IB 
Union Calendar No. 305 
110TH CONGRESS 
1ST SESSION H. R. 4137 
[Report No. 110–500, Part 1] 
To amend and extend the Higher Education Act of 1965, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2007 
Mr. GEORGE MILLER of California (for himself and Mr. HINOJOSA) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor, and in addition to the Committees on the Judiciary, 
Science and Technology, and Financial Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
DECEMBER 19, 2007 
Additional sponsors: Mr. SARBANES, Mr. DAVIS of Illinois, Mrs. MCCARTHY 
of New York, Mr. HARE, Ms. HIRONO, Mr. TIERNEY, Mr. PAYNE, Mr. 
COURTNEY, Mrs. DAVIS of California, Mr. YARMUTH, Mr. WU, Ms. 
SHEA-PORTER, Mr. SCOTT of Virginia, Ms. WOOLSEY, Ms. CLARKE, Mr. 
BISHOP of New York, Mr. VAN HOLLEN, Mr. ALTMIRE, Mr. ENGEL, Mr. 
COHEN, Ms. MCCOLLUM of Minnesota, Mr. GRIJALVA, Mr. KILDEE, Mr. 
HONDA, Mr. LOEBSACK, Mr. SHERMAN, Mrs. NAPOLITANO, and Mr. 
CROWLEY 
DECEMBER 19, 2007 
Reported from the Committee on Education and Labor with an amendment, 
committed to the Committee of the Whole House on the State of the 
Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 19, 2007 
Committees on the Judiciary, Science and Technology, and Financial Services 
discharged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on November 9, 2007] 
A BILL 
To amend and extend the Higher Education Act of 1965, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Col-
lege Opportunity and Affordability Act of 2007’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. References; Effective date. 
TITLE I—TITLE I AMENDMENTS 
Sec. 101. Definitions of institution of higher education. 
Sec. 102. Additional definitions. 
Sec. 103. Treatment of territories and territorial student assistance. 
Sec. 104. National Advisory Committee on Institutional Quality and Integrity. 
‘‘Sec. 114. National Advisory Committee on Institutional Quality and Integ-
rity. 
Sec. 105. Drug and alcohol abuse prevention. 
Sec. 106. Prior rights and obligations. 
Sec. 107. Improved information concerning the Federal student financial aid 
website. 
Sec. 108. State commitment to affordable college education. 
‘‘Sec. 132. State commitment to affordable college education. 
Sec. 109. Transparency in college tuition for consumers. 
‘‘Sec. 133. Transparency in college tuition for consumers. 
Sec. 110. Textbook information. 
‘‘Sec. 134. Textbook information. 
Sec. 111. Database of student information prohibited. 
‘‘Sec. 135. Database of student information prohibited. 
Sec. 112. Institution and lender reporting and disclosure requirements. 
‘‘PART E—LENDER AND INSTITUTION REQUIREMENTS RELATING TO 
EDUCATIONAL LOANS 
‘‘Sec. 151. Definitions. 
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‘‘Sec. 152. Requirements for lenders and institutions participating in pre-
ferred lender arrangements. 
‘‘Sec. 153. Interest rate report for institutions and lenders participating in 
preferred lender arrangements. 
‘‘Sec. 154. Private educational loan disclosure requirements for covered insti-
tutions. 
‘‘Sec. 155. Integrity provisions. 
‘‘Sec. 156. Compliance and enforcement. 
‘‘Sec. 157. Student loan counseling. 
Sec. 113. Feasibility study for national electronic student loan marketplace. 
TITLE II—TITLE II REVISION 
Sec. 201. Revision of title II. 
‘‘TITLE II—TEACHER QUALITY ENHANCEMENT 
‘‘Sec. 200. Definitions. 
‘‘Sec. 200A. Rule of Construction. 
‘‘PART A—TEACHER QUALITY PARTNERSHIP GRANTS 
‘‘Sec. 201. Purposes; Definitions. 
‘‘Sec. 202. Partnership grants. 
‘‘Sec. 203. Administrative provisions. 
‘‘Sec. 204. Accountability and evaluation. 
‘‘Sec. 205. Accountability for programs that prepare teachers. 
‘‘Sec. 206. Teacher development. 
‘‘Sec. 207. State functions. 
‘‘Sec. 208. General provisions. 
‘‘Sec. 209. Authorization of appropriations. 
‘‘PART B—PREPARING TEACHERS FOR DIGITAL AGE LEARNERS 
‘‘Sec. 221. Program authorized. 
‘‘Sec. 222. Uses of Funds. 
‘‘Sec. 223. Application requirements. 
‘‘Sec. 224. Evaluation. 
‘‘Sec. 225. Authorization of appropriations. 
‘‘PART C—ENHANCING TEACHER EDUCATION 
‘‘Sec. 240. Authorization of appropriations. 
‘‘SUBPART 1—RECRUITING TEACHERS WITH MATH, SCIENCE, OR LANGUAGE 
MAJORS 
‘‘Sec. 241. Program authorized. 
‘‘SUBPART 2—COMMUNITY COLLEGES AS PARTNERS IN TEACHER EDUCATION 
GRANTS 
‘‘Sec. 251. Grants to community colleges. 
‘‘Sec. 252. Definitions. 
‘‘SUBPART 3—HONORABLE AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE 
‘‘Sec. 261. Definitions. 
‘‘Sec. 262. Augustus F. Hawkins Centers of excellence. 
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‘‘SUBPART 4—TEACH FOR AMERICA 
‘‘Sec. 271. Teach for America. 
‘‘SUBPART 5—EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND 
CAREER TASK FORCE 
‘‘Sec. 281. Purpose. 
‘‘Sec. 282. Definition of early childhood education program. 
‘‘Sec. 283. Grants authorized. 
‘‘Sec. 284. State task force establishment. 
‘‘Sec. 285. State task force activities. 
‘‘Sec. 286. State application and report. 
‘‘Sec. 287. Evaluations. 
Sec. 202. National Academy of Sciences study of best practices in teacher prepa-
ration. 
TITLE III—TITLE III AMENDMENTS 
Sec. 301. Program purpose. 
Sec. 302. Title III grants for American Indian Tribally Controlled Colleges and 
Universities. 
Sec. 303. Predominantly Black Institutions. 
‘‘Sec. 318. Predominantly Black Institutions. 
Sec. 304. Assistance to Asian American and Native American Pacific Islander- 
serving institutions. 
‘‘Sec. 319. Asian American and Native American Pacific Islander-serving 
institutions. 
Sec. 305. Native American-serving, nontribal institutions. 
‘‘Sec. 320. Native American-serving, nontribal institutions. 
Sec. 306. Strengthening Historically Black Colleges and Universities. 
Sec. 307. Endowment Challenge Grants. 
Sec. 308. Limitations on Federal insurance for bonds issued by the designated 
bonding authority. 
Sec. 309. Programs in STEM fields. 
‘‘SUBPART 2—PROGRAMS IN STEM FIELDS 
‘‘Sec. 355. YES Partnerships grant program. 
‘‘Sec. 356. Promotion of entry into STEM fields. 
‘‘Sec. 357. Evaluation and Accountability Plan. 
Sec. 310. Technical assistance. 
Sec. 311. Waiver authority. 
Sec. 312. Authorization of appropriations. 
Sec. 313. Technical corrections. 
TITLE IV—TITLE IV AMENDMENTS 
PART A—PART A AMENDMENTS 
Sec. 401. Federal Pell Grants. 
Sec. 402. Federal TRIO Programs. 
Sec. 403. GEARUP Amendments. 
Sec. 404. Academic Achievement Incentive Scholarships. 
Sec. 405. Federal Supplemental Educational Opportunity Grants. 
Sec. 406. Grants for access and persistence. 
‘‘Sec. 415E. Grants for access and persistence. 
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Sec. 407. Special programs for students whose families are engaged in migrant 
and seasonal farmwork. 
Sec. 408. Robert C. Byrd Honors Scholarship Program. 
‘‘SUBPART 6—ROBERT C. BYRD AMERICAN COMPETITIVENESS PROGRAM 
‘‘Sec. 419A. Robert C. Byrd mathematics and science honors scholarship pro-
gram. 
‘‘Sec. 419B. Mathematics and science incentive program. 
‘‘Sec. 419C. Foreign Language Partnerships. 
‘‘Sec. 419D. Authorization of appropriations. 
Sec. 409. Child care access means parents in school. 
Sec. 410. Learning Anytime Anywhere Partnerships. 
Sec. 411. TEACH Grants. 
‘‘Sec. 420P. Program evaluation. 
PART B—FEDERAL FAMILY EDUCATION LOANS 
Sec. 421. Limitations on Amounts of Loans Covered by Federal Insurance. 
Sec. 422. Federal Interest Subsidies. 
Sec. 423. Student loan information. 
Sec. 424. Consolidation loan disclosure. 
Sec. 425. Loan forgiveness for service in areas of national need. 
‘‘Sec. 428K. Loan forgiveness for service in areas of national need. 
Sec. 426. Loan repayment for civil legal assistance attorneys. 
‘‘Sec. 428L. Loan repayment for civil legal assistance attorneys. 
Sec. 427. Settlement of claims. 
Sec. 428. Delinquency prevention, default aversion, and consumer education in-
formation programs. 
‘‘Sec. 433A. Delinquency prevention, default aversion, and consumer edu-
cation information programs. 
Sec. 429. Definition of eligible lender. 
Sec. 430. Cohort default rates. 
Sec. 431. Disability determinations. 
PART C—COLLEGE WORK/STUDY 
Sec. 441. Reauthorization. 
Sec. 442. Additional funds for off-campus community service. 
Sec. 443. Work Colleges. 
PART D—FEDERAL DIRECT STUDENT LOANS 
Sec. 451. Reauthorization. 
Sec. 452. Public service job definition. 
Sec. 453. Identity fraud protection. 
Sec. 454. Direct loan program audit and reporting requirements. 
PART E—PERKINS LOANS 
Sec. 461. Extension of authority. 
Sec. 462. Allowance for books and supplies. 
Sec. 463. Agreements with institutions. 
Sec. 464. Perkins loan terms and conditions. 
Sec. 465. Cancellation for public service. 
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PART F—NEED ANALYSIS 
Sec. 471. Cost of attendance. 
Sec. 472. Discretion to make adjustments for nursing home expenses. 
Sec. 473. Definitions. 
PART G—GENERAL PROVISIONS 
Sec. 481. Compliance calendar. 
Sec. 482. Improvements to paper and electronic forms and processes. 
Sec. 483. Increasing access to technology. 
Sec. 484. Sense of the Congress; Report. 
Sec. 485. Student eligibility. 
Sec. 486. Assessment of costs and other charges. 
Sec. 487. Readmission requirements for servicemembers. 
Sec. 488. Institutional and financial assistance information for students. 
Sec. 489. Articulation agreements. 
‘‘Sec. 486A. Articulation agreements. 
Sec. 490. Program participation agreements. 
Sec. 491. Regulatory relief and improvement. 
Sec. 492. Advisory Committee on Student Financial Assistance. 
Sec. 493. Negotiated rulemaking. 
Sec. 494. Technical amendment. 
Sec. 495. Campus-based digital theft prevention. 
‘‘Sec. 494. Campus-based digital theft prevention. 
PART H—PROGRAM INTEGRITY 
Sec. 496. Recognition of accrediting agency or association. 
Sec. 497. Accreditation Ombudsman. 
‘‘Sec. 497. Accreditation Ombudsman. 
Sec. 498. Program review and data. 
Sec. 499. Competitive loan auction pilot program evaluation. 
TITLE V—TITLE V AMENDMENTS 
Sec. 501. Postbaccalaureate opportunities for Hispanic Americans. 
‘‘PART B—PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC 
AMERICANS 
‘‘Sec. 511. Purposes. 
‘‘Sec. 512. Program authority and eligibility. 
‘‘Sec. 513. Authorized activities. 
‘‘Sec. 514. Application and duration. 
TITLE VI—TITLE VI AMENDMENTS 
Sec. 601. International and foreign language studies. 
Sec. 602. Business and international education programs. 
Sec. 603. Institute for International Public Policy. 
‘‘Sec. 621. Program for foreign service professionals. 
Sec. 604. Preparing for early foreign language instruction. 
‘‘PART D—PREPARING FOR EARLY FOREIGN LANGUAGE 
INSTRUCTION 
‘‘Sec. 631. Preparing for early foreign language instruction. 
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Sec. 605. Evaluation, outreach, and dissemination. 
‘‘Sec. 642. Evaluation, outreach, and dissemination. 
Sec. 606. Student safety. 
‘‘Sec. 643. Student safety. 
Sec. 607. Science and technology advanced foreign language education grant pro-
gram. 
‘‘Sec. 644. Science and technology advanced foreign language education 
grant program. 
Sec. 608. Reporting by Institutions. 
‘‘Sec. 645. Reporting by Institutions. 
Sec. 609. Federal foreign language education marketing campaign. 
TITLE VII—TITLE VII AMENDMENTS 
Sec. 701. Javits fellowship program. 
Sec. 702. Graduate assistance in areas of national need. 
Sec. 703. Thurgood Marshall legal educational opportunity program. 
Sec. 704. Patsy T. Mink Fellowship program. 
‘‘SUBPART 4—PATSY T. MINK FELLOWSHIP PROGRAM 
‘‘Sec. 722. Patsy T. Mink Fellowships. 
Sec. 705. Fund for the improvement of postsecondary education. 
Sec. 706. Urban-serving research universities. 
‘‘PART C—URBAN-SERVING RESEARCH UNIVERSITIES 
‘‘Sec. 751. Purpose; program authorized. 
‘‘Sec. 752. Application for urban-serving research university grants. 
‘‘Sec. 753. Allowable activities. 
‘‘Sec. 754. Definitions. 
‘‘Sec. 755. Authorization of appropriations. 
Sec. 707. Programs to ensure students with disabilities receive a quality higher 
education. 
‘‘SUBPART 1—QUALITY HIGHER EDUCATION 
‘‘SUBPART 2—NATIONAL TECHNICAL ASSISTANCE CENTER; COMMISSION ON AC-
CESSIBLE MATERIALS; PROGRAMS TO SUPPORT IMPROVED ACCESS TO MATE-
RIALS 
‘‘Sec. 766. National Center. 
‘‘Sec. 766A. Establishment of advisory commission on accessible instruc-
tional materials in postsecondary education for students 
with disabilities. 
‘‘Sec. 766B. Model demonstration programs to support improved access to 
postsecondary instructional materials for students with 
print disabilities. 
‘‘Sec. 766C. Authorization of appropriations. 
‘‘SUBPART 3—TRANSITION PROGRAMS FOR STUDENTS WITH INTELLECTUAL 
DISABILITIES INTO HIGHER EDUCATION; COORDINATING CENTER 
‘‘Sec. 767. Purpose. 
‘‘Sec. 768. Definitions. 
‘‘Sec. 769. Model comprehensive transition and postsecondary programs for 
students with intellectual disabilities. 
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‘‘Sec. 770. Coordinating center for technical assistance, evaluation, and de-
velopment of accreditation standards. 
‘‘Sec. 770A. Authorization of appropriations. 
Sec. 708. Subgrants to nonprofit organizations. 
Sec. 709. Nursing education. 
‘‘PART F—NURSING EDUCATION 
‘‘Sec. 776. Additional capacity for R.N. students or graduate-level nursing 
students. 
‘‘Sec. 777. Nurse Faculty Pilot Project. 
Sec. 710. National study on higher education access and success for students with 
disabilities. 
TITLE VIII—ADDITIONAL PROGRAMS 
Sec. 801. Additional programs. 
‘‘TITLE VIII—ADDITIONAL PROGRAMS 
‘‘Sec. 800. Authorization of appropriations. 
‘‘PART A—LOW TUITION 
‘‘Sec. 801. Incentives and rewards for low tuition. 
‘‘PART B—COOPERATIVE EDUCATION 
‘‘Sec. 811. Statement of purpose; definition. 
‘‘Sec. 812. Reservations. 
‘‘Sec. 813. Grants for cooperative education. 
‘‘Sec. 814. Demonstration and innovation projects; training and resource 
centers; and research. 
‘‘PART C—COLLEGE PARTNERSHIP GRANTS 
‘‘Sec. 821. College Partnership Grants Authorized. 
‘‘PART D—STUDENT SUCCESS GRANTS 
‘‘Sec. 826. Student success grants. 
