATA.— 
The outcome criteria under this subsection shall be 
disaggregated by low-income students, first genera-
tion college students, and individuals with disabil-
ities, in the schools and institutions of higher edu-
cation served by the program to be evaluated. 
‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The 
outcome criteria under this subsection shall measure, 
annually and for longer periods, the quality and ef-
fectiveness of programs authorized under this chap-
ter and shall include the following: 
‘‘(A) For programs authorized under sec-
tion 402B, the extent to which the eligible enti-
ty met or exceeded the entity’s objectives estab-
lished in the entity’s application for such pro-
gram regarding— 
‘‘(i) the delivery of service to a total 
number of students served by the program; 
‘‘(ii) the continued secondary school 
enrollment of such students; 
‘‘(iii) the graduation of such students 
from secondary school; 
‘‘(iv) the completion by such students 
of a rigorous secondary school program of 
study that will make them eligible for pro-
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grams such as the Academic Competitive-
ness Grants; and 
‘‘(v) the enrollment of such students 
in an institution of higher education. 
‘‘(B) For programs authorized under sec-
tion 402C, the extent to which the eligible enti-
ty met or exceeded the entity’s objectives for 
such program regarding— 
‘‘(i) the delivery of service to a total 
number of students served by the program, 
as agreed upon by the entity and the Sec-
retary for the period; 
‘‘(ii) such students’ school perform-
ance, as measured by the grade point aver-
age, or its equivalent; 
‘‘(iii) such students’ academic per-
formance, as measured by standardized 
tests, including tests required by the stu-
dents’ State; 
‘‘(iv) the retention in, and graduation 
from, secondary school of such students; 
‘‘(v) the completion by such students 
of a rigorous secondary school program of 
study that will make them eligible for pro-
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grams such as the Academic Competitive-
ness Grants; and 
‘‘(vi) the enrollment of such students 
in an institution of higher education. 
‘‘(C) For programs authorized under sec-
tion 402D— 
‘‘(i) the extent to which the eligible 
entity met or exceeded the entity’s objec-
tives regarding the retention in postsec-
ondary education of the students served by 
the program; 
‘‘(ii)(I) in the case of an entity that is 
an institution of higher education offering 
a baccalaureate degree, the extent to which 
the percentage of students served by the 
program who completed degree programs 
met or exceeded the entity’s objectives; or 
‘‘(II) in the case of an entity that is 
an institution of higher education that does 
not offer a baccalaureate degree, the extent 
to which the students served by the entity 
met or exceeded s objectives regarding— 
‘‘(aa) the completion of a degree 
or certificate; and 
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‘‘(bb) the transfer to institutions 
of higher education that offer bacca-
laureate degrees; 
‘‘(iii) the extent to which the entity 
met or exceeded the entity’s objectives re-
garding the delivery of service to a total 
number of students, as agreed upon by the 
entity and the Secretary for the period; 
and 
‘‘(iv) the extent to which the entity 
met or exceeded the entity’s objectives re-
garding such students remaining in good 
academic standing. 
‘‘(D) For programs authorized under sec-
tion 402E, the extent to which the entity met 
or exceeded the entity’s objectives for such pro-
gram regarding— 
‘‘(i) the delivery of service to a total 
number of students, as agreed upon by the 
entity and the Secretary for the period; 
‘‘(ii) the provision of appropriate 
scholarly and research activities for the 
students served by the program; 
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‘‘(iii) the acceptance and enrollment 
of such students in graduate programs; 
and 
‘‘(iv) the continued enrollment of such 
students in graduate study and the attain-
ment of doctoral degrees by former pro-
gram participants. 
‘‘(E) For programs authorized under sec-
tion 402F, the extent to which the entity met 
or exceeded the entity’s objectives for such pro-
gram regarding— 
‘‘(i) the enrollment of students with-
out a secondary school diploma or its rec-
ognized equivalent, who were served by the 
program, in programs leading to such di-
ploma or equivalent; 
‘‘(ii) the enrollment of secondary 
school graduates who were served by the 
program in programs of postsecondary 
education; 
‘‘(iii) the delivery of service to a total 
number of students, as agreed upon by the 
entity and the Secretary for the period; 
and 
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‘‘(iv) the provision of assistance to 
students served by the program in com-
pleting financial aid applications and col-
lege admission applications. 
‘‘(4) MEASUREMENT OF PROGRESS.—In order 
to determine the extent to which an outcome cri-
terion described in paragraph (2) or (3) is met or 
exceeded, the Secretary shall compare the agreed 
upon target for the criterion, as established in the 
eligible entity’s application approved for funding by 
the Secretary, with the results for the criterion, 
measured as of the last day of the applicable time 
period for the determination for each outcome cri-
teria. 
‘‘(5) APPEALS.—(A) Upon a determination by 
the Secretary not to accept an application, or upon 
a determination by the Secretary through the peer 
review process as specified in subsection (c)(4) not 
to fund an application, for any program under this 
chapter, the Secretary shall allow such applicant to 
appeal the funding decision. An applicant may sub-
mit a written request for reconsideration of the ap-
plication, with appropriate documentary evidence, to 
the Secretary. 
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‘‘(B) For appeals regarding the awarding of 
points for prior experience of high quality service de-
livery or a decision not to read an application or any 
mishandling of such application, a panel of three 
Department employees appointed by the Secretary 
shall review each request for reconsideration. The 
panel shall review the request for the purpose of 
identifying any technical errors or administrative 
problems with the scoring of the application, the 
awarding of prior experience points, or the handling 
of the application, including any decision not to read 
an application. The panel shall make its rec-
ommendations to the Secretary in writing. 
‘‘(C) For appeals regarding scoring decisions by 
the peer review panel, the Secretary shall refer the 
application to a second peer review panel. 