‘‘PART E—JOBS TO CAREERS 
‘‘Sec. 831. Grants to create bridges from jobs to careers. 
‘‘PART F—PROJECT GRAD 
‘‘Sec. 836. Project GRAD. 
‘‘PART G—IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS 
‘‘Sec. 841. Improving college enrollment by secondary schools. 
‘‘PART H—DIPLOMA MILL PREVENTION 
‘‘Sec. 851. Purpose; Definitions. 
‘‘Sec. 852. Recognized accrediting agencies and institutions. 
‘‘Sec. 853. Accrediting agencies. 
‘‘Sec. 854. Task Force. 
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‘‘Sec. 855. Sense of the Congress regarding use by States of the Federal Plan 
as guidelines. 
‘‘Sec. 856. Unfair and deceptive acts and practices regarding diplomas and 
professional certifications. 
‘‘PART I—STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT 
‘‘Sec. 861. Student safety and campus emergency management. 
‘‘Sec. 862. Model emergency response policies, procedures, and practices. 
‘‘Sec. 863. Preparation for future disasters plan by the Secretary. 
‘‘Sec. 864. Education disaster and emergency relief loan program. 
‘‘Sec. 865. Guidance on mental health disclosures for student safety. 
‘‘PART J—RURAL DEVELOPMENT GRANTS FOR RURAL COLLEGES AND 
UNIVERSITIES 
‘‘Sec. 871. Purpose. 
‘‘Sec. 872. Definitions. 
‘‘Sec. 873. Ensuring college access for rural high school graduates. 
‘‘Sec. 874. Economic development partnerships. 
‘‘Sec. 875. Quality of life in rural areas. 
‘‘Sec. 876. Allocation of appropriations. 
‘‘PART K—IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHE-
MATICS EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAI-
IAN STUDENTS 
‘‘Sec. 880. Improving science, technology, engineering, and mathematics edu-
cation with a focus on Alaska Native and Native Hawaiian 
students. 
‘‘PART L—NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF 
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
‘‘Sec. 881. National Database on Financial Assistance For Study of Science, 
Technology, Engineering, and Mathematics. 
‘‘PART M—TRAINING FOR REALTIME WRITERS 
‘‘Sec. 882. Program to promote training and job placement of realtime writ-
ers. 
‘‘PART N—CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS 
‘‘Sec. 883. Model Programs for Centers of Excellence for Veteran Student 
Success. 
‘‘PART O—UNIVERSITY SUSTAINABILITY PROGRAMS 
‘‘SUBPART 1—SUSTAINABILITY PLANNING GRANTS 
‘‘Sec. 884. Grants authorized. 
‘‘SUBPART 2—SUMMIT ON SUSTAINABILITY 
‘‘Sec. 885. Summit on sustainability. 
‘‘PART P—MODELING AND SIMULATION PROGRAMS 
‘‘Sec. 886. Modeling and Simulation. 
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‘‘PART Q—BUSINESS WORKFORCE PARTNERSHIPS 
‘‘Sec. 887. Grants to create business workforce partnerships. 
Sec. 802. Sense of the Congress; report. 
Sec. 803. Independent evaluation of distance education programs. 
Sec. 804. Encouraging colleges and universities to ‘‘go green’’. 
Sec. 805. Study of costs of environmental, health, and safety standards. 
Sec. 806. Study of minority male academic achievement. 
Sec. 807. Study on bias in standardized tests. 
Sec. 808. Feasibility study on student loans. 
Sec. 809. Endowment report. 
Sec. 810. Study of Correctional Postsecondary Education. 
Sec. 811. National Undergraduate Fellows Program. 
Sec. 812. National Center for Learning Science and Technology Trust Fund. 
Sec. 813. GAO Study of education related indebtedness of medical school grad-
uates. 
TITLE IX—AMENDMENTS TO OTHER LAWS 
PART A—EDUCATION OF THE DEAF ACT OF 1986 
Sec. 901. Laurent Clerc National Deaf Education Center. 
Sec. 902. Agreement with Gallaudet University. 
Sec. 903. Agreement for the National Technical Institute for the Deaf. 
Sec. 904. Audit. 
Sec. 905. Reports. 
Sec. 906. Monitoring, evaluation, and reporting. 
Sec. 907. Liaison for educational programs. 
Sec. 908. Federal endowment programs for Gallaudet University and the Na-
tional Technical Institute for the Deaf. 
Sec. 909. Oversight and effect of agreements. 
Sec. 910. International students. 
Sec. 911. Research priorities. 
Sec. 912. National study on the education of the deaf. 
Sec. 913. Authorization of appropriations. 
PART B—INDIAN EDUCATION 
SUBPART 1—TRIBAL COLLEGES AND UNIVERSITIES 
Sec. 921. Reauthorization of the Tribally Controlled College or University Assist-
ance Act of 1978. 
‘‘Sec. 105. Technical assistance contracts. 
‘‘TITLE V—TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 
TECHNICAL INSTITUTIONS 
‘‘Sec. 501. Definition of tribally controlled postsecondary career and tech-
nical institution. 
‘‘Sec. 502. Tribally controlled postsecondary career and technical institutions 
program. 
‘‘Sec. 503. Applicability of other laws. 
‘‘Sec. 504. Authorization of appropriations. 
‘‘Sec. 1. Short title. 
SUBPART 2—NAVAJO HIGHER EDUCATION 
Sec. 931. Reauthorization of Navajo Community College Act. 
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PART C—HIGHER EDUCATION AMENDMENTS OF 1998; HIGHER EDUCATION 
AMENDMENTS OF 1992 
Sec. 941. Grants for training for incarcerated individuals. 
‘‘PART D—GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS 
‘‘Sec. 821. Grants for improved workplace and community transition train-
ing for incarcerated individuals. 
Sec. 942. Underground railroad. 
Sec. 943. Repeals of Expired and Executed Provisions. 
Sec. 944. Olympic Scholarships. 
Sec. 945. Establishment of Assistant Secretary for International and Foreign 
Language Education. 
‘‘Sec. 207A. Office of international and foreign language education. 
PART D—JUSTICE DEPARTMENT PROGRAMS 
Sec. 951. Loan repayment for prosecutors and defenders. 
‘‘PART JJ—LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS 
‘‘Sec. 3111. Grant authorization. 
Sec. 952. National center for campus public safety. 
Sec. 953. Private loan forgiveness. 
PART E—STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 
Sec. 961. Establishment of Program. 
Sec. 962. Authorization of appropriations. 
TITLE X—PRIVATE STUDENT LOAN TRANSPARENCY AND 
IMPROVEMENT 
Sec. 1001. Short title. 
Sec. 1002. Definitions. 
Sec. 1003. Regulations. 
Sec. 1004. Effective dates. 
Subtitle A—Preventing Unfair and Deceptive Private Educational Lending 
Practices and Eliminating Conflicts of Interest 
Sec. 1011. Amendment to the Truth in Lending Act. 
‘‘ 140. Preventing unfair and deceptive private educational lending practices 
and eliminating conflicts of interest. 
Sec. 1012. Civil liability. 
Subtitle B—Improved Disclosures for Private Educational Loans 
Sec. 1021. Private educational loan disclosures and limitations. 
Sec. 1022. Application of Truth in Lending Act to all private educational loans. 
Subtitle C—Financial Literacy 
Sec. 1031. Coordinated education efforts. 
Subtitle D—Study and Report on Nonindividual Information 
Sec. 1041. Study and report on nonindividual information. 
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Subtitle E—Incentives For Low-Cost Educational Loans 
Sec. 1051. CRA credit for low-cost educational loans. 
SEC. 2. REFERENCES; EFFECTIVE DATE. 
(a) REFERENCES.—Except as otherwise expressly pro-
vided therein, whenever in this Act an amendment or repeal 
is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered 
to be made to a section or other provision of the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.). 
(b) EFFECTIVE DATE.—Except as otherwise provided 
in this Act or the amendments made by this Act, the amend-
ments made by this Act shall be effective on the date of en-
actment of this Act. 
TITLE I—TITLE I AMENDMENTS 
SEC. 101. DEFINITIONS OF INSTITUTION OF HIGHER EDU-
CATION. 
(a) DEGREE PROGRAMS.—Section 101 (20 U.S.C. 
1001) is amended— 
(1) in subsection (a)(3), by inserting ‘‘, or 
awards a degree that is acceptable for admission to 
a graduate or professional degree program, subject to 
review and approval by the Secretary’’ after ‘‘such a 
degree’’; and 
(2) by striking subsection (b)(2) and inserting 
the following: 
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‘‘(2) a public or nonprofit private educational 
institution in any State that, in lieu of the require-
ment in subsection (a)(1), admits as regular students 
persons— 
‘‘(A) who are beyond the age of compulsory 
school attendance in the State in which the insti-
tution is located; or 
‘‘(B) who will be dually or concurrently en-
rolled in the institution and a secondary 
school.’’. 
(b) INTERNATIONAL
MEDICAL
SCHOOLS.—Section 
102(a)(2)(A) (20 U.S.C. 1002(a)(2)(A)) is amended— 
(1) in the first sentence, by inserting ‘‘nursing 
school,’’ after ‘‘graduate medical school,’’; 
(2) in clause (i)— 
(A) by striking ‘‘or’’ at the end of subclause 
(I); and 
(B) by striking subclause (II) and inserting 
the following new subclauses: 
‘‘(II) the institution has or had a 
clinical training program that was ap-
proved by a State as of January 1, 
1992, and continues to operate a clin-
ical training program in at least one 
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State, which is approved by that State; 
or 
‘‘(III) the institution— 
‘‘(aa) has a clinical training 
program that was approved by a 
State before January 1, 2008; 
‘‘(bb) certifies only unsub-
sidized Stafford or PLUS loans 
under part B of title IV to grad-
uate and professional students at-
tending the institution; and 
‘‘(cc) agrees to reimburse the 
Secretary for the cost of any loan 
defaults for students included in 
the institution’s cohort default 
rate during the previous fiscal 
year; or’’; and 
(3) by striking the period at the end of clause 
(ii) and inserting ‘‘; or’’; and 
(4) by adding at the end the following new 
clause: 
‘‘(iii) in the case of a nursing school 
located outside of the United States, the in-
stitution— 
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‘‘(I) has agreements with hospitals 
and eligible nursing schools located in 
the United States that include provi-
sions for students to complete their 
clinical training at such hospitals and 
eligible nursing schools; 
‘‘(II) certifies only unsubsidized 
Stafford and PLUS loans under part 
B of title IV for students attending the 
institution; and 
‘‘(III) agrees to reimburse the Sec-
retary for the cost of any loan defaults 
to the extent that the institution’s co-
hort default rate exceeds 5 percent.’’. 
(c) CONFORMING AMENDMENT CONCERNING 90/10 EN-
FORCEMENT.—Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is 
amended— 
(1) by adding ‘‘and’’ after the semicolon in sub-
paragraph (D); 
(2) by striking ‘‘; and’’ and inserting a period 
in subparagraph (E); and 
(3) by striking subparagraph (F). 
(d) ADDITIONAL
INSTITUTIONS.—Section 102 (20 
U.S.C. 1002) is further amended— 
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(1) by striking subsection (b)(2) and inserting 
the following: 
‘‘(2) ADDITIONAL INSTITUTIONS.—The term ‘pro-
prietary institution of higher education’ also includes 
a proprietary educational institution in any State 
that, in lieu of the requirement in section 101(a)(1), 
admits as regular students individuals— 
‘‘(A) who are beyond the age of compulsory 
school attendance in the State in which the insti-
tution is located; or 
‘‘(B) who will be dually or concurrently en-
rolled in the institution and a secondary 
school.’’; and 
(2) by striking subsection (c)(2) and inserting 
the following: 
‘‘(2) 
ADDITIONAL
INSTITUTIONS.—The 
term 
‘postsecondary vocational institution’ also includes an 
educational institution in any State that, in lieu of 
the requirement in section 101(a)(1), admits as reg-
ular students individuals— 
‘‘(A) who are beyond the age of compulsory 
school attendance in the State in which the insti-
tution is located; or 
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‘‘(B) who will be dually or concurrently en-
rolled in the institution and a secondary 
school.’’. 
SEC. 102. ADDITIONAL DEFINITIONS. 
(a) AMENDMENT.—Section 103 (20 U.S.C. 1003) is 
amended— 
(1) by adding at the end the following new para-
graphs: 
‘‘(17) AUTHORIZING
COMMITTEES.—The term 
‘authorizing committees’ means the Committee on 
Health, Education, Labor, and Pensions of the Senate 
and the Committee on Education and Labor of the 
House of Representatives. 
‘‘(18) CRITICAL FOREIGN LANGUAGE.—Except as 
otherwise provided, the term ‘critical foreign lan-
guage’ means each of the languages contained in the 
list of critical languages designated by the Secretary 
in the Federal Register on August 2, 1985 (50 Fed. 
Reg. 149, 31412; promulgated under the authority of 
section 212(d) of the Education for Economic Secu-
rity Act (repealed by section 2303 of the Augustus F. 
Hawkins-Robert T. Stafford Elementary and Sec-
ondary School Improvement Amendments of 1988)), 
except that in the implementation of this definition 
with respect to a specific title, the Secretary may set 
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priorities according to the purposes of such title and 
the national security, economic competitiveness, and 
educational needs of the United States. 
‘‘(19) DISTANCE EDUCATION.— 
‘‘(A) IN
GENERAL.—Except as otherwise 
provided, the term ‘distance education’ means 
education that uses 1 or more of the technologies 
described in subparagraph (B)— 
‘‘(i) to deliver instruction to students 
who are separated from the instructor; and 
‘‘(ii) to support regular and sub-
stantive interaction between the students 
and the instructor, synchronously or asyn-
chronously. 
‘‘(B) INCLUSIONS.—For the purposes of sub-
paragraph (A), the technologies used may in-
clude— 
‘‘(i) the Internet; 
‘‘(ii) one-way and two-way trans-
missions through open broadcast, closed cir-
cuit, cable, microwave, broadband lines, 
fiber optics, satellite, or wireless commu-
nications devices; 
‘‘(iii) audio conferencing; or 
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‘‘(iv) video cassette, DVDs, and CD– 
ROMs, if the cassette, DVDs, and CD– 
ROMs are used in a course in conjunction 
with the technologies listed in clauses (i) 
through (iii). 
‘‘(20) HIGH-NEED SCHOOL.—Except with respect 
to title II, the term ‘high-need school’ means a public 
or nonprofit private elementary or secondary school 
which is in a local educational agency which is eligi-
ble for assistance pursuant to title I of the Elemen-
tary and Secondary Education Act of 1965 in the ap-
plicable fiscal year, and which for the purpose of this 
paragraph and for that year was determined by the 
Secretary (pursuant to regulations and after consulta-
tion with the State educational agency of the State in 
which the school is located) to be a school in which 
the enrollment of children counted under section 
1113(a)(5) of the Elementary and Secondary Edu-
cation Act of 1965 exceeds 30 percent of the total en-
rollment of that school. 
‘‘(21) LIMITED ENGLISH PROFICIENT.—The term 
‘limited English proficient’ has the meaning given 
such term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965. 
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‘‘(22) UNIVERSAL DESIGN.—The term ‘universal 
design’ means a concept or philosophy for designing 
and delivering products and services that are usable 
by people with the widest possible range of functional 
capabilities, which include products and services that 
are directly accessible (without requiring assistive 
technologies) and products and services that are inter-
operable with assistive technologies. 
‘‘(23) UNIVERSAL DESIGN FOR LEARNING.—The 
term ‘universal design for learning’ means a research- 
based framework for designing curriculum (including 
goals, methods, materials, and assessments) that— 
‘‘(A) provides curricular flexibility in the 
ways information is presented, in the ways stu-
dents respond or demonstrate knowledge, and in 
the ways students are engaged; and 
‘‘(B) reduces barriers in instruction and as-
sessment, provides appropriate supports and 
challenges, and maintains high achievement 
standards for all students, including students 
with disabilities.’’; and 
(2) by reordering paragraphs (1) through (16) 
and the paragraphs added by paragraph (1) of this 
subsection in alphabetical order based on the headings 
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of such paragraphs, and renumbering such para-
graphs as so reordered. 
(b) CONFORMING AMENDMENTS.—The Act (20 U.S.C. 