‘‘(D) In each instance, after the Secretary or 
the Secretary’s designee considers the recommenda-
tions of the panel and makes a final decision, the 
Secretary shall notify each entity requesting recon-
sideration under this paragraph regarding the status 
of their appeal within 90 days after the date the ap-
plicant submitted the appeal.’’; 
(6) in subsection (g) (as redesignated by para-
graph (4))— 
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(A) in the first sentence, by striking 
‘‘$700,000,000 for fiscal year 1999’’ and all 
that follows through the period and inserting 
‘‘$950,000,000 for fiscal year 2009 and such 
sums for each of the 4 succeeding fiscal years.’’; 
and 
(B) by striking the fourth sentence; and 
(7) in subsection (h) (as redesignated by para-
graph (4))— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as paragraphs (3) through (6), re-
spectively; 
(B) by inserting before paragraph (3) (as 
redesignated by subparagraph (A)) the fol-
lowing: 
‘‘(1) DIFFERENT CAMPUS.—The term ‘different 
campus’ means a site of an institution of higher edu-
cation that— 
‘‘(A) is geographically apart from the main 
campus of the institution; 
‘‘(B) is permanent in nature; and 
‘‘(C) offers courses in educational pro-
grams leading to a degree, certificate, or other 
recognized educational credential. 
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‘‘(2) DIFFERENT POPULATION.—The term ‘dif-
ferent population’ means a group of individuals that 
an eligible entity desires to serve through an applica-
tion for a grant under this chapter, and that— 
‘‘(A) is separate and distinct from any 
other population that the entity has applied for 
a grant under this chapter to serve; or 
‘‘(B) while sharing some of the same needs 
as another population that the eligible entity 
has applied for a grant under this chapter to 
serve, has distinct needs for specialized serv-
ices.’’; 
(C) in paragraph (5) (as redesignated by 
subparagraph (A))— 
(i) in subparagraph (A)— 
(I) by striking ‘‘, any part of 
which occurred after January 31, 
1955,’’; and 
(II) by striking ‘‘or’’ after the 
semicolon; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘after January 
31, 1955,’’; and 
(II) by striking the period at the 
end and inserting a semicolon; and 
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(iii) by adding at the end the fol-
lowing: 
‘‘(C) was a member of a reserve component 
of the Armed forces called to active duty for a 
period of more than 180 days; or 
‘‘(D) was a member of a reserve compo-
nent of the Armed Forces who served on active 
duty in support of a contingency operation (as 
that term is defined in section 101(a)(13) of 
title 10, United States Code) on or after Sep-
tember 11, 2001.’’; and 
(D) in paragraph (6), by striking ‘‘sub-
paragraph (A) or (B) of paragraph (3)’’ and in-
serting ‘‘subparagraph (A), (B), or (C) of para-
graph (5)’’. 
(b) TALENT SEARCH.—Section 402B(b)(10) (20 
U.S.C. 1070a–12(b)(10)) is amended by inserting ‘‘, 
groups of persons from disadvantaged backgrounds that 
have particular lower educational access or outcomes, or 
disconnected students’’ after ‘‘limited English pro-
ficiency’’. 
(c) UPWARD BOUND.—Section 402C (20 U.S.C. 
1070a–13) is amended— 
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(1) in subsection (b)(11), by inserting ‘‘, includ-
ing mathematics and science preparation,’’ after 
‘‘special services’’; 
(2) in subsection (b)(12), by inserting ‘‘, groups 
of persons from disadvantaged backgrounds that 
have particular lower educational access or out-
comes, or disconnected students’’ after ‘‘limited 
English proficiency’’; and 
(3) by adding at the end the following: 
‘‘(f) ABSOLUTE PRIORITY PROHIBITED IN UPWARD 
BOUND PROGRAM.—Upon enactment of this subsection 
and except as otherwise expressly provided by amendment 
to this section, the Secretary shall not continue implement 
or enforce the absolute priority for Upward Bound Pro-
gram published by the Department of Education in the 
Federal Register on September 22, 2006 (71 Fed. Reg. 
55447 et seq.). This subsection shall not be applied retro-
actively. In implementing this subsection, the Department 
shall allow the programs and participants chosen in the 
grant cycle to which the priority applies to continue their 
grants and participation without a further recompetition. 
The entities shall not be required to apply the absolute 
priority conditions or restrictions to future participants.’’. 
(d) 
STUDENT
SUPPORT
SERVICES.—Section 
402D(b)(10) (20 U.S.C. 1070a–14(b)(10)) is amended by 
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inserting ‘‘, groups of persons from disadvantaged back-
grounds that have particular lower educational access or 
outcomes, or disconnected students’’ after ‘‘limited 
English proficiency’’. 
(e) AMENDMENT TO POSTBACCALAUREATE ACHIEVE-
MENT PROGRAM.—Section 402E(c)(2) (20 U.S.C. 1070a– 
15(c)(2)) is amended by inserting ‘‘, including Native Ha-
waiians, as defined section 317(b)(3), and Pacific Island-
ers’’ after ‘‘graduate education’’. 
(f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 
402F(b)(10) (20 U.S.C. 1070a–16(b)(10)) is amended by 
inserting ‘‘, groups of persons from disadvantaged back-
grounds that have particular lower educational access or 
outcomes, or disconnected students’’ after ‘‘limited 
English proficiency’’. 
(g) STAFF
DEVELOPMENT
ACTIVITIES.—Section 
402G(b) (20 U.S.C. 1070a–17(b)) is amended by adding 
at the end the following new paragraph: 
‘‘(5) Strategies for recruiting and serving hard- 
to-reach populations, including students of limited 
English proficiency, groups of persons from dis-
advantaged backgrounds that have particular lower 
educational access or outcomes, disconnected stu-
dents, and students with disabilities.’’. 