1001 et seq.) is amended— 
(1) 
in 
section 
131(a)(3)(B) 
(20 
U.S.C. 
1015(a)(3)(B)), by striking ‘‘Committee on Labor and 
Human Resources of the Senate and the Committee 
on Education and the Workforce of the House of Rep-
resentatives’’ and inserting ‘‘authorizing committees’’; 
(2) 
in 
section 
141(d)(4)(B) 
(20 
U.S.C. 
1018(d)(4)(B)), by striking ‘‘Committee on Education 
and the Workforce of the House of Representatives 
and the Committee on Labor and Human Resources 
of the Senate’’ and inserting ‘‘authorizing commit-
tees’’; 
(3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), 
by striking ‘‘to the Committee on Appropriations’’ 
and all that follows through ‘‘House of Representa-
tives’’ and inserting ‘‘to the Committee on Appropria-
tions of the Senate, the Committee on Appropriations 
of the House of Representatives, and the authorizing 
committees’’; 
(4) in section 428 (20 U.S.C. 1078)— 
(A) in subsection (c)(9)(K), by striking 
‘‘House Committee on Education and the Work-
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force and the Senate Committee on Labor and 
Human Resources’’ and inserting ‘‘authorizing 
committees’’; 
(B) in the matter following paragraph (2) 
of subsection (g), by striking ‘‘Committee on 
Labor and Human Resources of the Senate and 
the Committee on Education and the Workforce 
of the House of Representatives’’ and inserting 
‘‘authorizing committees’’; and 
(C) in subsection (n)(4), by striking ‘‘Com-
mittee on Education and the Workforce of the 
House of Representatives and the Committee on 
Labor and Human Resources of the Senate’’ and 
inserting ‘‘authorizing committees’’; 
(5) in section 428A(c) (20 U.S.C. 1078–1(c))— 
(A) in the matter preceding subparagraph 
(A) of paragraph (2), by striking ‘‘Chairperson’’ 
and all that follows through ‘‘House of Rep-
resentatives’’ and inserting ‘‘members of the au-
thorizing committees’’; 
(B) in paragraph (3), by striking ‘‘Chair-
person’’ and all that follows through ‘‘House of 
Representatives’’ and inserting ‘‘members of the 
authorizing committees’’; and 
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(C) in paragraph (5), by striking ‘‘Chair-
person’’ and all that follows through ‘‘House of 
Representatives’’ and inserting ‘‘members of the 
authorizing committees’’; 
(6) in section 432 (20 U.S.C. 1082)— 
(A) in subsection (f)(1)(C), by striking ‘‘the 
Committee on Education and the Workforce of 
the House of Representatives or the Committee 
on Labor and Human Resources of the Senate’’ 
and inserting ‘‘either of the authorizing commit-
tees’’; and 
(B) in the matter following subparagraph 
(D) of subsection (n)(3), by striking ‘‘Committee 
on Education and the Workforce of the House of 
Representatives and the Committee on Labor 
and Human Resources of the Senate’’ and insert-
ing ‘‘authorizing committees’’; 
(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), 
by striking ‘‘Committee on Education and the Work-
force of the House of Representatives and the Com-
mittee on Labor and Human Resources of the Senate’’ 
and inserting ‘‘authorizing committees’’; 
(8) in section 439 (20 U.S.C. 1087–2)— 
(A) in subsection (d)(1)(E)(iii), by striking 
‘‘advise the Chairman’’ and all that follows 
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through ‘‘House of Representatives’’ and insert-
ing ‘‘advise the members of the authorizing com-
mittees’’; 
(B) in subsection (r)— 
(i) in paragraph (3), by striking ‘‘in-
form the Chairman’’ and all that follows 
through ‘‘House of Representatives,’’ and in-
serting ‘‘inform the members of the author-
izing committees’’; 
(ii) in paragraph (5)(B), by striking 
‘‘plan, to the Chairman’’ and all that fol-
lows through ‘‘Education and Labor’’ and 
inserting ‘‘plan, to the members of the au-
thorizing committees’’; 
(iii) in paragraph (6)(B)— 
(I) by striking ‘‘plan, to the 
Chairman’’ 
and 
all 
that 
follows 
through ‘‘House of Representatives’’ 
and inserting ‘‘plan, to the members of 
the authorizing committees’’; and 
(II) by striking ‘‘Chairmen and 
ranking minority members of such 
Committees’’ and inserting ‘‘members 
of the authorizing committees’’; 
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(iv) in paragraph (8)(C), by striking 
‘‘implemented to the Chairman’’ and all 
that follows through ‘‘House of Representa-
tives, and’’ and inserting ‘‘implemented to 
the members of the authorizing committees, 
and to’’; and 
(v) in the matter preceding subpara-
graph (A) of paragraph (10), by striking 
‘‘days to the Chairman’’ and all that follows 
through ‘‘Education and Labor’’ and insert-
ing ‘‘days to the members of the authorizing 
committees’’; and 
(C) in subsection (s)(2)— 
(i) in the matter preceding clause (i) of 
subparagraph (A), by striking ‘‘Treasury 
and to the Chairman’’ and all that follows 
through ‘‘House of Representatives’’ and in-
serting ‘‘Treasury and to the members of the 
authorizing committees’’; and 
(ii) in subparagraph (B), by striking 
‘‘Treasury and to the Chairman’’ and all 
that follows through ‘‘House of Representa-
tives’’ and inserting ‘‘Treasury and to the 
members of the authorizing committees’’; 
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(9) 
in 
section 
455(b)(8)(B) 
(20 
U.S.C. 
1087e(b)(8)(B)), by striking ‘‘Committee on Labor 
and Human Resources of the Senate and the Com-
mittee on Education and the Workforce of the House 
of Representatives’’ and inserting ‘‘authorizing com-
mittees’’; 
(10) in section 482(d) (20 U.S.C. 1089(d)), by 
striking ‘‘Committee on Labor and Human Resources 
of the Senate and the Committee on Education and 
Labor of the House of Representatives’’ and inserting 
‘‘authorizing committees’’; 
(11) in section 483(c) (20 U.S.C. 1090(c)), by 
striking ‘‘Committee on Labor and Human Resources 
of the Senate and the Committee on Education and 
the Workforce of the House of Representatives’’ and 
inserting ‘‘authorizing committees’’; 
(12) in section 485 (20 U.S.C. 1092)— 
(A) in subsection (f)(5)(A), by striking 
‘‘Committee on Education and the Workforce of 
the House of Representatives and the Committee 
on Labor and Human Resources of the Senate’’ 
and inserting ‘‘authorizing committees’’; and 
(B) in subsection (g)(4)(B), by striking 
‘‘Committee on Education and the Workforce of 
the House of Representatives and the Committee 
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on Labor and Human Resources of the Senate’’ 
and inserting ‘‘authorizing committees’’; 
(13) in section 486 (20 U.S.C. 1093)— 
(A) in subsection (e), by striking ‘‘Com-
mittee on Labor and Human Resources of the 
Senate and the Committee on Education and the 
Workforce of the House of Representatives’’ and 
inserting ‘‘authorizing committees’’; and 
(B) in subsection (f)(3)— 
(i) in the matter preceding clause (i) of 
subparagraph (A), by striking ‘‘Committee 
on Labor and Human Resources of the Sen-
ate and the Committee on Education and 
the Workforce of the House of Representa-
tives’’ and inserting ‘‘authorizing commit-
tees’’; and 
(ii) in the matter preceding clause (i) 
of subparagraph (B), by striking ‘‘Com-
mittee on Labor and Human Resources of 
the Senate and the Committee on Education 
and the Workforce of the House of Rep-
resentatives’’ and inserting ‘‘authorizing 
committees’’; 
(14) 
in 
section 
487A(a)(5) 
(20 
U.S.C. 
1094a(a)(5)), by striking ‘‘Committee on Labor and 
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Human Resources of the Senate and the Committee 
on Education and the Workforce of the House of Rep-
resentatives’’ and inserting ‘‘authorizing committees’’; 
and 
(15) in section 498B(d) (20 U.S.C. 1099c– 
2(d))— 
(A) in paragraph (1), by striking ‘‘Com-
mittee on Labor and Human Resources of the 
Senate and the Committee on Education and the 
Workforce of the House of Representatives’’ and 
inserting ‘‘authorizing committees’’; and 
(B) in paragraph (2), by striking ‘‘Com-
mittee on Labor and Human Resources of the 
Senate and the Committee on Education and the 
Workforce of the House of Representatives’’ and 
inserting ‘‘authorizing committees’’. 
SEC. 103. TREATMENT OF TERRITORIES AND TERRITORIAL 
STUDENT ASSISTANCE. 
Section 113 (20 U.S.C. 1011b) is amended— 
(1) by striking ‘‘TREATMENT
OF
TERRI-
TORIES
AND
TERRITORIAL
STUDENT
ASSIST-
ANCE’’ in the heading of such section and inserting 
‘‘TERRITORIAL WAIVER AUTHORITY’’; and 
(2) by striking ‘‘(a) WAIVER AUTHORITY.—’’; 
and 
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(3) by striking subsection (b). 
SEC. 104. NATIONAL ADVISORY COMMITTEE ON INSTITU-
TIONAL QUALITY AND INTEGRITY. 
(a) AMENDMENT.—Section 114 (20 U.S.C. 1011c) is 
amended to read as follows: 
‘‘SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITU-
TIONAL QUALITY AND INTEGRITY. 
‘‘(a) ESTABLISHMENT.—There is established in the De-
partment a National Advisory Committee on Institutional 
Quality and Integrity (in this section referred to as the 
‘Committee’) to assess the process of accreditation and the 
institutional eligibility and certification of such institu-
tions under title IV. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall have 18 
members, of which— 
‘‘(A) 6 members shall be appointed by the 
Secretary; 
‘‘(B) 6 members shall be appointed by the 
Speaker of the House of Representatives, 3 mem-
bers on the recommendation of the majority lead-
er of the House of Representatives, and 3 mem-
bers on the recommendation of the minority lead-
er of the House of Representatives; and 
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‘‘(C) 6 members shall be appointed by the 
President pro tempore of the Senate, 3 members 
on the recommendation of the majority leader of 
the Senate, and 3 members on the recommenda-
tion of the minority leader of the Senate. 
‘‘(2) QUALIFICATIONS.—Individuals shall be ap-
pointed as members of the Committee— 
‘‘(A) on the basis of the individuals’ experi-
ence, integrity, impartiality, and good judgment; 
‘‘(B) from among individuals who are rep-
resentatives of, or knowledgeable concerning, edu-
cation and training beyond secondary education, 
representing all sectors and types of institutions 
of higher education (as defined in section 102); 
and 
‘‘(C) on the basis of the individuals’ tech-
nical qualifications, professional standing, and 
demonstrated knowledge in the fields of accredi-
tation and administration in higher education. 
‘‘(3) TERMS OF MEMBERS.—Except as provided 
in paragraph (5), the term of office of each member 
of the Committee shall be for 6 years, except that any 
member appointed to fill a vacancy occurring prior 
to the expiration of the term for which the member’s 
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predecessor was appointed shall be appointed for the 
remainder of such term. 
‘‘(4) VACANCY.—A vacancy on the Committee 
shall be filled in the same manner as the original ap-
pointment was made not later than 90 days after the 
vacancy occurs. If a vacancy occurs in a position to 
be filled by the Secretary, the Secretary shall publish 
a Federal Register notice soliciting nominations for 
the position not later than 30 days after being noti-
fied of the vacancy. 
‘‘(5) INITIAL TERMS.—The terms of office for the 
initial members of the Committee shall be— 
‘‘(A) 3 years for members appointed under 
paragraph (1)(A); 
‘‘(B) 4 years for members appointed under 
paragraph (1)(B); and 
‘‘(C) 6 years for members appointed under 
paragraph (1)(C). 
‘‘(6) CHAIRPERSON.—The members of the Com-
mittee shall select a chairperson from among the 
members. 
‘‘(c) FUNCTIONS.—The Committee shall— 
‘‘(1) advise the Secretary with respect to estab-
lishment and enforcement of the standards of accred-
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iting agencies or associations under subpart 2 of part 
H of title IV; 
‘‘(2) advise the Secretary with respect to the rec-
ognition of a specific accrediting agency or associa-
tion; 
‘‘(3) advise the Secretary with respect to the 
preparation and publication of the list of nationally 
recognized accrediting agencies and associations; 
‘‘(4) advise the Secretary with respect to the eli-
gibility and certification process for institutions of 
higher education under title IV, together with rec-
ommendations for improvements in such process; 
‘‘(5) advise the Secretary with respect to the re-
lationship between— 
‘‘(A) accreditation of institutions of higher 
education and the certification and eligibility of 
such institutions; and 
‘‘(B) State licensing responsibilities with re-
spect to such institutions; 
‘‘(6) take into consideration the complaints, and 
the resolution of such complaints, received by the om-
budsman described in section 497 when advising the 
Secretary with respect to the recognition of a specific 
accrediting agency or association; and 
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‘‘(7) carry out such other advisory functions re-
lating to accreditation and institutional eligibility as 
the Secretary may prescribe by regulation. 
‘‘(d) MEETING PROCEDURES.— 
‘‘(1) SCHEDULE.— 
‘‘(A) BIANNUAL MEETINGS.—The Committee 
shall meet not less often than twice each year, at 
the call of the Chairperson. 
‘‘(B) PUBLICATION
OF
DATE.—The Com-
mittee shall submit the date and location of each 
meeting in advance to the Secretary, and the 
Secretary shall publish such information in the 
Federal Register not later than 30 days before 
the meeting. 
‘‘(2) AGENDA.— 
‘‘(A) ESTABLISHMENT.—The agenda for a 
meeting of the Committee shall be established by 
the Chairperson and shall be submitted to the 
members of the Committee upon notification of 
the meeting. 
‘‘(B) OPPORTUNITY
FOR
PUBLIC
COM-
MENT.—The agenda shall include, at a min-
imum, opportunity for public comment during 
the Committee’s deliberations. 
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‘‘(3) FEDERAL ADVISORY COMMITTEE ACT.—The 
provisions of the Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the Committee, except 
that section 14 of such Act shall not apply. 
‘‘(e) LIMITATION.—The Committee shall not rec-
ommend denial of an application related to the recognition 
of an accrediting agency or association for any reason other 
than a reason set forth in section 496. 
‘‘(f) REPORT AND NOTICE.— 
‘‘(1) NOTICE.—The Secretary shall annually 
publish in the Federal Register— 
‘‘(A) a list containing, for each member of 
the Committee— 
‘‘(i) the member’s name; 
‘‘(ii) the date of the expiration of the 
member’s term of office; and 
‘‘(iii) the individual described in sub-
section (b)(1) who appointed the member; 
and 
‘‘(B) a solicitation of nominations for each 
expiring term of office on the Committee of a 
member appointed by the Secretary. 
‘‘(2) REPORT.—Not later than September 30 of 
each year, the Committee shall make an annual re-
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port to the Secretary, the authorizing committees, and 
the public. The annual report shall contain— 
‘‘(A) a detailed summary of the agenda and 
activities of, and the findings and recommenda-
tions made by, the Committee during the pre-
ceding fiscal year; 
‘‘(B) a list of the date and location of each 
meeting during the preceding fiscal year; 
‘‘(C) a list of the members of the Committee 
and appropriate contact information; and 
‘‘(D) a list of the functions of the Com-
mittee, including any additional functions estab-
lished by the Secretary through regulation. 
‘‘(g) TERMINATION.—The Committee shall terminate 
on September 30, 2012.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be effective January 1, 2009. 
SEC. 105. DRUG AND ALCOHOL ABUSE PREVENTION. 
Section 120 (20 U.S.C. 1011i) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (A), by striking ‘‘and’’ 
after the semicolon; 
(B) by redesignating subparagraph (B) as 
subparagraph (D); and 
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(C) by inserting after subparagraph (A) (as 
amended by subparagraph (A) of this para-
graph) the following: 
‘‘(B) determine the number of drug and al-
cohol-related incidents and fatalities that— 
‘‘(i) occur on the institution’s property 
or as part of any of the institution’s activi-
ties; and 
‘‘(ii) are reported to the institution; 
‘‘(C) determine the number and type of 
sanctions described in paragraph (1)(E) that are 
imposed by the institution as a result of drug 
and alcohol-related incidents and fatalities on 
the institution’s property or as part of any of the 
institution’s activities; and’’; 
(2) in subsection (e)(5), by striking ‘‘1999’’ and 
inserting ‘‘2009’’; and 
(3) by striking subsection (f). 