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(h) REPORTS, EVALUATIONS, AND GRANTS
FOR 
PROJECT IMPROVEMENT AND DISSEMINATION.—Section 
402H (20 U.S.C. 1070a–18) is amended— 
(1) by striking the section heading and insert-
ing ‘‘REPORTS, EVALUATIONS, AND
GRANTS 
FOR PROJECT IMPROVEMENT AND DISSEMINA-
TION.’’; 
(2) by redesignating subsections (a) through (c) 
as subsections (b) through (d), respectively; 
(3) by inserting before subsection (b) (as redes-
ignated by paragraph (2)) the following: 
‘‘(a) REPORTS
TO
THE
AUTHORIZING
COMMIT-
TEES.—The Secretary shall submit annually to the au-
thorizing committees a report that documents the per-
formance of all programs funded under this chapter. The 
report shall— 
‘‘(1) be submitted not later than 24 months 
after the eligible entities receiving funds under this 
chapter are required to report their performance to 
the Secretary; 
‘‘(2) focus on the programs’ performance on the 
relevant outcome criteria determined under section 
402A(f)(4); 
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‘‘(3) aggregate individual project performance 
data on the outcome criteria in order to provide na-
tional performance data for each program; 
‘‘(4) include, when appropriate, descriptive 
data, multi-year data, and multi-cohort data; and 
‘‘(5) include comparable data on the perform-
ance nationally of low-income students, first-genera-
tion students, and students with disabilities.’’; and 
(4) in subsection (b) (as redesignated by para-
graph (2)), by striking paragraph (2) and inserting 
the following: 
‘‘(2) PRACTICES.— 
‘‘(A) IN
GENERAL.—The evaluations de-
scribed in paragraph (1) shall identify institu-
tional, community, and program or project 
practices that are particularly effective in— 
‘‘(i) enhancing the access of low-in-
come individuals and first-generation col-
lege students to postsecondary education; 
‘‘(ii) the preparation of the individuals 
and students for postsecondary education; 
and 
‘‘(iii) fostering the success of the indi-
viduals and students in postsecondary edu-
cation. 
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‘‘(B) PRIMARY PURPOSE.—Any evaluation 
conducted under this chapter shall have as its 
primary purpose the identification of particular 
practices that further the achievement of the 
outcome criteria determined under section 
402A(f)(4). 
‘‘(C) DISSEMINATION AND USE OF EVAL-
UATION
FINDINGS.—The Secretary shall dis-
seminate to eligible entities and make available 
to the public the practices identified under sub-
paragraph (B). Such practices may be used by 
eligible entities that receive assistance under 
this chapter after the dissemination. 
‘‘(3) RECRUITMENT.—The Secretary shall not 
require an eligible entity desiring to receive assist-
ance under this chapter to recruit students to serve 
as a control group for purposes of evaluating any 
program or project assisted under this chapter. 
‘‘(4) CONSIDERATION.—When designing an 
evaluation under this subsection, the Secretary shall 
consider— 
‘‘(A) the burden placed upon the program 
participants or the eligible entity; and 
‘‘(B) approval by the institution’s institu-
tional review board.’’. 
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SEC. 403. GEARUP AMENDMENTS. 
(a) ELIGIBLE
STUDENTS.—Section 404A(a) (20 
U.S.C. 1070a–21(a)) is amended— 
(1) in paragraph (1), by inserting ‘‘, including 
students with disabilities,’’ after ‘‘low-income stu-
dents’’; and 
(2) in paragraph (2)(A), by inserting ‘‘, includ-
ing students with disabilities,’’ after ‘‘secondary 
school students’’. 
(b) AWARD PERIOD; PRIORITY.—Section 404A(b) 
(20 U.S.C. 1070a–21(b)) is amended by striking para-
graph (2) and inserting the following: 
‘‘(2) AWARD
PERIOD.—The Secretary may 
award a grant under this chapter to an eligible enti-
ty described in paragraphs (1) and (2) of subsection 
(c) for 7 years. 
‘‘(3) PRIORITY.—In making awards to eligible 
entities described in subsection (c)(1), the Secretary 
shall— 
‘‘(A) give priority to eligible entities that— 
‘‘(i) on the day before the date of en-
actment of the College Opportunity and 
Affordability Act of 2008, carried out suc-
cessful educational opportunity programs 
under this chapter (as this chapter was in 
effect on such day); and 
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‘‘(ii) have a prior, demonstrated com-
mitment to early intervention leading to 
college access through collaboration and 
replication of successful strategies; and 
‘‘(B) ensure that students served under 
this chapter on the day before the date of en-
actment of the College Opportunity and Afford-
ability Act of 2008 continue to receive assist-
ance through the completion of secondary 
school.’’. 
(c) REQUIREMENTS: CONTINUITY OF SERVICES.— 
(1) COHORT
APPROACH.—Section 404B(g)(1) 
(20 U.S.C. 1070a–22(g)(1)) is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(B) in subparagraph (B)— 
(i) by inserting ‘‘and provide the op-
tion of continued services through the stu-
dent’s first year of attendance at an insti-
tution of higher education’’ after ‘‘grade 
level’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
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‘‘(C) provide services under this chapter to 
students who have received services under a 
previous GEAR UP grant award but have not 
yet completed the 12th grade.’’. 
(2) EARLY INTERVENTION.—Section 404D (20 
U.S.C. 1070a–24) is amended— 
(A) in subsection (a)(1)(B)— 
(i) by striking ‘‘and’’ at the end of 
clause (ii); 
(ii) by striking the period at the end 
of clause (iii) and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iv) the transition to college or post-
secondary education through continuity of 
services to support students in and 
through the first year of attendance at an 
institution of higher education.’’; 
(B) in subsection (b)(2)(A)— 
(i) by inserting ‘‘and students in the 
first year of attendance at an institution of 
higher education’’ after ‘‘grade 12’’; 
(ii) by striking ‘‘and’’ at the end of 
clause (i); 
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(iii) by striking the period at the end 
of clause (ii) and inserting ‘‘; and’’; and 
(iv) by adding at the end the following 
new clause: 
‘‘(iii) may include special programs or 
tutoring in science, technology, engineer-
ing, or mathematics.’’; and 
(C) in subsection (c)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘grade 12 who is eligible’’ 
and inserting ‘‘grade 12, and may consider 
a student in the first year of attendance at 
an institution, who is’’; 
(ii) in paragraph (1), by inserting ‘‘el-
igible’’ before ‘‘to be counted’’; 
(iii) in paragraph (2), by inserting 
‘‘eligible’’ before ‘‘for free’’, and by strik-
ing ‘‘or’’; 
(iv) in paragraph (3), by inserting ‘‘el-
igible’’ before ‘‘for assistance’’, and by 
striking the period and inserting ‘‘; or’’; 
and 
(v) by adding at the end the following 
new paragraph: 
‘‘(4) a disconnected student.’’. 
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(d) FLEXIBILITY IN MEETING MATCHING REQUIRE-
MENTS.—Section 404C (20 U.S.C. 1070a–23) is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (1)(A), by inserting ‘‘and 
accrued over the full duration of the grant 
award period’’ after ‘‘in cash or in kind’’; 
(B) in paragraph (2), by adding at the end 
the following new sentence: ‘‘Eligible entities 
may request a reduced match percentage at the 
time of application or by petition subsequent to 
a grant award, provided that an eligible entity 
can demonstrate a change in circumstances that 
was unknown at the time of application.’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) ADDITIONAL SPECIAL RULE.—To encour-
age eligible entities described in 404A(c) to provide 
students under this chapter with financial assistance 
for postsecondary education, each dollar of non-Fed-
eral funds obligated under subsection (c)(1) and 
(c)(2) shall, for purposes of paragraph (1)(A) of this 
subsection, be treated as 2 dollars.’’; and 
(2) in subsection (c)— 
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(A) in paragraph (1), by striking ‘‘paid to 
students from State, local, institutional, or pri-
vate funds under this chapter’’ and inserting 
‘‘obligated to students from State, local, institu-
tional, or private funds under this chapter, in-
cluding pre-existing , non-Federal financial as-
sistance programs’’; 
(B) by striking ‘‘and’’ at the end of para-
graph (2); 
(C) by striking the period at the end of 
paragraph (3) and inserting ‘‘; and’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(4) other resources recognized by the Sec-
retary, including equipment and supplies, cash con-
tribution from non-Federal sources, transportation 
expenses, in-kind or discounted program services, in-
direct costs, and facility usage.’’. 
(e) EARLY
INTERVENTION.—Section 404D (20 
U.S.C. 1070a–24) is amended— 
(1) in subsection (b)(2)(A)(ii), by striking ‘‘and 
academic counseling’’ and inserting ‘‘, academic 
counseling, and financial literacy and economic lit-
eracy education or counseling’’; 
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(2) in subsection (b)(2), by adding at the end 
the following new subparagraphs: 
‘‘(F) Fostering and improving parent and 
family involvement in elementary and secondary 
education by promoting the advantages of a col-
lege education, and emphasizing academic ad-
mission requirements and the need to take col-
lege preparation courses, through parent en-
gagement and leadership activities. 
‘‘(G) Engaging entities described in section 
404A(c)(2)(C) in a collaborative manner to pro-
vide matching resources and participate in 
other activities authorized under this section. 
‘‘(H) Disseminating information that pro-
motes the importance of higher education, ex-
plains college preparation and admission re-
quirements, and raises awareness of the re-
sources and services provided by the eligible en-
tities described in section 404A(c) to eligible 
students, their families, and communities.’’; and 
(3) by adding at the end of subsection (b) the 
following new paragraph: 
‘‘(3) ADDITIONAL PERMISSIBLE ACTIVITIES FOR 
STATES.—In meeting the requirements of subsection 
(a), an eligible entity described in section 404A(c) 
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(1) receiving funds under this chapter may, in addi-
tion to the activities authorized by paragraph (2) of 
this subsection, use funds to provide technical assist-
ance to— 
‘‘(A) middle schools or secondary schools 
that are located within the State; or 
‘‘(B) partnerships described in section 
404A(c)(2) that are located within the State.’’. 
(f) SCHOLARSHIP COMPONENT.—Section 404E(b)(2) 
(20 U.S.C. 1070a–25) is amended by striking ‘‘the max-
imum Federal Pell Grant’’ and inserting ‘‘the minimum 
Federal Pell Grant’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 
404H (20 U.S.C. 1070a–31) is amended by striking 
‘‘$200,000,000 for fiscal year 1999 and such sums as may 
be necessary for each of the 4 succeeding fiscal years’’ and 
inserting ‘‘$400,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of the 4 succeeding 
fiscal years’’. 
SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLAR-
SHIPS. 
Chapter 3 of subpart 2 of part A of title IV (20 
U.S.C. 1070a–31 et seq.) is repealed. 
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SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPOR-
TUNITY GRANTS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by strik-
ing ‘‘$675,000,000 for fiscal year 1999’’ and inserting 
‘‘$875,000,000 for fiscal year 2009’’. 
(b) ALLOWANCE FOR BOOKS AND SUPPLIES.—Sec-
tion 413D(c)(3)(D) (20 U.S.C. 1070b–3(c)(3)(D)) is 
amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 
SEC. 406. GRANTS FOR ACCESS AND PERSISTENCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
415A(b) (20 U.S.C. 1070c(b)) is amended by striking 
paragraphs (1) and (2) and inserting the following: 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this subpart $200,000,000 
for fiscal year 2009 and such sums as may be nec-
essary for each of the 4 succeeding fiscal years. 
‘‘(2) RESERVATION.—For any fiscal year for 
which the amount appropriated under paragraph (1) 
exceeds $30,000,000, the excess amount shall be 
available to carry out section 415E.’’. 