SEC. 106. PRIOR RIGHTS AND OBLIGATIONS. 
Section 121(a) (20 U.S.C. 1011j(a)) is amended— 
(1) in paragraph (1), by striking ‘‘1999 and for 
each of the 4 succeeding fiscal years’’ and inserting 
‘‘2009 and for each succeeding fiscal year’’; and 
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(2) in paragraph (2), by striking ‘‘1999 and for 
each of the 4 succeeding fiscal years’’ and inserting 
‘‘2009 and for each succeeding fiscal year’’. 
SEC. 107. IMPROVED INFORMATION CONCERNING THE FED-
ERAL STUDENT FINANCIAL AID WEBSITE. 
Section 131 (20 U.S.C. 1015) is amended by striking 
subsection (d) and inserting the following: 
‘‘(d) PROMOTION
OF
THE DEPARTMENT
OF EDU-
CATION FEDERAL STUDENT FINANCIAL AID WEBSITE.— 
The Secretary— 
‘‘(1) shall display a link to the Federal student 
financial aid website of the Department of Education 
in a prominent place on the homepage of the Depart-
ment of Education website; and 
‘‘(2) may use administrative funds available for 
the Department’s operations and expenses for the pur-
pose of advertising and promoting the availability of 
the Federal student financial aid website. 
‘‘(e) PROMOTION OF AVAILABILITY OF INFORMATION 
CONCERNING STUDENT FINANCIAL AID PROGRAMS
OF 
OTHER DEPARTMENTS AND AGENCIES.— 
‘‘(1) AVAILABILITY OF INFORMATION.—The Sec-
retary shall ensure that the eligibility requirements, 
application procedures, financial terms and condi-
tions, and other relevant information for each non-de-
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partmental student financial assistance program are 
easily accessible through the Federal student financial 
aid website and are incorporated into the search ma-
trix on such website in a manner that permits stu-
dents and parents to readily identify the programs 
that are appropriate to their needs and eligibility. 
‘‘(2) AGENCY RESPONSE.—Each Federal depart-
ment and agency shall promptly respond to surveys 
or other requests for the information required by 
paragraph (1), and shall identify for the Secretary 
any non-departmental student financial assistance 
program operated, sponsored, or supported by such 
Federal department or agency. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘non-departmental student financial 
assistance program’ means any grant, loan, scholar-
ship, fellowship, or other form of financial aid for 
students pursuing a postsecondary education that 
is— 
‘‘(A) distributed directly to the student or to 
the student’s account at on institution of higher 
education; and 
‘‘(B) operated, sponsored, or supported by a 
Federal department or agency other than the De-
partment of Education.’’. 
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SEC. 108. STATE COMMITMENT TO AFFORDABLE COLLEGE 
EDUCATION. 
Part C of title I (20 U.S.C. 1015) is amended by add-
ing at the end the following new section: 
‘‘SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE 
EDUCATION. 
‘‘(a) MAINTENANCE OF EFFORT REQUIRED.—A State 
shall provide for public institutions of higher education in 
such State for any academic year beginning on or after 
July 1, 2008, an amount which is— 
‘‘(1) equal to or greater than the average amount 
provided by such State to such institutions of higher 
education during the 5 most recent preceding aca-
demic years for which satisfactory data are available; 
or 
‘‘(2) equal to or greater than the amount pro-
vided by such State to such institutions of higher edu-
cation during the preceding academic year. 
‘‘(b) WAIVER.—The Secretary shall waive the require-
ments of subsection (a), if the Secretary determines that 
such a waiver would be equitable due to exceptional or un-
controllable circumstances, such as a natural disaster or a 
precipitous decline in the financial resources of a State or 
State educational agency, as appropriate. 
‘‘(c) VIOLATION OF MAINTENANCE OF EFFORT.—Not-
withstanding any other provision of law, the Secretary shall 
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withhold from any State that violates subsection (a) and 
does not receive a waiver pursuant to subsection (b) any 
amount that would otherwise be available to the State under 
section 415E until such State has made significant efforts 
to correct such violation. 
‘‘(d) RESEARCH INTO COST CONTAINMENT METH-
ODS.—The Secretary is authorized— 
‘‘(1) to identify methods of cost containment cur-
rently utilized by institutions of higher education and 
systems of such institutions, and research into other 
possible methods of cost containment; 
‘‘(2) to disseminate— 
‘‘(A) the information obtained by such re-
search to such institutions and systems; and 
‘‘(B) other information concerning research 
that has identified successful methods of cost con-
tainment; 
‘‘(3) to publicly recognize institutions of higher 
education that are doing an effective job at cost con-
tainment; and 
‘‘(4) to work together with such institutions and 
systems to implement these methods.’’. 
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SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CON-
SUMERS. 
Part C of title I (20 U.S.C. 1015) is further amended 
by adding after section 132 (as added by section 108 of this 
Act) the following new section: 
‘‘SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CON-
SUMERS. 
‘‘(a) NET PRICE.—In this section, the term ‘net price’ 
means the average yearly tuition and fees paid by a full- 
time undergraduate student at an institution of higher edu-
cation, after discounts and grants from the institution, the 
Federal Government, or a State have been applied to the 
full price of tuition and fees at the institution. 
‘‘(b) HIGHER EDUCATION PRICE INDEX.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the College Opportunity and 
Affordability Act of 2007, the Bureau of Labor Statis-
tics, in consultation with the Commissioner of Edu-
cation Statistics and representatives of institutions of 
higher education, shall develop higher education price 
indices that accurately reflect the annual change in 
tuition and fees for undergraduate students in the 
categories of institutions listed in paragraph (2). 
Such indices shall be updated annually. Prior to the 
completion of the higher education price index, the 
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Secretary is authorized to use an alternative, com-
parable index. 
‘‘(2) 
DEVELOPMENT.—The 
higher 
education 
price indices under paragraph (1) shall be developed 
for each of the following categories: 
‘‘(A) 4-year public institutions of higher 
education. 
‘‘(B) 4-year private, nonprofit institutions 
of higher education. 
‘‘(C) 4-year private, for-profit institutions 
of higher education. 
‘‘(D) 2-year public institutions of higher 
education. 
‘‘(E) 2-year private, nonprofit institutions 
of higher education. 
‘‘(F) 2-year private, for-profit institutions 
of higher education. 
‘‘(G) Less than 2-year public institutions of 
higher education. 
‘‘(H) Less than 2-year private, nonprofit 
institutions of higher education. 
‘‘(I) Less than 2-year private, for-profit in-
stitutions of higher education. 
‘‘(J) All types of institutions described in 
subparagraphs (A) through (I). 
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‘‘(c) REPORTING.— 
‘‘(1) IN
GENERAL.—The Secretary shall make 
publicly available on an annual basis, in a sortable 
electronic format on the College Navigator website, a 
national list ranking institutions of higher education 
according to the percentage change and dollar change 
in such institutions’ tuition and fees over the pre-
ceding 3 years. Such list shall be capable of being 
sorted by State, by category as determined under 
paragraph (2), by percentage change, and by dollar 
change. The purpose of such list is to provide con-
sumers with general information on pricing trends 
among institutions of higher education nationally 
and in each State. 
‘‘(2) CATEGORIES.—The categories to be used for 
the list described in paragraph (1) are the categories 
listed in subparagraphs (A) through (I) of subsection 
(b)(2). 
‘‘(3) HIGHER
EDUCATION
PRICE
INCREASE 
WATCH LISTS.—Effective July 1, 2008, the Secretary 
shall annually update and make publicly available on 
the College Navigator website, the national list devel-
oped under paragraph (1), and the list for each State, 
ranking each institution of higher education whose 
tuition and fees outpace such institution’s applicable 
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higher education price index described in subsection 
(b). Such lists shall— 
‘‘(A) be known as the Higher Education 
Price Increase Watch Lists; 
‘‘(B) report the full price of tuition and fees 
at the institution and the net price; 
‘‘(C) include data cells for common expendi-
tures for institutions to utilize; 
‘‘(D) where applicable, report the average 
price of room and board for students living on 
campus at the institution, except that such price 
shall not be used in determining whether an in-
stitution’s cost outpaces such institution’s appli-
cable higher education price index; and 
‘‘(E) be compiled by the Secretary in a pub-
lic document to be widely published and dissemi-
nated. 
‘‘(4) QUALITY EFFICIENCY TASK FORCES.— 
‘‘(A) REQUIRED.—Each institution subject 
to paragraph (3) shall establish a quality-effi-
ciency task force to review the operations of such 
institution. 
‘‘(B) FUNCTIONS.—Such task force shall 
analyze institutional operating costs in compari-
son with such costs at other institutions within 
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the same category of institutions. Such analysis 
shall identify areas where, in comparison with 
other institutions in such class, the institution 
operates more expensively to produce a similar 
result. Any identified areas shall then be targeted 
for in-depth analysis for cost reduction opportu-
nities. 
‘‘(C) REPORT.—The results of the analysis 
by a quality-efficiency task force under this 
paragraph shall be made available to the public 
on the College Navigator website. 
‘‘(5) EXEMPTIONS.—Notwithstanding paragraph 
(3), an institution shall not be placed on the higher 
education watch list if, for any 3-year interval for the 
computed price under paragraph (1)— 
‘‘(A) with respect to the category of institu-
tions described in paragraph (2) to which the in-
stitution belongs, the computed price of the insti-
tution is in the lowest quartile of institutions 
within such class, as determined by the Sec-
retary, during the last year of such 3-year inter-
val; or 
‘‘(B) the institution has a percentage 
change in its full price computed under para-
graph (3) that exceeds the higher education price 
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index, or exceeds the applicable higher education 
price index over the same time period, but the 
dollar amount of the full price increase is less 
than $500, or the full price increase is an aver-
age of the higher education price index plus $500 
per year. 
‘‘(6) STATE
HIGHER
EDUCATION
APPROPRIA-
TIONS CHART.—The Secretary shall annually report 
on the Department’s website, in charts for each 
State— 
‘‘(A) a comparison of the percentage change 
in State appropriations per enrolled student in 
a public institution of higher education in the 
State to the percentage change in tuition and 
fees for each public institution of higher edu-
cation in the State for each of the previous 5 
years; and 
‘‘(B) the total amount of need-based and 
merit-based aid provided by the State to students 
enrolled in an institution of higher education in 
the State. 
‘‘(d) NET PRICE CALCULATOR.— 
‘‘(1) DEVELOPMENT.—Not later than 1 year 
after the date of enactment of the College Opportunity 
and Affordability Act of 2007, the Secretary shall, in 
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consultation with institutions of higher education, de-
velop and make several model net price calculators to 
help students, families, and consumers determine the 
net price of an institution of higher education, which 
institutions of higher education may, at their discre-
tion, elect to use pursuant to paragraph (3). 
‘‘(2) CATEGORIES.—The model net price calcula-
tors described in paragraph (1) shall be developed for 
each of the categories listed in subparagraphs (A) 
through (I) of subsection (b)(2). 
‘‘(3) USE OF NET PRICE CALCULATOR BY INSTI-
TUTIONS.—Not later than 3 years after the date of en-
actment of the College Opportunity and Affordability 
Act of 2007, each institution of higher education that 
receives Federal funds under this Act shall adopt and 
use a net price calculator to help students, families, 
and other consumers determine the net price of such 
institution of higher education. Such calculator may 
be— 
‘‘(A) based on a model calculator developed 
by the Department; or 
‘‘(B) developed by the institution of higher 
education. 
‘‘(e) NET PRICE REPORTING IN APPLICATION INFOR-
MATION.—An institution of higher education that receives 
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Federal funds under this Act shall include, in the materials 
accompanying an application for admission to the institu-
tion, the most recent information regarding the net price 
of the institution, calculated for each quartile of students 
based on the income of either the students’ parents or, in 
the case of independent students (as such term is described 
in section 480), of the students, for each of the 2 academic 
years preceding the academic year for which the application 
is produced. 
‘‘(f) ENHANCED COLLEGE NAVIGATOR.— 
‘‘(1) UNIVERSITY AND COLLEGE ACCOUNTABILITY 
NETWORK.—Not later than 1 year after the date of 
enactment of the College Opportunity and Afford-
ability Act of 2007, the Secretary shall develop a 
model format for annually publicly displaying basic 
information about an institution of higher education 
that chooses to participate, to be posted on the College 
Navigator and made available to institutions of high-
er education, students, families, and other consumers. 
Such document shall be known as the University and 
College Accountability Network (U–CAN), and shall 
include, the following information about the institu-
tion of higher education for the most recent academic 
year for which the institution has available data, pre-
sented in a consumer-friendly manner: 
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‘‘(A) A statement of the institution’s mis-
sion and specialties. 
‘‘(B) The total number of undergraduate 
students who applied, were admitted, and en-
rolled at the institution. 
‘‘(C) Where applicable, reading, writing, 
mathematics, and combined scores on the SAT or 
ACT for the middle 50 percent range of the insti-
tution’s freshman class. 
‘‘(D) Enrollment of full-time, part-time, 
and transfer students at the institution, at the 
undergraduate and (where applicable) graduate 
levels. 
‘‘(E) Percentage of male and female under-
graduate students enrolled at the institution. 
‘‘(F) Percentage of enrolled undergraduate 
students from the State in which the institution 
is located, from other States, and from other 
countries. 
‘‘(G) Percentage of enrolled undergraduate 
students at the institution by race and ethnic 
background. 
‘‘(H) Retention rates for full-time and part- 
time first-time, first-year undergraduate students 
enrolled at the institution. 
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‘‘(I) Average time to degree or certificate 
completion 
for 
first-time, 
first-year 
under-
graduate students enrolled at the institution. 
‘‘(J) Percentage of enrolled undergraduate 
students who graduate within 2 years (in the 
case of 2-year institutions), and 4, 5, and 6 
years (in the case of 2-year and 4-year institu-
tions). 
‘‘(K) Number of students who obtained a 
certificate or an associate’s, bachelor’s, master’s, 
or doctoral degree at the institution. 
‘‘(L) Undergraduate major areas of study 
with the highest number of degrees awarded. 
‘‘(M) The student-faculty ratio, and number 
of full-time, part-time, and adjunct faculty, and 
graduate teaching and research assistants with 
instructional responsibilities, at the institution. 
‘‘(N) Percentage of faculty at the institution 
with the highest degree in their field. 
‘‘(O) Percentage change in total price in 
tuition and fees and the net price for an under-
graduate at the institution in each of the pre-
ceding 3 academic years. 
‘‘(P) Total average yearly cost of tuition 
and fees, room and board, and books and other 
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related costs for an undergraduate student en-
rolled at the institution, for— 
‘‘(i) full-time undergraduate students 
living on campus; 
‘‘(ii) full-time undergraduate students 
living off campus; and 
‘‘(iii) in the case of students attending 
a public institution of higher education, 
such costs for in-State and out-of-State stu-
dents living on and off campus. 
‘‘(Q) Average yearly grant amount (includ-
ing Federal, State, and institutional aid) for a 
student enrolled at the institution. 
‘‘(R) Average yearly amount of Federal stu-
dent loans, and other loans provided through the 
institution, to undergraduate students enrolled at 
the institution. 
‘‘(S) Total yearly grant aid available to un-
dergraduate students enrolled at the institution, 
from the Federal Government, a State, the insti-
tution, and other sources. 
‘‘(T) Percentage of undergraduate students 
enrolled at the institution receiving Federal, 
State, and institutional grants, student loans, 
and any other type of student financial assist-
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ance provided publicly or through the institu-
tion, such as Federal work-study funds. 
‘‘(U) Number of students receiving Federal 
Pell Grants at the institution. 
‘‘(V) Average net price for all under-
graduate students enrolled at the institution. 
‘‘(W) Percentage of first-year undergraduate 
students enrolled at the institution who live on 
campus and off campus. 
‘‘(X) Information on the policies of the in-
stitution related to transfer of credit from other 
institutions. 
‘‘(Y) Information on campus safety required 
to be collected under section 485(f). 
‘‘(Z) Links to the appropriate sections of 
the institution’s website that provide information 
on student activities offered by the institution, 
such as intercollegiate sports, student organiza-
tions, study abroad opportunities, intramural 
and club sports, specialized housing options, 
community service opportunities, cultural and 
arts opportunities on campus, religious and 
spiritual life on campus, and lectures and out-
side learning opportunities. 
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‘‘(AA) Links to the appropriate sections of 
the institution’s website that provide information 
on services offered by the institution to students 
during and after college, such as internship op-
portunities, career and placement services, and 
preparation for further education. 
‘‘(2) CONSULTATION.—The Secretary shall en-
sure that current and prospective college students, 
family members of such students, and institutions of 
higher education are consulted in carrying out para-
graph (1). 
‘‘(g) STUDENT AID RECIPIENT SURVEY.— 
‘‘(1) SURVEY
REQUIRED.—The Secretary shall 
conduct a survey of student aid recipients under title 
IV on a regular cycle and State-by-State basis, but 
not less than once every 4 years— 
‘‘(A) to identify the population of students 
receiving Federal student aid; 
‘‘(B) to describe the income distribution and 
other socioeconomic characteristics of federally 
aided students; 
‘‘(C) to describe the combinations of aid 
from State, Federal, and private sources received 
by students from all income groups; 
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‘‘(D) to describe the debt burden of edu-
cational loan recipients and their capacity to 
repay their education debts, and the impact of 
such debt burden on career choices; 
‘‘(E) to describe the role played by the price 
of postsecondary education in the determination 
by students of what institution to attend; and 
‘‘(F) to describe how the increased costs of 
textbooks and other instructional materials af-
fects the costs of postsecondary education to stu-
dents. 
‘‘(2) SURVEY DESIGN.—The survey shall be rep-
resentative of full-time and part-time, undergraduate, 
graduate, professional, and current and former stu-
dents in all types of institutions, and designed and 
administered in consultation with the Congress and 
the postsecondary education community. 
‘‘(3) DISSEMINATION.—The Commissioner of 
Education Statistics shall disseminate the informa-
tion resulting from the survey in both printed and 
electronic form. 
‘‘(h) REGULATIONS.—The Secretary is authorized to 
issue such regulations as may be necessary to carry out the 
provisions of this section.’’. 
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SEC. 110. TEXTBOOK INFORMATION. 
Part C of title I (20 U.S.C. 1015) is further amended 
by adding after section 133 (as added by section 109 of this 
Act) the following new section: 
‘‘SEC. 134. TEXTBOOK INFORMATION. 
‘‘(a) PURPOSE AND INTENT.—The purpose of this sec-
tion is to ensure that every student in higher education is 
offered better and more timely access to affordable course 
materials by educating and informing faculty, students, ad-
ministrators, institutions of higher education, bookstores, 
distributors, and publishers on all aspects of the selection, 
purchase, sale, and use of course materials. It is the intent 
of this section— 
‘‘(1) to have all involved parties work together to 
identify ways to decrease the cost of college textbooks 
and supplemental materials for students while pro-
tecting the academic freedom of faculty members to se-
lect high quality course materials for students; and 
‘‘(2) to encourage— 
‘‘(A) college textbook publishers and dis-
tributors to work with faculty to promote under-
standing of the cost to students of purchasing 
faculty selected textbooks, including the disclo-
sure of prices and bundling practices; 
‘‘(B) college bookstores to work with faculty 
to review timelines and processes for ordering 
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and stocking course materials, and to disclose 
costs to faculty and students in a timely man-
ner; 
‘‘(C) institutions of higher education to im-
plement numerous options to address college text-
book affordability; 
‘‘(D) institutions of higher education to 
work with student organizations to help students 
understand the factors driving textbook costs and 
available methods and resources to mitigate the 
effects of those costs; and 
‘‘(E) innovation in the development and use 
of course materials (including course materials 
utilizing the principles of universal design) and 
technologies that can help students receive the 
full value of their educational investment. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) BUNDLE.—The term ‘bundle’ means one or 
more college textbooks or other supplemental learning 
materials that may be packaged together to be sold as 
course materials for one price. 
‘‘(2) COLLEGE
TEXTBOOK.—The term ‘college 
textbook’ means a textbook or a set of textbooks, used 
for, or in conjunction with, a course in postsecondary 
education at an institution of higher education. 
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‘‘(3) COURSE
SCHEDULE.—The term ‘course 
schedule’ means a listing of the courses or classes of-
fered by an institution of higher education for an 
academic period, as defined by the institution. 
‘‘(4) CUSTOM
TEXTBOOK.—The term ‘custom 
textbook’— 
‘‘(A) means a college textbook that is com-
piled at the direction of a faculty member or 
other person or adopting entity in charge of se-
lecting course materials at an institution of 
higher education; and 
‘‘(B) may include, alone or in combination, 
items such as selections from original instructor 
materials, previously copyrighted publisher ma-
terials, copyrighted third-party works, and ele-
ments unique to a specific institution, such as 
commemorative editions. 
‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘institution of higher education’ has the meaning 
given the term in section 102. 
‘‘(6) INTEGRATED TEXTBOOK.—The term ‘inte-
grated textbook’ means a college textbook that is com-
bined with materials developed by a third party and 
that, by third-party contractual agreement, may not 
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be offered by publishers separately from the college 
textbook with which the materials are combined. 
‘‘(7) PUBLISHER.—The term ‘publisher’ means a 
publisher of college textbooks or supplemental mate-
rials involved in or affecting interstate commerce. 
‘‘(8) SUBSTANTIAL
CONTENT.—The term ‘sub-
stantial content’ means parts of a college textbook, 
such as new chapters, additional eras of time, new 
themes, or new subject matter. 
‘‘(9) SUPPLEMENTAL MATERIAL.—The term ‘sup-
plemental material’ means educational material de-
veloped to accompany a college textbook, which— 
‘‘(A) may include printed materials, com-
puter disks, website access, and electronically 
distributed materials; and 
‘‘(B) is not bound by third-party contrac-
tual agreements to be sold in an integrated text-
book. 
‘‘(c) PUBLISHER REQUIREMENTS.— 
‘‘(1) COLLEGE
TEXTBOOK
PRICING
INFORMA-
TION.—When a publisher provides a faculty member 
or other person or adopting entity in charge of select-
ing course materials at an institution of higher edu-
cation with information regarding a college textbook 
or supplemental material, the publisher shall include, 
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with any such information and in writing, the fol-
lowing: 
‘‘(A) The price at which the publisher would 
make the college textbook or supplemental mate-
rial available to the bookstore on the campus of, 
or otherwise associated with, such institution of 
higher education. 
‘‘(B) The copyright dates of all previous 
editions of such college textbook, if any. 
‘‘(C) The substantial content revisions made 
between the current edition of the college textbook 
or supplemental material and the previous edi-
tion, if any. 
‘‘(D) Whether the college textbook or supple-
mental material is available in any other for-
mat, including paperback and unbound, and the 
price at which the publisher would make the col-
lege textbook or supplemental material in the 
other format available to the bookstore on the 
campus of, or otherwise associated with, such in-
stitution of higher education. 
‘‘(2) UNBUNDLING
OF
COLLEGE
TEXTBOOKS 
FROM SUPPLEMENTAL MATERIALS.—A publisher that 
sells a college textbook and any supplemental material 
accompanying such college textbook as a single bundle 
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shall also make available the college textbook and each 
supplemental material as separate and unbundled 
items, each separately priced. 
‘‘(3) CUSTOM
TEXTBOOKS.—To the maximum 
extent practicable, publishers shall provide the infor-
mation required under this subsection with respect to 
the development and provision of custom textbooks. 
‘‘(d) PROVISION OF ISBN COLLEGE TEXTBOOK INFOR-
MATION IN COURSE SCHEDULES.— 
‘‘(1) INTERNET COURSE SCHEDULES.—Each in-
stitution of higher education, to the maximum extent 
practicable, shall— 
‘‘(A) disclose the International Standard 
Book Number and retail price information of re-
quired and recommended textbooks, related mate-
rials, and supplies for each course listed in the 
institution’s course schedule used for pre-reg-
istration and registration purposes; 
‘‘(B) if the International Standard Book 
Number is not available for the items listed in 
subparagraph (A), use the author, title, pub-
lisher, and copyright date; and 
‘‘(C) if the institution determines that the 
disclosure of the information described in the 
preceding subparagraphs for a course is not 
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practicable for a textbook, related material, or 
supply, then it should so indicate by placing the 
designation ‘To Be Determined’ in lieu of the in-
formation required under such subparagraphs. 
‘‘(2) WRITTEN COURSE SCHEDULES.—In the case 
of an institution of higher education that does not 
publish the institution’s course schedule for the subse-
quent academic period on the Internet, the institution 
of higher education shall include the information re-
quired under paragraph (1) in any printed version of 
the institution’s course schedule as it is available at 
the time of the course schedule’s printing. 
‘‘(e) AVAILABILITY OF INFORMATION FOR COLLEGE 
BOOKSTORES.—An institution of higher education shall 
make available, as soon as is practicable, upon the request 
of any college bookstore, the most accurate information 
available regarding— 
‘‘(1) the institution’s course schedule for the sub-
sequent academic period; and 
‘‘(2) for each course or class offered by the insti-
tution for the subsequent academic period— 
‘‘(A) the information required by subsection 
(d)(1) for each college textbook or supplemental 
material required or recommended for such 
course or class; 
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‘‘(B) the number of students enrolled in 
such course or class; and 
‘‘(C) the maximum student enrollment for 
such course or class. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to supercede the institutional auton-
omy or academic freedom of instructors involved in the se-
lection of college textbooks and classroom materials. 
‘‘(g) EFFECTIVE DATE.—This section shall be effective 
on and after July 1, 2008.’’. 
SEC. 111. DATABASE OF STUDENT INFORMATION PROHIB-
ITED. 
Part C of title I (20 U.S.C. 1015) is further amended 
by adding after section 134 (as added by section 110 of this 
Act) the following new section: 
‘‘SEC. 135. DATABASE OF STUDENT INFORMATION PROHIB-
ITED. 
‘‘(a) PROHIBITION.—Except as described in subsection 
(b), nothing in this Act shall be construed to authorize the 
Secretary to develop, implement, or maintain a Federal 
database of personally identifiable information on individ-
uals receiving assistance under this Act, attending institu-
tions receiving assistance under this Act, or otherwise in-
volved in any studies or other collections of data under this 
Act, including a student unit record system, an education 
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bar code system, or any other system that tracks individual 
students over time. 
‘‘(b) EXCEPTION.—The provisions of subsection (a) 
shall not apply to a system (or a successor system) that 
is necessary for the operation of programs authorized by 
title II, IV, or VII, or data required to be collected by the 
Secretary under this Act (including section 133(g)), that 
were in use by the Secretary, directly or through a con-
tractor, as of the day before the date of enactment of the 
College Opportunity and Affordability Act of 2007. 
‘‘(c) STATE DATABASES.—Nothing in this Act shall 
prohibit a State or a consortium of States from developing, 
implementing, or maintaining State-developed databases 
that track individuals over time, including student unit 
record systems that contain information related to enroll-
ment, attendance, graduation and retention rates, student 
financial assistance, and graduate employment outcomes.’’. 
SEC. 112. INSTITUTION AND LENDER REPORTING AND DIS-
CLOSURE REQUIREMENTS. 
Title I (20 U.S.C. 1001 et seq.) is amended by adding 
at the end the following: 
‘‘PART E—LENDER AND INSTITUTION REQUIRE-
MENTS RELATING TO EDUCATIONAL LOANS 
‘‘SEC. 151. DEFINITIONS. 
‘‘In this part: 
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‘‘(1) COVERED INSTITUTION.—The term ‘covered 
institution’— 
‘‘(A) means any educational institution 
that— 
‘‘(i) offers a postsecondary educational 
degree, certificate, or program of study (in-
cluding any institution of higher education, 
as such term is defined in section 102); and 
‘‘(ii) receives any Federal funding or 
assistance; and 
‘‘(B) includes an authorized agent of the 
educational institution (including an alumni as-
sociation, booster club, or other organization di-
rectly or indirectly authorized by such institu-
tion) or an employee of such institution. 
‘‘(2) EDUCATIONAL
LOAN.—The term ‘edu-
cational loan’ (except when used as part of the term 
‘private educational loan’) means— 
‘‘(A) any loan made, insured, or guaranteed 
under title IV; or 
‘‘(B) a private educational loan (as defined 
in paragraph (6)). 
‘‘(3) PREFERRED LENDER ARRANGEMENT.—The 
term ‘preferred lender arrangement’— 
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‘‘(A) means an arrangement or agreement 
between a lender and a covered institution— 
‘‘(i) under which arrangement or 
agreement a lender provides or otherwise 
issues educational loans to the students at-
tending the covered institution or the par-
ents of such students; and 
‘‘(ii) which arrangement or agreement 
relates to the covered institution recom-
mending, promoting, or endorsing the edu-
cational loan product of the lender; and 
‘‘(B) does not include— 
‘‘(i) arrangements or agreements with 
respect to loans under parts D or E of title 
IV; or 
‘‘(ii) arrangements or agreements with 
respect to loans under section 499(b). 
‘‘(4) LENDER.— 
‘‘(A) IN GENERAL.—The term ‘lender’— 
‘‘(i) means a creditor, except that such 
term shall not include an issuer of credit se-
cured by a dwelling or under an open end 
credit plan; and 
‘‘(ii) includes an agent of a lender. 
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‘‘(B) INCORPORATION
OF
TILA
DEFINI-
TIONS.—The terms ‘creditor’, ‘dwelling’, and 
‘open end credit plan’ have the meanings given 
such terms in section 103 of the Truth in Lend-
ing Act (15 U.S.C. 1602). 
‘‘(5) OFFICER.—The term ‘officer’ includes a di-
rector or trustee of a covered institution, if such indi-
vidual is treated as an employee of the covered insti-
tution. 
‘‘(6) PRIVATE
EDUCATIONAL
LOAN.—The term 
‘private educational loan’ means a private loan pro-
vided by a lender that— 
‘‘(A) is not made, insured, or guaranteed 
under title IV; and 
‘‘(B) is issued by a lender expressly for 
postsecondary educational expenses to a student, 
or the parent of the student, regardless of whether 
the loan involves enrollment certification by the 
educational institution that the student attends. 
‘‘(7) 
POSTSECONDARY
EDUCATIONAL
EX-
PENSES.—The term ‘postsecondary educational ex-
penses’ means any of the expenses that are included 
as part of a student’s cost of attendance, as defined 
under section 472. 
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‘‘SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITU-
TIONS PARTICIPATING IN PREFERRED LEND-
ER ARRANGEMENTS. 
‘‘(a) CERTIFICATION BY LENDERS.—In addition to 
any other disclosure required under Federal law, each lend-
er under part B of title IV that participates in one or more 
preferred lender arrangements shall annually certify its 
compliance with the requirements of this Act. Such compli-
ance of such preferred lender arrangement shall be reported 
on and attested to annually by the auditor of such lender 
in 
the 
audit 
conducted 
pursuant 
to 
section 
428(b)(1)(U)(iii). 
‘‘(b) USE OF INSTITUTION NAME.— 
‘‘(1) IN GENERAL.—A covered institution that 
has entered into a preferred lender arrangement with 
a lender regarding private educational loans shall not 
agree to the lender’s use of the name, emblem, mascot, 
or logo of the institution, or other words, pictures, or 
symbols readily identified with the institution, in the 
marketing of private educational loans to the students 
attending the institution in any way that implies 
that the institution endorses the private educational 
loans offered by the lender. 
‘‘(2) APPLICABILITY.—Paragraph (1) shall apply 
to any preferred lender arrangement, or extension of 
such arrangement, entered into or renewed after the 
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date of enactment of the College Opportunity and Af-
fordability Act of 2007. 
‘‘SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS 
AND 
LENDERS 
PARTICIPATING 
IN 
PRE-
FERRED LENDER ARRANGEMENTS. 