(b) APPLICATIONS FOR LEVERAGING EDUCATIONAL 
ASSISTANCE PARTNERSHIP PROGRAMS.—Section 415C(b) 
(20 U.S.C. 1070c–2(b)) is amended— 
(1) in paragraph (2), by striking ‘‘$5,000’’ and 
inserting ‘‘$12,500’’; 
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(2) in paragraph (9), by striking ‘‘and’’ after 
the semicolon; 
(3) in paragraph (10), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(11) provides notification to eligible students 
that such grants are— 
‘‘(A) Leveraging Educational Assistance 
Partnership Grants; and 
‘‘(B) funded by the Federal Government 
and the State.’’. 
(c) GRANTS FOR ACCESS AND PERSISTENCE.—Sec-
tion 415E (20 U.S.C. 1070c–3a) is amended to read as 
follows: 
‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
expand college access and increase college persistence by 
making allotments to States to enable the States to— 
‘‘(1) expand and enhance partnerships with in-
stitutions of higher education, early information and 
intervention, mentoring, or outreach programs, pri-
vate corporations, philanthropic organizations, and 
other interested parties to carry out activities under 
this section and to provide coordination and cohesion 
among Federal, State, and local governmental and 
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private efforts that provide financial assistance to 
help low-income students attend college; 
‘‘(2) provide need-based access and persistence 
grants to eligible low-income students; 
‘‘(3) provide early notification to low-income 
students of their eligibility for financial aid; and 
‘‘(4) encourage increased participation in early 
information and intervention, mentoring, or outreach 
programs. 
‘‘(b) ALLOTMENTS TO STATES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION.—From sums re-
served under section 415A(b)(2) for each fiscal 
year, the Secretary shall make an allotment to 
each State that submits an application for an 
allotment in accordance with subsection (c) to 
enable the State to pay the Federal share of the 
cost of carrying out the activities under sub-
section (d). 
‘‘(B) DETERMINATION OF ALLOTMENT.— 
In making allotments under subparagraph (A), 
the Secretary shall consider the following: 
‘‘(i) CONTINUATION OF AWARD.—If a 
State continues to meet the specifications 
established in its application under sub-
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section (c), the Secretary shall make an al-
lotment to such State that is not less than 
the allotment made to such State for the 
previous fiscal year. 
‘‘(ii) PRIORITY.—The Secretary shall 
give priority in making allotments to 
States that meet the requirements under 
paragraph (2)(B)(ii). 
‘‘(2) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—The Federal share of 
the cost of carrying out the activities under 
subsection (d) for any fiscal year shall not ex-
ceed 66.66 percent. 
‘‘(B) 
DIFFERENT
PERCENTAGES.—The 
Federal share under this section shall be deter-
mined in accordance with the following: 
‘‘(i) The Federal share of the cost of 
carrying out the activities under subsection 
(d) shall be equal to 57 percent if a State 
applies for an allotment under this section 
in partnership with any number of degree- 
granting institutions of higher education in 
the State whose combined full-time enroll-
ment represents less than a majority of all 
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students attending institutions of higher 
education in the State, and— 
‘‘(I) philanthropic organizations 
that are located in, or that provide 
funding in, the State; or 
‘‘(II) private corporations that 
are located in, or that do business in, 
the State. 
‘‘(ii) The Federal share of the cost of 
carrying out the activities under subsection 
(d) shall be equal to 66.66 percent if a 
State applies for an allotment under this 
section in partnership with any number of 
degree-granting institutions of higher edu-
cation in the State whose combined full- 
time enrollment represents a majority of 
all students attending institutions of high-
er education in the State, and— 
‘‘(I) philanthropic organizations 
that are located in, or that provide 
funding in, the State; or 
‘‘(II) private corporations that 
are located in, or that do business in, 
the State. 
‘‘(C) NON-FEDERAL SHARE.— 
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‘‘(i) IN GENERAL.—The non-Federal 
share under this section may be provided 
in cash or in kind, fairly evaluated. 
‘‘(ii) IN
KIND
CONTRIBUTION.—For 
the purpose of calculating the non-Federal 
share under this subparagraph, an in kind 
contribution is a non-cash contribution 
that— 
‘‘(I) has monetary value, such as 
the provision of— 
‘‘(aa) room and board; or 
‘‘(bb) transportation passes; 
and 
‘‘(II) helps a student meet the 
cost of attendance at an institution of 
higher education. 
‘‘(iii) EFFECT ON NEEDS ANALYSIS.— 
For the purpose of calculating a student’s 
need in accordance with part F, an in kind 
contribution described in clause (ii) shall 
not be considered an asset or income of the 
student or the student’s parent. 
‘‘(c) APPLICATION FOR ALLOTMENT.— 
‘‘(1) IN GENERAL.— 
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‘‘(A) SUBMISSION.—A State that desires 
to receive an allotment under this section shall 
submit an application to the Secretary at such 
time, in such manner, and containing such in-
formation as the Secretary may require. 
‘‘(B) CONTENT.—An application submitted 
under subparagraph (A) shall include the fol-
lowing: 
‘‘(i) A description of the State’s plan 
for using the allotted funds. 
‘‘(ii) Assurances that the State will 
provide matching funds, in cash or in kind, 
from State, institutional, philanthropic, or 
private funds, of not less than 33.33 per-
cent of the cost of carrying out the activi-
ties under subsection (d). The State shall 
specify the methods by which matching 
funds will be paid. A State that uses non- 
Federal funds to create or expand existing 
partnerships with nonprofit organizations 
or community-based organizations in which 
such organizations match State funds for 
student scholarships, may apply such 
matching funds from such organizations 
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toward fulfilling the State’s matching obli-
gation under this clause. 
‘‘(iii) Assurances that early informa-
tion and intervention, mentoring, or out-
reach programs exist within the State or 
that there is a plan to make such pro-
grams widely available. 