‘‘(a) DUTIES OF THE SECRETARY.— 
‘‘(1) REPORT AND MODEL FORMAT.—Not later 
than 180 days after the date of enactment of the Col-
lege Opportunity and Affordability Act of 2007, the 
Secretary shall— 
‘‘(A) prepare a report on the adequacy of 
the information provided to students and the 
parents of such students about educational loans, 
after consulting with students, representatives of 
covered institutions (including financial aid ad-
ministrators, registrars, and business officers), 
lenders, loan servicers, and guaranty agencies; 
‘‘(B) develop and prescribe by regulation a 
model disclosure form to be used by lenders and 
covered institutions in carrying out subsections 
(b) and (c) that— 
‘‘(i) will be easy for students and par-
ents to read and understand; 
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‘‘(ii) will be easily usable by lenders, 
institutions, guaranty agencies, and loan 
servicers; 
‘‘(iii) will provide students and par-
ents with the relevant, meaningful, and 
standard information about the terms and 
conditions for both Federal and private edu-
cational loans; 
‘‘(iv) is based on the report’s findings 
and developed in consultation with— 
‘‘(I) students; 
‘‘(II) representatives of covered in-
stitutions, including financial aid ad-
ministrators, registrars, business offi-
cers, and student affairs officials; 
‘‘(III) lenders; 
‘‘(IV) loan servicers; 
‘‘(V) guaranty agencies; and 
‘‘(VI) with respect to the require-
ments of clause (vi) concerning private 
educational loans, the Board of Gov-
ernors of the Federal Reserve System; 
‘‘(v) provides information on the appli-
cable interest rates and other terms and 
conditions of the educational loans provided 
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by a lender to students attending the insti-
tution, or the parents of such students, 
disaggregated by each type of educational 
loan (including opportunity pools as de-
fined in section 155(f)) provided to such 
students or parents by the lender, includ-
ing— 
‘‘(I) the rate of interest, or the po-
tential range of rates of interest, appli-
cable to the loan, and whether such 
rates are fixed or variable; 
‘‘(II) limitations, if any, on inter-
est rate adjustments, both in terms of 
frequency and amount, or lack thereof; 
‘‘(III) co-borrower requirements, 
including changes in interest rates; 
‘‘(IV) any fees associated with the 
loan; 
‘‘(V) the repayment terms avail-
able on the loan; 
‘‘(VI) 
the 
opportunity 
for 
deferment or forbearance in repayment 
of the loan, including whether the loan 
payments can be deferred if the student 
is in school; 
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‘‘(VII) any additional terms and 
conditions applied to the loan, includ-
ing any benefits that are contingent on 
the repayment behavior of the bor-
rower; 
‘‘(VIII) the annual percentage 
rate for such loans, determined in the 
manner required under section 107 of 
the Truth in Lending Act (15 U.S.C. 
1606); 
‘‘(IX) an example of the total cost 
of the educational loan over the life of 
the loan which shall be calculated— 
‘‘(aa) 
using 
a 
principal 
amount and the maximum rate of 
interest actually offered by the 
lender; and 
‘‘(bb) both with and without 
capitalization of interest, if that 
is an option for postponing inter-
est payments; 
‘‘(X) the consequences for the bor-
rower of defaulting on a loan, includ-
ing any limitations on the discharge of 
an educational loan in bankruptcy; 
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‘‘(XI) contact information for the 
lender; and 
‘‘(XII) any philanthropic con-
tributions made by the lender to the 
covered institution, including the pur-
pose of the contribution and any condi-
tions related to its use; and 
‘‘(vi) provides, in addition, with re-
spect to private educational loans, the fol-
lowing information with respect to loans 
made by each lender recommended by the 
covered institution: 
‘‘(I) the method of determining the 
interest rate of the loan; 
‘‘(II) potential finance charges, 
late fees, penalties, and adjustments to 
principal, based on defaults or late 
payments of the borrower; and 
‘‘(III) such other information as 
the Secretary may require; and 
‘‘(C)(i) submit the report and model disclo-
sure form to the authorizing committees; and 
‘‘(ii) make the report and model disclosure 
form available to covered institutions, lenders, 
and the public. 
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‘‘(2) MODEL FORM UPDATE.—Not later than 1 
year after the submission of the report and model dis-
closure form described in paragraph (1)(B), the Sec-
retary shall— 
‘‘(A) assess the adequacy of the model dis-
closure form; 
‘‘(B) after consulting with students, rep-
resentatives of covered institutions (including fi-
nancial aid administrators, registrars, business 
officers, and student affairs officials), lenders, 
loan servicers, guaranty agencies, and the Board 
of Governors of the Federal Reserve System— 
‘‘(i) prepare a list of any improve-
ments to the model disclosure form that 
have been identified as beneficial to bor-
rowers; and 
‘‘(ii) update the model disclosure form 
after taking such improvements into consid-
eration; and 
‘‘(C)(i) submit the list of improvements and 
updated model disclosure form to the authorizing 
committees; and 
‘‘(ii) make the updated model disclosure 
form available to covered institutions, lenders, 
and the public. 
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‘‘(3) USE OF FORM.—The Secretary shall take 
such steps as necessary to make the model disclosure 
form, and the updated model disclosure form, avail-
able to covered institutions and to encourage— 
‘‘(A) lenders subject to subsection (b) to use 
the model disclosure form or updated model dis-
closure form (if available) in providing the infor-
mation required under subsection (b); and 
‘‘(B) covered institutions to use such format 
in preparing the information reported under 
subsection (c). 
‘‘(4) PROCEDURES.—Sections 482(c) and 492 of 
this Act shall not apply to the model disclosure form 
prescribed under paragraph (1)(B), but shall apply to 
the updating of such form under paragraph (2). 
‘‘(b) LENDER DUTIES.—Each lender that has a pre-
ferred lender arrangement with a covered institution shall, 
by August 1 of each year, provide to the covered institution 
and to the Secretary the information included on the model 
disclosure form or an updated model disclosure form (if 
available) for each type of educational loan (including op-
portunity pools as defined in section 155(f)) to be offered 
by the lender to students attending the covered institution, 
or the parents of such students, for the forthcoming aca-
demic year. 
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‘‘(c) COVERED INSTITUTION REPORTS.—Each covered 
institution shall— 
‘‘(1) prepare and submit to the Secretary an an-
nual report, by a date determined by the Secretary, 
that includes, for each lender that has a preferred 
lender arrangement with the covered institution and 
that has submitted to the institution the information 
required under subsection (b)— 
‘‘(A) the information included on the model 
disclosure form or updated model disclosure form 
(if available) for each type of educational loan 
provided by the lender to students attending the 
covered institution, or the parents of such stu-
dents; and 
‘‘(B) a detailed explanation of why the cov-
ered institution believes the terms and conditions 
of each type of educational loan provided pursu-
ant to the agreement are beneficial for students 
attending the covered institution, or the parents 
of such students; and 
‘‘(2) ensure that the report required under para-
graph (1) is made available to the public and pro-
vided to students attending or planning to attend the 
covered institution, and the parents of such students, 
in time for the student or parent to take such infor-
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mation into account before applying for or selecting 
an educational loan. 
‘‘(d) DISCLOSURES BY COVERED INSTITUTIONS.—A 
covered institution shall disclose, on its website and in the 
informational materials described in subsection (e)— 
‘‘(1) a statement that— 
‘‘(A) indicates that students are not limited 
to or required to use the lenders the institution 
recommends; and 
‘‘(B) the institution is required to process 
the documents required to obtain a Federal edu-
cational loan from any eligible lender the student 
selects; 
‘‘(2) at a minimum, all of the information pro-
vided by the model disclosure form prescribed under 
subsection (a)(1)(B), or updated model disclosure 
form (if available), with respect to any lender rec-
ommended by the institution for Federal educational 
loans and, as applicable, private educational loans 
(including opportunity pools as defined in section 
155(f)); 
‘‘(3) the maximum amount of Federal grant and 
loan aid available to students in an easy-to-under-
stand format; and 
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‘‘(4) the institution’s cost of attendance (as deter-
mined under section 472). 
‘‘(e) INFORMATIONAL MATERIALS.—The informational 
materials described in this subsection are publications, 
mailings, or electronic messages or media distributed to 
prospective or current students and parents of students that 
describe or discuss the financial aid opportunities available 
to students at an institution of higher education. 
‘‘SEC. 154. PRIVATE EDUCATIONAL LOAN DISCLOSURE RE-
QUIREMENTS FOR COVERED INSTITUTIONS. 
‘‘A covered institution that provides information to 
any student, or the parent of such student, regarding a pri-
vate educational loan from a lender shall, prior to or con-
current with such information— 
‘‘(1) inform the student or parent of— 
‘‘(A) the student or parent’s eligibility for 
assistance and loans under title IV; and 
‘‘(B) the terms and conditions of such pri-
vate educational loan that may be less favorable 
than the terms and conditions of educational 
loans for which the student or parent is eligible, 
including interest rates, repayment options, and 
loan forgiveness; and 
‘‘(2) ensure that information regarding such pri-
vate educational loan is presented in such a manner 
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as to be distinct from information regarding loans 
that are made, insured, or guaranteed under title IV. 
‘‘SEC. 155. INTEGRITY PROVISIONS. 
‘‘(a) INSTITUTION CODE OF CONDUCT REQUIRED.— 
‘‘(1) CODE OF CONDUCT.—Each institution of 
higher education that participates in the Federal stu-
dent loan programs under title IV or has students 
that obtain private educational loans shall— 
‘‘(A) develop a code of conduct in accord-
ance with paragraph (2) with which its officers, 
employees, and agents shall comply with respect 
to educational loans; 
‘‘(B) publish the code of conduct promi-
nently on its website; and 
‘‘(C) administer and enforce such code in 
accordance with the requirements of this sub-
section. 
‘‘(2) CONTENTS OF CODE.—The code required by 
this section shall— 
‘‘(A) prohibit a conflict of interest with the 
responsibilities of such officer, employee, or agent 
with respect to educational loans; and 
‘‘(B) at a minimum, include provisions in 
compliance with the provisions of the following 
subsections of this section. 
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‘‘(3) TRAINING AND COMPLIANCE.—An institu-
tion of higher education shall administer and enforce 
a code of conduct required by this section by, at a 
minimum, requiring all of its officers, employees, and 
agents with responsibilities with respect to edu-
cational loans to obtain training annually in compli-
ance with the code. 
‘‘(b) GIFT BAN.— 
‘‘(1) PROHIBITION.—No officer, employee, or 
agent of a covered institution who is employed in the 
financial aid office of the institution, or who other-
wise has responsibilities with respect to educational 
loans, shall solicit or accept any gift from a lender, 
guarantor, or servicer of educational loans. 
‘‘(2) INSPECTOR GENERAL REPORT.—The Inspec-
tor General of the Department of Education shall in-
vestigate any reported violation of this subsection and 
shall annually submit a report to the authorizing 
committees identifying all substantiated violations of 
the gift ban under paragraph (1), including the lend-
ers and covered institutions involved in each such vio-
lation, for the preceding year. 
‘‘(3) DEFINITION OF GIFT.— 
‘‘(A) IN GENERAL.—In this subsection, the 
term ‘gift’ means any gratuity, favor, discount, 
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entertainment, hospitality, loan, or other item 
having a monetary value of more than a de 
minimus amount. The term includes a gift of 
services, 
transportation, 
lodging, 
or 
meals, 
whether provided in kind, by purchase of a tick-
et, payment in advance, or reimbursement after 
the expense has been incurred. 
‘‘(B) EXCEPTIONS.—The term ‘gift’ shall 
not include any of the following: 
‘‘(i) Standard informational material 
related to a loan or financial literacy, such 
as a brochure. 
‘‘(ii) Food, refreshments, training, or 
informational material furnished to an offi-
cer, employee, or agent of an institution as 
an integral part of a training session that 
is designed to improve the service of a lend-
er, guarantor, or servicer of educational 
loans to the covered institution, if such 
training contributes to the professional de-
velopment of the officer, employee, or agent 
of the institution. 
‘‘(iii) Favorable terms, conditions, and 
borrower benefits on an educational loan 
provided to a student employed by the cov-
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ered institution if such terms, conditions, or 
benefits are comparable to those provided to 
all students of the institution. 
‘‘(iv) Exit counseling services provided 
to borrowers to meet a covered institution’s 
responsibilities for exit counseling as re-
quired by section 485(b) provided that— 
‘‘(I) a covered institution’s staff 
are in control of the counseling (wheth-
er in person or via electronic capabili-
ties); and 
‘‘(II) such counseling does not 
promote the products or services of any 
lender. 
‘‘(v) Philanthropic contributions to a 
covered institution from a lender, guar-
antor, or servicer of educational loans that 
are unrelated to educational loans, pro-
vided, as applicable, that such contributions 
are disclosed pursuant to section 153(a)(1) 
and section 153(a)(2). 
‘‘(C) RULE
FOR
GIFTS
TO
FAMILY
MEM-
BERS.—For purposes of this section, a gift to a 
family member of an officer, employee, or agent 
of a covered institution, or a gift to any other 
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individual based on that individual’s relation-
ship with the officer, employee, or agent, shall be 
considered a gift to the officer, employee, or 
agent if— 
‘‘(i) the gift is given with the knowl-
edge and acquiescence of the officer, em-
ployee, or agent; and 
‘‘(ii) the officer, employee, or agent has 
reason to believe the gift was given because 
of the official position of the officer, em-
ployee, or agent. 
‘‘(c) CONTRACTING ARRANGEMENTS PROHIBITED.— 
‘‘(1) PROHIBITION.—An officer, employee, or 
agent who is employed in the financial aid office of 
a covered institution, or who otherwise has respon-
sibilities with respect to educational loans, shall not 
accept from any lender or affiliate of any lender (as 
the term affiliate is defined in section 487(a)) any fee, 
payment, or other financial benefit (including the op-
portunity to purchase stock) as compensation for any 
type of consulting arrangement or other contract to 
provide services to a lender or on behalf of a lender. 
‘‘(2) EXCEPTIONS.—Nothing in this subsection 
shall be construed as prohibiting— 
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‘‘(A) an officer, employee, or agent of a cov-
ered institution who is not employed in the in-
stitution’s financial aid office, or who does not 
otherwise have responsibilities with respect to 
educational loans, from paid or unpaid service 
on a board of directors of a lender, guarantor, or 
servicer of educational loans; 
‘‘(B) an officer, employee, or agent of a cov-
ered institution who is not employed in the fi-
nancial aid office but who has responsibility 
with respect to educational loans as a result of 
a position held at the covered institution, from 
paid or unpaid service on a board of directors 
of a lender, guarantor, or servicer of educational 
loans, provided that the covered institution has 
a written conflict of interest policy that clearly 
sets forth that such an officer, employee, or agent 
must be recused from participating in any deci-
sion of the board with respect to any transaction 
regarding educational loans; or 
‘‘(C) an officer, employee, or agent of a 
lender, guarantor, or servicer of educational 
loans from serving on a board of directors or 
serving as a trustee of a covered institution, pro-
vided that the covered institution has a written 
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conflict of interest policy that clearly sets forth 
the procedures to be followed in instances where 
such a board member’s or trustee’s personal or 
business interests with respect to educational 
loans may be advanced by an action of the board 
of directors or trustees, including a provision 
that such a board member or trustee may not 
participate in any decision to approve any 
transaction where such conflicting interests may 
be advanced. 
‘‘(d) BAN ON REVENUE SHARING ARRANGEMENTS.— 
‘‘(1) PROHIBITION.—A covered institution shall 
not enter into any revenue sharing arrangement with 
any lender. 
‘‘(2) DEFINITION.—For purposes of this sub-
section, a revenue sharing arrangement is an ar-
rangement between a covered institution and a lender 
under which— 
‘‘(A) a lender provides or issues educational 
loans to students attending the institution or to 
parents of such students; and 
‘‘(B)(i) the institution recommends the lend-
er or the loan products of the lender; and 
‘‘(ii) in exchange, the lender pays a fee or 
provides other material benefits, including rev-
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enue or profit sharing, to the institution or offi-
cers, employees, or agents of the institution. 
‘‘(e) BAN ON STAFFING ASSISTANCE.— 
‘‘(1) PROHIBITION.—A covered institution shall 
not request or accept from any lender any assistance 
with call center staffing or financial aid office staff-
ing. 
‘‘(2) CERTAIN
ASSISTANCE
PERMITTED.—Noth-
ing in paragraph (1) shall be construed to prohibit a 
covered institution from requesting or accepting as-
sistance from a lender related to— 
‘‘(A) professional development training for 
financial aid administrators; 
‘‘(B) providing educational counseling ma-
terials, financial literacy materials, or debt 
management materials to borrowers, provided 
that such materials disclose to borrowers the 
identification of any lender that assisted in pre-
paring or providing such materials; or 
‘‘(C) staffing services on a short-term, non- 
recurring basis to assist the institution with fi-
nancial aid-related functions during emergencies, 
including State-declared or federally declared 
natural disasters, federally declared national dis-
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asters, and other localized disasters and emer-
gencies identified by the Secretary. 