‘‘(iv) A description of the organiza-
tional structure that the State has in place 
to administer the activities under sub-
section (d). 
‘‘(v) A description of the steps the 
State will take to ensure students who re-
ceive grants under this section persist to 
degree completion. 
‘‘(vi) Assurances that the State has a 
method in place, such as acceptance of the 
automatic zero expected family contribu-
tion determination described in section 
479(c), to identify eligible low-income stu-
dents and award State grant aid to such 
students. 
‘‘(vii) Assurances that the State will 
provide notification to eligible low-income 
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students that grants under this section 
are— 
‘‘(I) Leveraging Educational As-
sistance Partnership Grants; and 
‘‘(II) funded by the Federal Gov-
ernment and the State. 
‘‘(2) STATE AGENCY.—The State agency that 
submits an application for a State under section 
415C(a) shall be the same State agency that sub-
mits an application under paragraph (1) for such 
State. 
‘‘(3) PARTNERSHIP.—In applying for an allot-
ment under this section, the State agency shall apply 
for the allotment in partnership with— 
‘‘(A) not less than one public and one pri-
vate degree-granting institution of higher edu-
cation that are located in the State; 
‘‘(B) new or existing early information and 
intervention, mentoring, or outreach programs 
located in the State; and 
‘‘(C) not less than one— 
‘‘(i) philanthropic organization located 
in, or that provides funding in, the State; 
or 
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‘‘(ii) private corporation located in, or 
that does business in, the State. 
‘‘(4) ROLES OF PARTNERS.— 
‘‘(A) STATE
AGENCY.—A State agency 
that is in a partnership receiving an allotment 
under this section— 
‘‘(i) shall— 
‘‘(I) serve as the primary admin-
istrative unit for the partnership; 
‘‘(II) 
provide 
or 
coordinate 
matching funds, and coordinate activi-
ties among partners; 
‘‘(III) encourage each institution 
of higher education in the State to 
participate in the partnership; 
‘‘(IV) make determinations and 
early notifications of assistance as de-
scribed under subsection (d)(2); and 
‘‘(V) annually report to the Sec-
retary on the partnership’s progress 
in meeting the purpose of this section; 
and 
‘‘(ii) may provide early information 
and intervention, mentoring, or outreach 
programs. 
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‘‘(B) DEGREE-GRANTING INSTITUTIONS OF 
HIGHER EDUCATION.—A degree-granting insti-
tution of higher education (as defined in section 
102) that is in a partnership receiving an allot-
ment under this section— 
‘‘(i) shall— 
‘‘(I) recruit and admit partici-
pating qualified students and provide 
such additional institutional grant aid 
to participating students as agreed to 
with the State agency; 
‘‘(II) provide support services to 
students who receive an access and 
persistence grant under this section 
and are enrolled at such institution; 
and 
‘‘(III) assist the State in the 
identification of eligible students and 
the dissemination of early notifica-
tions of assistance as agreed to with 
the State agency; and 
‘‘(ii) may provide funding for early in-
formation and intervention, mentoring, or 
outreach programs or provide such services 
directly. 
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‘‘(C) PROGRAMS.—An early information 
and intervention, mentoring, or outreach pro-
gram that is in a partnership receiving an allot-
ment under this section shall provide direct 
services, support, and information to partici-
pating students. 
‘‘(D) PHILANTHROPIC
ORGANIZATION
OR 
PRIVATE CORPORATION.—A philanthropic orga-
nization or private corporation that is in a part-
nership receiving an allotment under this sec-
tion shall provide funds for access and persist-
ence grants for participating students, or pro-
vide funds or support for early information and 
intervention, mentoring, or outreach programs. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) 
ESTABLISHMENT
OF
PARTNER-
SHIP.—Each State receiving an allotment under 
this section shall use the funds to establish a 
partnership to award access and persistence 
grants to eligible low-income students in order 
to increase the amount of financial assistance 
such students receive under this subpart for un-
dergraduate education expenses. 
‘‘(B) AMOUNT.— 
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‘‘(i) PARTNERSHIPS
WITH
INSTITU-
TIONS SERVING LESS THAN A MAJORITY 
OF STUDENTS IN THE STATE.— 
‘‘(I) IN GENERAL.—In the case 
where a State receiving an allotment 
under this section is in a partnership 
described in subsection (b)(2)(B)(i), 
the amount of an access and persist-
ence grant awarded by such State 
shall be not less than the amount that 
is equal to the average undergraduate 
tuition and mandatory fees at 4-year 
public institutions of higher education 
in the State where the student resides 
and such amount shall be used toward 
the cost of attendance at an institu-
tion of higher education, located in 
the State, that is a partner in the 
partnership. 
‘‘(II) COST OF ATTENDANCE.—A 
State that has a program, apart from 
the partnership under this section, of 
providing eligible low-income students 
with grants that are equal to the aver-
age undergraduate tuition and man-
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datory fees at 4-year public institu-
tions of higher education in the State, 
may increase the amount of access 
and persistence grants awarded by 
such State up to an amount that is 
equal to the average cost of attend-
ance at 4-year public institutions of 
higher education in the State. 
‘‘(ii) PARTNERSHIP
WITH
INSTITU-
TIONS
SERVING
THE
MAJORITY
OF
STU-
DENTS IN THE STATE.—In the case where 
a State receiving an allotment under this 
section is in a partnership described in 
subsection (b)(2)(B)(ii), the amount of an 
access and persistence grant awarded by 
such State shall be not less than the aver-
age cost of attendance at 4-year public in-
stitutions of higher education in the State 
where the student resides and such amount 
shall be used by the student to attend an 
institution of higher education, located in 
the State, that is a partner in the partner-
ship. 