‘‘(f) PROHIBITION ON OFFERS OF FUNDS FOR PRIVATE 
LOANS.— 
‘‘(1) PROHIBITION.—A covered institution shall 
not request or accept from any lender any offer of 
funds, including any opportunity pool, to be used for 
private educational loans to students in exchange for 
the covered institution providing concessions or prom-
ises to the lender with respect to such institution pro-
viding the lender with a specified number of loans, a 
specified loan volume, or a preferred lender arrange-
ment for any loan made, insured, or guaranteed 
under title IV, and a lender shall not make any such 
offer. 
‘‘(2) DEFINITION.—In this subsection, the term 
‘opportunity pool’ means an educational loan made 
by a private lender to a student attending the covered 
institution or the parent of such a student that is in 
any manner guaranteed by a covered institution, or 
that involves a payment, directly or indirectly, by 
such an institution of points, premiums, payments, 
additional interest, or other financial support to such 
lender for the purpose of such lender extending credit 
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to either the students or the parents of students of the 
institution. 
‘‘(g) BAN
ON PARTICIPATION
ON ADVISORY COUN-
CILS.—An officer, employee, or agent who is employed in 
the financial aid office of a covered institution, or who oth-
erwise has responsibilities with respect to educational loans, 
shall not serve on or otherwise participate with advisory 
councils of lenders or affiliates of lenders. Nothing in this 
subsection shall prohibit lenders from seeking advice from 
covered institutions or groups of covered institutions (in-
cluding through telephonic or electronic means, or a meet-
ing) in order to improve products and services for bor-
rowers, provided there are no gifts or compensation (includ-
ing for transportation, lodging, or related expenses) pro-
vided by lenders in connection with seeking this advice from 
such institutions. Nothing in this subsection shall prohibit 
an officer, employee, or agent of a covered institution from 
serving on the board of directors of a lender if required by 
State law. 
‘‘SEC. 156. COMPLIANCE AND ENFORCEMENT. 
‘‘(a) CONDITION OF ANY FEDERAL ASSISTANCE.—Not-
withstanding any other provision of law, a covered institu-
tion or lender shall comply with this part as a condition 
of receiving Federal funds or assistance provided after the 
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date of enactment of the College Opportunity and Afford-
ability Act of 2007. 
‘‘(b) PENALTIES.—Notwithstanding any other provi-
sion of law, if the Secretary determines, after providing no-
tice and an opportunity for a hearing for a covered institu-
tion or lender, that the covered institution or lender has 
violated subsection (a)— 
‘‘(1) in the case of a covered institution, or a 
lender that does not participate in a loan program 
under title IV, the Secretary may impose a civil pen-
alty in an amount of not more than $25,000; and 
‘‘(2) in the case of a lender that does participate 
in a program under title IV, the Secretary may limit, 
terminate, or suspend the lender’s participation in 
such program. 
‘‘(c) CONSIDERATIONS.—In taking any action against 
a covered institution or lender under subsection (b), the Sec-
retary shall take into consideration the nature and severity 
of the violation of subsection (a). 
‘‘SEC. 157. STUDENT LOAN COUNSELING. 
‘‘(a) BORROWER CONTACT.— 
‘‘(1) FFEL LOANS.—Each holder of a loan under 
part B of title IV shall contact the borrower each year 
after five years has passed from the date that a bor-
rower first selected either a graduated, extended, in-
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come sensitive, or income contingent repayment plan 
to ascertain if the borrower is able to select a repay-
ment plan with a shorter repayment period that 
would reduce the total interest paid on the borrower’s 
loan or loans under this part. 
‘‘(2) DIRECT LOANS.—The Secretary shall con-
tact the borrower of each loan under part D or E of 
title IV each year after five years has passed from the 
date that a borrower first selected either an extended, 
graduated, income contingent, or alternative repay-
ment plan to ascertain if the borrower is able to select 
a repayment plan for a shorter repayment period that 
would reduce the total interest paid on the borrower’s 
loan under this part. 
‘‘(b) REQUIRED DISCLOSURE BEFORE DISBURSE-
MENT.— 
‘‘(1) DISCLOSURES BEFORE REPAYMENT.—Each 
lender of a loan under part B of title IV, and the Sec-
retary with respect to each loan under part D or E 
of such title, shall provide to the borrower before re-
payment begins an explanation of principal to be bor-
rowed, current balance, interest already paid, and in-
terest due over the life of the loan, options by which 
borrowers may avoid or be removed from default, rel-
evant fees associated with these options, and repay-
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ment options available to the borrower entering re-
payment, including income contingent repayment 
and income-based repayment. 
‘‘(2) DISCLOSURES DURING REPAYMENT.—Each 
lender of a loan under part B of title IV, and the Sec-
retary with respect to each loan under part D or E 
of such title, shall provide to the borrower during re-
payment an explanation of principal borrowed, cur-
rent balance, interest already paid and interest due 
over the life of the loan, options by which borrowers 
may avoid or be removed from default, relevant fees 
associated with these options, and repayment options 
available to the borrower entering repayment, includ-
ing income contingent repayment and income-based 
repayment. Each such lender and the Secretary shall 
also notify any borrower who tells the lender or the 
Secretary that the borrower is having difficulty mak-
ing payments of the repayment options available, in-
cluding forbearance. Each such lender and the Sec-
retary shall make an explanation of repayment op-
tions available to the borrower, including income con-
tingent repayment and forbearance, before the loan is 
disbursed, before repayment, and during repayment if 
the borrower notifies the lender or the Secretary that 
the borrower is having difficulty making payments. 
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‘‘(c) INSTITUTIONAL COUNSELING.— 
‘‘(1) IN GENERAL.—Each institution of higher 
education shall, through financial aid officers or oth-
erwise, make available counseling to borrowers of 
loans which are made, insured, or guaranteed under 
part B (other than loans made pursuant to section 
428B) of this title or made under part D or E of this 
title prior to their signing the first promissory note. 
The counseling shall include— 
‘‘(A) average indebtedness of borrowers at 
that school, to be supplied by the Secretary; 
‘‘(B) sample monthly repayment amounts 
based on a range of student levels of indebtedness 
and on the average indebtedness of Stafford loan 
borrowers at the same school or in the same pro-
gram of study at the same school; 
‘‘(C) data to be supplied by the Secretary 
on starting salaries for graduates of institutions 
by type and control of institution, and field of 
study; 
‘‘(D) repayment options available to the 
borrower when entering repayment, including 
income contingent repayment and income-based 
repayment; 
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‘‘(E) detail to be supplied by the Secretary 
on how interest accrues and is capitalized dur-
ing periods when it is not being paid by either 
the borrower or the Secretary; and 
‘‘(F) the likely consequences of default, in-
cluding adverse credit reports, Federal offset, and 
litigation. 
‘‘(2) USE
OF
ELECTRONIC
MEANS.—If initial 
counseling is conducted through interactive electronic 
means, the institution of higher education shall take 
reasonable steps to ensure that each student borrower 
receives the counseling materials, and participates in 
and completes the initial counseling. 
‘‘(d) DEPARTMENT OF EDUCATION INFORMATION DIS-
CLOSURE AND TECHNICAL ASSISTANCE.— 
‘‘(1) OBLIGATION.—The Secretary shall display 
on the Department of Education website and provide 
to colleges and universities the following information 
to be used for counseling and consumer information 
for prospective borrowers: 
‘‘(A) Regional data on starting salaries in 
all major fields. 
‘‘(B) The increase in debt that results from 
forbearance on all loans and from capitalization 
of interest on unsubsidized loans. 
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‘‘(C) The various repayment options avail-
able in the Federal student loan programs, in-
cluding the availability of the income contingent 
repayment (ICR) program and the income-based 
repayment programs (IBR). 
‘‘(D) The Federal Government’s powers to 
collect student loans, even when student bor-
rowers are in bankruptcy. 
‘‘(2) PUBLICITY.—The Secretary shall make the 
location of the information under paragraph (1) 
widely known among the public, institutions, and 
lenders, and promote the use of such information by 
prospective students, enrolled students, and borrowers 
after entering repayment.’’. 
SEC. 113. FEASIBILITY STUDY FOR NATIONAL ELECTRONIC 
STUDENT LOAN MARKETPLACE. 
(a) STUDY REQUIRED.—The Secretary of Education 
shall conduct a study of the feasibility of developing a Na-
tional Electronic Student Loan Marketplace that would 
provide for one or more of the following: 
(1) A registry of real-time information on Fed-
eral student loans (including loans under parts B 
and D of title IV of the Higher Education Act of 
1965) and private educational loans (as defined in 
section 151 such Act of 1965 (as amended by this 
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Act)) for both undergraduate and graduate students, 
and parents of students, for use by prospective bor-
rowers or any person desiring information regarding 
available interest rates, fees, and other terms from 
lenders. 
(2) Means by which lenders that participate in 
such marketplace would be bound to honor advertised 
rates or benefits. 
(3) A mechanism whereby borrowers and student 
financial aid officials could publicly post or otherwise 
make available for users accessing the system their 
comments, opinions, or ratings concerning their expe-
rience as to the quality of lenders’ loan products and 
loan servicing and other measurements or indicators 
of customer satisfaction. 
(4) A mechanism whereby prospective borrowers 
could be matched with lenders that offer highly com-
petitive products and loan servicing quality, includ-
ing any procedures and safeguards necessary to mini-
mize potentially adverse effects of multiple inquiries 
into participating borrowers’ credit histories recorded 
by credit reporting agencies. 
(5) Options concerning the establishment and on-
going maintenance of such a system, including wheth-
er such a system should be operated by one or more 
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nonprofit or for-profit entities, how these entities 
should structure or organize such a system in order 
to provide the highest assurance of independence from, 
and the absence of any conflicting interest with, lend-
ers participating in such a system, and methods to fi-
nance such a system at no or minimal cost to con-
sumers and the Government. 
(6) Other features that the Secretary determines 
could help prospective borrowers make informed deci-
sions in selecting lenders from whom to obtain Fed-
eral and private educational loans. 
(b) CONSULTATION.—In conducting the study required 
by this section, the Secretary of Education shall consult 
with— 
(1) the Federal Trade Commission; 
(2) representatives of student loan borrowers; 
(3) representatives from institutions of higher 
education, including financial aid administrators, 
registrars, business officers, and student affairs offi-
cials; 
(4) Federal and private education loan lenders, 
loan servicers, and guaranty agencies; and 
(5) any other appropriate agency that is a mem-
ber of the Financial Literacy and Education Com-
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mission established under the Financial Literacy and 
Education Improvement Act (20 U.S.C. 9701 et seq.). 
(c) REPORT.—Not later than 6 months after comple-
tion of the model interest rate report format required under 
section 153(a)(1) of the Higher Education Act of 1965 (as 
amended by this Act), the Secretary of Education shall sub-
mit a report to the authorizing committees (as defined in 
section 103 of such Act) concerning the findings of the feasi-
bility study together with an assessment of the advantages 
and disadvantages for consumers, institutions of higher 
education, lenders, and the Government of establishing such 
a system. 
TITLE II—TITLE II REVISION 
SEC. 201. REVISION OF TITLE II. 
Title II (20 U.S.C. 1021 et seq.) is amended to read 
as follows: 
‘‘TITLE II—TEACHER QUALITY 
ENHANCEMENT 
‘‘SEC. 200. DEFINITIONS. 
‘‘For purposes of this title: 
‘‘(1) ARTS AND SCIENCES.—The term ‘arts and 
sciences’ means— 
‘‘(A) when referring to an organizational 
unit of an institution of higher education, any 
academic unit that offers 1 or more academic 
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majors in disciplines or content areas cor-
responding to the academic subject matter areas 
in which teachers provide instruction; and 
‘‘(B) when referring to a specific academic 
subject area, the disciplines or content areas in 
which academic majors are offered by the arts 
and sciences organizational unit. 
‘‘(2) CHILDREN FROM LOW-INCOME FAMILIES.— 
The term ‘children from low-income families’ means 
children as described in section 1124(c)(1)(A) of the 
Elementary and Secondary Education Act of 1965. 
‘‘(3) CORE ACADEMIC SUBJECTS.—The term ‘core 
academic subjects’ has the meaning given the term in 
section 9101 of the Elementary and Secondary Edu-
cation Act of 1965. 
‘‘(4) 
EARLY
CHILDHOOD
EDUCATION
PRO-
GRAM.—The term ‘early childhood education pro-
gram’ means— 
‘‘(A) a Head Start program or an Early 
Head Start program carried out under the Head 
Start Act (42 U.S.C. 9831 et seq.); 
‘‘(B) a State licensed or regulated child care 
program or school; or 
‘‘(C) a State prekindergarten program that 
serves children from birth through kindergarten 
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and that addresses the children’s cognitive (in-
cluding language, early literacy, and pre- 
numeracy), social, emotional, and physical devel-
opment. 
‘‘(5) EARLY CHILDHOOD EDUCATOR.—The term 
‘early childhood educator’ means an individual with 
primary responsibility for the education of children 
in an early childhood education program. 
‘‘(6) EDUCATIONAL SERVICE AGENCY.—The term 
‘educational service agency’ has the meaning given 
the term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965. 
‘‘(7) ESSENTIAL COMPONENTS OF READING IN-
STRUCTION.—The term ‘essential components of read-
ing instruction’ has the meaning given such term in 
section 1208 of the Elementary and Secondary Edu-
cation Act of 1965. 
‘‘(8) EXEMPLARY
TEACHER.—The term ‘exem-
plary teacher’ has the meaning given such term in 
section 9101 of the Elementary and Secondary Edu-
cation Act of 1965. 
‘‘(9) HIGH-NEED EARLY CHILDHOOD EDUCATION 
PROGRAM.—The term ‘high-need early childhood edu-
cation program’ means an early childhood education 
program serving children from low-income families 
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that is located within the geographic area served by 
a high-need local educational agency. 
‘‘(10) HIGH-NEED
LOCAL
EDUCATIONAL
AGEN-
CY.—The term ‘high-need local educational agency’ 
means a local educational agency— 
‘‘(A)(i) for which not less than 20 percent 
of the children served by the agency are children 
from low-income families; 
‘‘(ii) that serves not fewer than 10,000 chil-
dren from low-income families; or 
‘‘(iii) with a total of less than 600 students 
in average daily attendance at the schools that 
are served by the agency, and all of the schools 
that are served by the agency are designated 
with a school locale code of Rural: Fringe, Rural: 
Distant, or Rural: Remote, as determined by the 
Secretary; and 
‘‘(B)(i) for which there is a high percentage 
of teachers not teaching in the academic subject 
areas or grade levels in which the teachers were 
trained to teach; or 
‘‘(ii) for which there is a high teacher turn-
over rate or a high percentage of teachers with 
emergency, provisional, or temporary certifi-
cation or licensure. 
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‘‘(11) HIGH-NEED
SCHOOL.—Notwithstanding 
section 103, the term ‘high-need school’ means a pub-
lic elementary school or public secondary school 
that— 
‘‘(A) is among the highest 25 percent of 
schools served by the local educational agency 
that serves the school, in terms of the percentage 
of students from families with incomes below the 
poverty line; or 
‘‘(B) is designated with a school locale code 
of Rural: Fringe, Rural: Distant, or Rural: Re-
mote, as determined by the Secretary. 
‘‘(12) HIGHLY
COMPETENT.—The term ‘highly 
competent’, when used with respect to an early child-
hood educator, means an educator— 
‘‘(A) with specialized education and train-
ing in development and education of young chil-
dren from birth until entry into kindergarten; 
‘‘(B) with— 
‘‘(i) a baccalaureate degree in an aca-
demic major in the arts and sciences; or 
‘‘(ii) an associate’s degree in a related 
educational area; and 
‘‘(C) who has demonstrated a high level of 
knowledge and use of content and pedagogy in 
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the relevant areas associated with quality early 
childhood education. 
‘‘(13) HIGHLY
QUALIFIED.—The term ‘highly 
qualified’ has the meaning given such term in section 
9101 of the Elementary and Secondary Education 
Act of 1965 and, with respect to special education 
teachers, in section 602 of the Individuals with Dis-
abilities Education Act. 