‘‘(2) EARLY NOTIFICATION.— 
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‘‘(A) IN GENERAL.—Each State receiving 
an allotment under this section shall annually 
notify low-income students (such as students 
who are eligible to receive a free lunch under 
the school lunch program established under the 
Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.)) in grade 7 through 
grade 12 in the State, and their families, of 
their potential eligibility for student financial 
assistance, including an access and persistence 
grant, to attend an institution of higher edu-
cation. 
‘‘(B) CONTENT OF NOTICE.—The notifica-
tion under subparagraph (A)— 
‘‘(i) shall include— 
‘‘(I) information about early in-
formation 
and 
intervention, 
men-
toring, or outreach programs available 
to the student; 
‘‘(II) information that a stu-
dent’s candidacy for an access and 
persistence grant is enhanced through 
participation in an early information 
and intervention, mentoring, or out-
reach program; 
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‘‘(III) an explanation that stu-
dent and family eligibility and partici-
pation in other Federal means-tested 
programs may indicate eligibility for 
an access and persistence grant and 
other student aid programs; 
‘‘(IV) a nonbinding estimation of 
the total amount of financial aid a 
low-income student with a similar in-
come level may expect to receive, in-
cluding an estimation of the amount 
of an access and persistence grant 
and an estimation of the amount of 
grants, loans, and all other available 
types of aid from the major Federal 
and State financial aid programs; 
‘‘(V) an explanation that in order 
to be eligible for an access and per-
sistence grant, at a minimum, a stu-
dent shall meet the requirement under 
paragraph (3), graduate from sec-
ondary school, and enroll at an insti-
tution of higher education that is a 
partner in the partnership; 
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‘‘(VI) information on any addi-
tional requirements (such as a student 
pledge detailing student responsibil-
ities) that the State may impose for 
receipt of an access and persistence 
grant under this section; and 
‘‘(VII) instructions on how to 
apply for an access and persistence 
grant and an explanation that a stu-
dent is required to file a Free Applica-
tion for Federal Student Aid author-
ized under section 483(a) to be eligi-
ble for such grant and assistance from 
other Federal and State financial aid 
programs; and 
‘‘(ii) may include a disclaimer that ac-
cess and persistence grant awards are con-
tingent upon— 
‘‘(I) a determination of the stu-
dent’s financial eligibility at the time 
of the student’s enrollment at an in-
stitution of higher education that is a 
partner in the partnership; 
‘‘(II) annual Federal and State 
appropriations; and 
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‘‘(III) other aid received by the 
student at the time of the student’s 
enrollment at an institution of higher 
education that is a partner in the 
partnership. 
‘‘(3) ELIGIBILITY.—In determining which stu-
dents are eligible to receive access and persistence 
grants, the State shall ensure that each such student 
complies with the following subparagraph (A) or 
(B): 
‘‘(A) Meets not less than 2 of the following 
criteria, with priority given to students meeting 
all of the following criteria: 
‘‘(i) Has an expected family contribu-
tion equal to zero (as described in section 
479) or a comparable alternative based 
upon the State’s approved criteria in sec-
tion 415C(b)(4). 
‘‘(ii) Has qualified for a free lunch, or 
at the State’s discretion a reduced price 
lunch, under the school lunch program es-
tablished under the Richard B. Russell Na-
tional School Lunch Act. 
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‘‘(iii) Qualifies for the State’s max-
imum undergraduate award, as authorized 
under section 415C(b). 
‘‘(iv) Is participating in, or has par-
ticipated in, a Federal, State, institutional, 
or community early information and inter-
vention, mentoring, or outreach program, 
as recognized by the State agency admin-
istering activities under this section. 
‘‘(B) Is receiving, or has received, an ac-
cess and persistence grant under this section, in 
accordance with paragraph (5). 
‘‘(4) GRANT AWARD.—Once a student, includ-
ing a student who has received early notification 
under paragraph (2) from the State, applies for ad-
mission to an institution that is a partner in the 
partnership, files a Free Application for Federal 
Student Aid and any related State form, and is de-
termined to be eligible by the State under paragraph 
(3), the State shall— 
‘‘(A) issue the student a preliminary access 
and persistence grant award certificate with 
tentative award amounts; and 
‘‘(B) inform the student that payment of 
the 
access 
and 
persistence 
grant 
award 
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amounts is subject to certification of enrollment 
and award eligibility by the institution of higher 
education. 
‘‘(5) DURATION OF AWARD.—An eligible stu-
dent that receives an access and persistence grant 
under this section shall receive such grant award for 
each year of such student’s undergraduate education 
in which the student remains eligible for assistance 
under this title, including pursuant to section 
484(c), and remains financially eligible as deter-
mined by the State, except that the State may im-
pose reasonable time limits to baccalaureate degree 
completion. 
‘‘(e) ADMINISTRATIVE COST ALLOWANCE.—A State 
that receives an allotment under this section may reserve 
not more than 3.5 percent of the funds made available 
annually through the allotment for State administrative 
functions required to carry out this section. 
‘‘(f) STATUTORY AND REGULATORY RELIEF FOR IN-
STITUTIONS
OF HIGHER EDUCATION.—The Secretary 
may grant, upon the request of an institution of higher 
education that is in a partnership described in subsection 
(b)(2)(B)(ii) and that receives an allotment under this sec-
tion, a waiver for such institution from statutory or regu-
latory requirements that inhibit the ability of the institu-
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tion to successfully and efficiently participate in the activi-
ties of the partnership. 
‘‘(g) APPLICABILITY RULE.—The provisions of this 
subpart which are not inconsistent with this section shall 
apply to the program authorized by this section. 
‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.— 
Each State receiving an allotment under this section for 
a fiscal year shall provide the Secretary an assurance that 
the aggregate amount expended per student or the aggre-
gate expenditures by the State, from funds derived from 
non-Federal sources, for the authorized activities de-
scribed in subsection (d) for the preceding fiscal year were 
not less than the amount expended per student or the ag-
gregate expenditure by the State for such activities for the 
second preceding fiscal year. 
‘‘(i) SPECIAL RULE.—Notwithstanding subsection 
(h), for purposes of determining a State’s share of the cost 
of the authorized activities described in subsection (d), the 
State shall consider only those expenditures from non- 
Federal sources that exceed its total expenditures for 
need-based grants, scholarships, and work-study assist-
ance for fiscal year 1999 (including any such assistance 
provided under this subpart). 
‘‘(j) REPORTS.—Not later than 3 years after the date 
of enactment of the College Opportunity and Affordability 
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Act of 2008, and annually thereafter, the Secretary shall 
submit a report describing the activities and the impact 
of the partnerships under this section to the authorizing 
committees.’’. 
(d) CONTINUATION AND TRANSITION.—During the 
2-year period commencing on the date of enactment of this 
Act, the Secretary shall continue to award grants under 
section 415E of the Higher Education Act of 1965 (20 
U.S.C. 1070c–3a), as such section existed on the day be-
fore the date of enactment of this Act, to States that 
choose to apply for grants under such predecessor section. 
(e) IMPLEMENTATION
AND EVALUATION.—Section 
491(j) (20 U.S.C. 1098(j)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ after 
the semicolon; 
(2) by redesignating paragraph (5) as para-
graph (6); and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) not later than 6 months after the date of 
enactment of the College Opportunity and Afford-
ability Act of 2008, advise the Secretary on means 
to implement the activities under section 415E, and 
the Advisory Committee shall continue to monitor, 
evaluate, 
and 
make 
recommendations 
on 
the 
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progress of partnerships that receive allotments 
under such section; and’’. 
SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAM-
ILIES ARE ENGAGED IN MIGRANT AND SEA-
SONAL FARMWORK. 
Section 418A (20 U.S.C. 1070d–2) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(B)(i), by striking 
‘‘parents’’ and inserting ‘‘immediate family’’; 
(B) in paragraph (3)(B), by inserting ‘‘(in-
cluding preparation for college entrance exami-
nations)’’ after ‘‘college program’’; 
(C) in paragraph (5), by striking ‘‘weekly’’; 
(D) in paragraph (7), by striking ‘‘and’’ 
after the semicolon; 
(E) in paragraph (8)— 
(i) by inserting ‘‘(such as transpor-
tation and child care)’’ after ‘‘services’’; 
and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(9) other activities to improve persistence and 
retention in postsecondary education.’’; 
(2) in subsection (c)— 
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(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘parents’’ and inserting ‘‘immediate fam-
ily’’; and 
(ii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by inserting ‘‘to improve place-
ment, persistence, and retention in 
postsecondary education,’’ after ‘‘serv-
ices’’; and 
(II) in clause (i), by striking 
‘‘and career’’ and inserting ‘‘career, 
and economic education or personal fi-
nance’’; 
(iii) in subparagraph (E), by striking 
‘‘and’’ after the semicolon; 
(iv) by redesignating subparagraph 
(F) as subparagraph (G); 
(v) by inserting after subparagraph 
(E) the following: 
‘‘(F) internships; and’’; and 
(vi) in subparagraph (G) (as redesig-
nated by clause (iv)), by striking ‘‘support 
services’’ and inserting ‘‘essential sup-
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portive services (such as transportation 
and child care)’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘and’’ after the semicolon; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘, and 
coordinating such services, assistance, and 
aid with other non-program services, as-
sistance, and aid, including services, assist-
ance, and aid provided by community- 
based organizations, which may include 
mentoring and guidance; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) for students attending 2-year institutions 
of higher education, encouraging the students to 
transfer to 4-year institutions of higher education, 
where appropriate, and monitoring the rate of trans-
fer of such students.’’; 
(3) in subsection (e), by striking ‘‘section 
402A(c)(1)’’ and inserting ‘‘section 402A(c)(2)’’; 
(4) in subsection (f)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$150,000’’ and inserting ‘‘$180,000’’; and 
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(B) 
in 
paragraph 
(2), 
by 
striking 
‘‘$150,000’’ and inserting ‘‘$180,000’’; 
(5) by redesignating subsections (g) and (h) as 
subsections (h) and (i), respectively; 
(6) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) RESERVATION AND ALLOCATION OF FUNDS.— 
From the amounts made available under subsection (i), 
the Secretary— 
‘‘(1) may reserve not more than a total of 1⁄2 
of 1 percent for outreach activities, technical assist-
ance, and professional development programs relat-
ing to the programs under subsection (a); and 
‘‘(2) shall, in awarding grants from the remain-
der of such amounts— 
‘‘(A) make available not less than 45 per-
cent of such remainder for the high school 
equivalency programs and not less than 45 per-
cent of such remainder for the college assist-
ance migrant programs; 
‘‘(B) award the rest of such remainder for 
either high school equivalency programs or col-
lege assistance migrant programs based on the 
number, quality, and promise of the applica-
tions; and 
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‘‘(C) consider the need to provide an equi-
table geographic distribution of such grants.’’; 
(7) by striking subsection (h) (as redesignated 
by paragraph (5)) and inserting the following: 
‘‘(h) DATA COLLECTION.—The Commissioner for 
Education Statistics shall— 
‘‘(1) annually collect data on persons receiving 
services authorized under this subpart regarding 
such persons rates of secondary school graduation, 
entrance into postsecondary education, and comple-
tion of postsecondary education; 
‘‘(2) not less often than once every 2 years, pre-
pare and submit to the authorizing committees a re-
port based on the most recently available data under 
paragraph (1) to the authorizing committees; and 
‘‘(3) make such report available to the public.’’; 
and 
(8) by striking subsection (i) (as redesignated 
by paragraph (5)) and inserting the following: 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of making grants and contracts under this sec-
tion, there are authorized to be appropriated $75,000,000 
for fiscal year 2009 and such sums as may be necessary 
for the each of the 4 succeeding fiscal years.’’. 
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