‘‘(14) LITERACY
COACH.—The term ‘literacy 
coach’ means an individual— 
‘‘(A) who— 
‘‘(i) has teaching experience and a 
master’s degree with a concentration in 
reading and writing education; and 
‘‘(ii) has demonstrated proficiency (as 
determined by the principal of the individ-
ual’s school) in teaching reading and writ-
ing in a content area such as math, science, 
or social studies; 
‘‘(B) whose primary role with teachers and 
school personnel is— 
‘‘(i) to provide high-quality profes-
sional development opportunities for teach-
ers and school personnel related to literacy; 
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‘‘(ii) with respect to the areas of read-
ing and writing, to collaborate with para-
professionals, teachers, principals, and other 
administrators, and the community served 
by the school; and 
‘‘(iii) to work cooperatively and col-
laboratively with other professionals in 
planning programs to meet the needs of di-
verse population learners, including chil-
dren with disabilities and limited English 
proficient individuals; and 
‘‘(C) who may provide students with— 
‘‘(i) reading or writing diagnosis and 
instruction; and 
‘‘(ii) reading and writing assessment, 
including assessment in cooperation with 
other professionals (such as special edu-
cation teachers, speech and language teach-
ers, and school psychologists). 
‘‘(15) POVERTY LINE.—The term ‘poverty line’ 
means the poverty line (as defined in section 673(2) 
of the Community Services Block Grant Act (42 
U.S.C. 9902(2))) applicable to a family of the size in-
volved. 
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‘‘(16) PROFESSIONAL DEVELOPMENT.—The term 
‘professional development’ has the meaning given the 
term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965. 
‘‘(17) SCIENTIFICALLY
VALID
RESEARCH.—The 
term ‘scientifically valid research’ includes applied 
research, basic research, and field-initiated research 
in which the rationale, design, and interpretation are 
soundly developed in accordance with accepted prin-
ciples of scientific research. 
‘‘(18) TEACHING
SKILLS.—The term ‘teaching 
skills’ means skills that enable a teacher to— 
‘‘(A) increase student learning, achievement, 
and the ability to apply knowledge; 
‘‘(B) effectively convey and explain aca-
demic subject matter; 
‘‘(C) employ strategies grounded in the dis-
ciplines of teaching and learning that— 
‘‘(i) are based on empirically based 
practice and scientifically valid research, 
where applicable, related to teaching and 
learning; 
‘‘(ii) are specific to academic subject 
matter; and 
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‘‘(iii) focus on the identification of stu-
dents’ specific learning needs, particularly 
students with disabilities, students who are 
limited English proficient, students who are 
gifted and talented, and students with low 
literacy levels, and the tailoring of academic 
instruction to such needs; 
‘‘(D) conduct an ongoing assessment of stu-
dent learning, which may include the use of 
formative assessments, performance-based assess-
ments, project-based assessments, or portfolio as-
sessments, that measure higher-order thinking 
skills, including application, analysis, synthesis, 
and evaluation; 
‘‘(E) effectively manage a classroom, includ-
ing the ability to implement positive behavioral 
intervention support strategies; 
‘‘(F) communicate and work with parents 
and guardians, and involve parents and guard-
ians in their children’s education; and 
‘‘(G) use, in the case of an early childhood 
educator, age-appropriate and developmentally 
appropriate strategies and practices for children 
in early education programs. 
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‘‘SEC. 200A. RULE OF CONSTRUCTION. 
‘‘Nothing in this title shall be construed to alter or oth-
erwise affect the rights, remedies, and procedures afforded 
to the employees of local educational agencies under Fed-
eral, State, or local laws (including applicable regulations 
or court orders) or under the terms of collective bargaining 
agreements, memoranda of understanding, or other agree-
ments between such employees and their employers, includ-
ing the right of employees of local educational agencies to 
engage in collective bargaining with their employers. 
‘‘PART A—TEACHER QUALITY PARTNERSHIP 
GRANTS 
‘‘SEC. 201. PURPOSES; DEFINITIONS. 
‘‘(a) PURPOSES.—The purposes of this part are to— 
‘‘(1) improve student achievement; 
‘‘(2) improve the quality of the current and fu-
ture teaching force by improving the preparation of 
prospective teachers and enhancing professional devel-
opment activities; 
‘‘(3) hold teacher preparation programs at insti-
tutions of higher education accountable for preparing 
highly qualified teachers; and 
‘‘(4) recruit highly qualified individuals, includ-
ing minorities and individuals from other occupa-
tions, into the teaching force. 
‘‘(b) DEFINITIONS.—In this part: 
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‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means an entity that— 
‘‘(A) shall include— 
‘‘(i) a high-need local educational 
agency; 
‘‘(ii) a high-need school or a consor-
tium of high-need schools served by the high- 
need local educational agency or, as appli-
cable, a high-need early childhood education 
program; 
‘‘(iii) a partner institution; 
‘‘(iv) a school, department, or program 
of education within such partner institution 
or a teacher professional development pro-
gram within such partner institution; and 
‘‘(v) a school or department of arts and 
sciences within such partner institution; 
and 
‘‘(B) may include any of the following: 
‘‘(i) The Governor of the State. 
‘‘(ii) The State educational agency. 
‘‘(iii) The State board of education. 
‘‘(iv) The State agency for higher edu-
cation. 
‘‘(v) A business. 
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‘‘(vi) A public or private nonprofit 
educational organization. 
‘‘(vii) An educational service agency. 
‘‘(viii) A teacher organization. 
‘‘(ix) A high-performing local edu-
cational agency, or a consortium of such 
local educational agencies, that can serve as 
a resource to the partnership. 
‘‘(x) A charter school (as defined in 
section 5210 of the Elementary and Sec-
ondary Education Act of 1965). 
‘‘(xi) A school or department within 
the partner institution that focuses on psy-
chology and human development. 
‘‘(xii) A school or department within 
the partner institution with comparable ex-
pertise in the disciplines of teaching, learn-
ing, and child and adolescent development. 
‘‘(xiii) An entity operating a program 
that provides alternative routes to State cer-
tification of teachers. 
‘‘(2) INDUCTION PROGRAM.—The term ‘induction 
program’ means a formalized program for new teach-
ers during not less than the teachers’ first 2 years of 
teaching that is designed to provide support for, and 
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improve the professional performance and advance the 
retention in the teaching field of, beginning teachers. 
Such program shall promote effective teaching skills 
and shall include the following components: 
‘‘(A) High-quality teacher mentoring. 
‘‘(B) Periodic, structured time for collabora-
tion with mentor teachers in the same depart-
ment or field, as well as time for information- 
sharing among teachers, principals, administra-
tors, and participating faculty in the partner in-
stitution. 
‘‘(C) The application of empirically based 
practice and scientifically valid research on in-
structional practices. 
‘‘(D) Opportunities for new teachers to 
draw directly upon the expertise of teacher men-
tors, faculty, and researchers to support the inte-
gration of empirically based practice and sci-
entifically valid research with practice. 
‘‘(E) The development of skills in instruc-
tional and behavioral interventions derived from 
empirically based practice and, where applicable, 
scientifically valid research. 
‘‘(F) Faculty who— 
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‘‘(i) model the integration of research 
and practice in the classroom; and 
‘‘(ii) assist new teachers with the effec-
tive use and integration of technology in the 
classroom. 
‘‘(G) Interdisciplinary collaboration among 
exemplary teachers, faculty, researchers, and 
other staff who prepare new teachers with respect 
to the learning process and the assessment of 
learning. 
‘‘(H) Assistance with the understanding of 
data, particularly student achievement data, and 
the data’s applicability in classroom instruction. 
‘‘(I) Structured and formal observation of 
new teachers, and feedback for such teachers, at 
least 4 times each school year by multiple eval-
uators, including master teachers and the prin-
cipal, using valid and reliable benchmarks of 
teaching skills and standards developed with 
input from teachers. 
‘‘(3) PARTNER INSTITUTION.—The term ‘partner 
institution’ means an institution of higher education, 
which may include a 2-year institution of higher edu-
cation offering a dual program with a 4-year institu-
tion of higher education, participating in an eligible 
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partnership that has a teacher preparation pro-
gram— 
‘‘(A) whose graduates exhibit strong per-
formance on State-determined qualifying assess-
ments for new teachers through— 
‘‘(i) demonstrating that 80 percent or 
more of the graduates of the program who 
intend to enter the field of teaching have 
passed all of the applicable State qualifica-
tion assessments for new teachers, which 
shall include an assessment of each prospec-
tive teacher’s subject matter knowledge in 
the content area in which the teacher in-
tends to teach; or 
‘‘(ii) being ranked among the highest- 
performing teacher preparation programs 
in the State as determined by the State— 
‘‘(I) using criteria consistent with 
the requirements for the State report 
card under section 205(b); and 
‘‘(II) using the State report card 
on teacher preparation required under 
section 205(b), after the first publica-
tion of such report card and for every 
year thereafter; or 
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‘‘(B) that requires— 
‘‘(i) each student in the program to 
meet and demonstrate high academic stand-
ards (including prior to entering and being 
accepted into a program) and participate 
in intensive clinical experience; 
‘‘(ii) each student in the program pre-
paring to become a teacher to become highly 
qualified; and 
‘‘(iii) each student in the program pre-
paring to become an early childhood educa-
tor to meet degree requirements, as estab-
lished by the State, and become highly com-
petent. 
‘‘(4) TEACHER MENTORING.—The term ‘teacher 
mentoring’ means the mentoring of new or prospective 
teachers through a new or established program that— 
‘‘(A) includes clear criteria for the selection 
of teacher mentors who will provide role model 
relationships for mentees, which criteria shall be 
developed by the eligible partnership and based 
on measures of teacher effectiveness; 
‘‘(B) provides high-quality training for such 
mentors, including instructional strategies for 
literacy instruction and classroom management; 
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‘‘(C) provides regular and ongoing opportu-
nities for mentors and mentees to observe each 
other’s teaching methods in classroom settings 
during the day in a high-need school in the high- 
need local educational agency in the eligible 
partnership; 
‘‘(D) provides paid release time for mentors; 
‘‘(E) provides mentoring to each mentee by 
a colleague who teaches in the same field, grade, 
or subject as the mentee; 
‘‘(F) promotes empirically based practice of, 
and scientifically valid research on, where appli-
cable— 
‘‘(i) teaching and learning; 
‘‘(ii) assessment of student learning; 
‘‘(iii) the development of teaching skills 
through the use of instructional and behav-
ioral interventions; and 
‘‘(iv) the improvement of the mentees’ 
capacity to measurably advance student 
learning; and 
‘‘(G) includes— 
‘‘(i) common planning time or regu-
larly scheduled collaboration for the mentor 
and mentee; and 
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‘‘(ii) joint professional development op-
portunities. 
‘‘(5) 
TEACHING
RESIDENCY
PROGRAM.—The 
term ‘teaching residency program’ means a school- 
based teacher preparation program in which a pro-
spective teacher— 
‘‘(A) for 1 academic year, teaches alongside 
a mentor teacher, who is the teacher of record; 
‘‘(B) receives concurrent instruction during 
the year described in subparagraph (A) from the 
partner institution, which may include courses 
taught by local educational agency personnel or 
residency program faculty, in the teaching of the 
content area in which the teacher will become 
certified or licensed; 
‘‘(C) acquires effective teaching skills; and 
‘‘(D) prior to completion of the program, 
earns a master’s degree, attains full State teacher 
certification or licensure, and becomes highly 
qualified. 
‘‘SEC. 202. PARTNERSHIP GRANTS. 
‘‘(a) PROGRAM AUTHORIZED.—From amounts made 
available under section 209, the Secretary is authorized to 
award grants, on a competitive basis, to eligible partner-
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ships, to enable the eligible partnerships to carry out the 
activities described in subsection (c). 
‘‘(b) APPLICATION.—Each eligible partnership desir-
ing a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may require. 
Each such application shall contain— 
‘‘(1) a needs assessment of all the partners in the 
eligible partnership with respect to the preparation, 
ongoing training, professional development, and re-
tention, of general and special education teachers, 
principals, and, as applicable, early childhood edu-
cators; 
‘‘(2) a description of the extent to which the pro-
gram prepares prospective and new teachers with 
strong teaching skills; 
‘‘(3) a description of how the program will pre-
pare prospective and new teachers to use research and 
data to modify and improve instruction in the class-
room; 
‘‘(4) a description of how the partnership will 
coordinate strategies and activities assisted under the 
grant with other teacher preparation or professional 
development programs, including those funded under 
the Elementary and Secondary Education Act of 
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1965 and the Individuals with Disabilities Education 
Act, and through the National Science Foundation, 
and how the activities of the partnership will be con-
sistent with State, local, and other education reform 
activities that promote student achievement; 
‘‘(5) a resource assessment that describes the re-
sources available to the partnership, including— 
‘‘(A) the integration of funds from other 
sources; 
‘‘(B) the intended use of the grant funds; 
‘‘(C) the commitment of the resources of the 
partnership, including financial support, faculty 
participation, and time commitments, to the ac-
tivities assisted under this section and to the 
continuation of the activities when the grant 
ends; 
‘‘(6) a description of— 
‘‘(A) how the partnership will meet the pur-
poses of this part; 
‘‘(B) how the partnership will carry out the 
activities required under subsection (d) or (e) 
based on the needs identified in paragraph (1), 
with the goal of improving student achievement; 
‘‘(C) the partnership’s evaluation plan 
under section 204(a); 
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‘‘(D) how the partnership will align the 
teacher preparation program with the— 
‘‘(i) State early learning standards for 
early childhood education programs, as ap-
propriate, and with the relevant domains of 
early childhood development; and 
‘‘(ii) student academic achievement 
standards and academic content standards 
under section 1111(b)(2) of the Elementary 
and Secondary Education Act of 1965, es-
tablished by the State in which the partner-
ship is located; 
‘‘(E) how the partnership will prepare gen-
eral education teachers to teach students with 
disabilities, including training related to par-
ticipation as a member of individualized edu-
cation program teams, as defined in section 
614(d)(1)(B) of the Individuals with Disabilities 
Education Act; 
‘‘(F) how the partnership will prepare gen-
eral education and special education teachers to 
teach students with limited English proficiency; 
‘‘(G) how faculty at the partner institution 
will work, during the term of the grant, with 
highly qualified teachers in the classrooms of 
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schools served by the high-need local educational 
agency in the partnership to provide high-qual-
ity professional development activities; 
‘‘(H) how the partnership will design, im-
plement, or enhance a year-long, rigorous, and 
enriching teaching pre-service clinical program 
component; 
‘‘(I) how the partnership will support in- 
service professional development strategies and 
activities; and 
‘‘(J) how the partnership will collect, ana-
lyze, and use data on the retention of all teachers 
and early childhood educators in schools and 
early childhood programs located in the geo-
graphic area served by the partnership to evalu-
ate the effectiveness of the partnership’s teacher 
and educator support system; and 
‘‘(7) with respect to the induction program re-
quired as part of the activities carried out under this 
section— 
‘‘(A) a description of how the teacher prepa-
ration program will design and implement an 
induction program to support all new teachers 
through not less than the first 2 years of teaching 
in the further development of the new teachers’ 
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teaching skills, including the use of mentors who 
are trained and compensated by such program 
for the mentors’ work with new teachers; 
‘‘(B) a demonstration that the schools and 
departments within the institution of higher edu-
cation that are part of the induction program 
have relevant and essential roles in the effective 
preparation of teachers, including content exper-
tise and expertise in teaching; 
‘‘(C) a demonstration of the partnership’s 
capability and commitment to the use of empiri-
cally based practice and scientifically valid re-
search related to teaching and learning, and the 
accessibility to and involvement of faculty; 
‘‘(D) a description of how faculty involved 
in the induction program will be able to substan-
tially participate in an early childhood edu-
cation program or an elementary or secondary 
school classroom setting, as applicable, including 
release time and receiving workload credit for 
such participation. 
‘‘(c) REQUIRED USE OF GRANT FUNDS.—An eligible 
partnership that receives a grant under this section shall 
use grant funds to carry out a program for the pre-bacca-
laureate preparation of teachers under subsection (d), a 
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teaching residency program under subsection (e), a leader-
ship development program under subsection (f), or a com-
bination of two or more such programs. 
‘‘(d) 
PARTNERSHIP
GRANTS
FOR
PRE-BACCA-
LAUREATE PREPARATION OF TEACHERS.—An eligible part-
nership that receives a grant to carry out an effective pro-
gram for the pre-baccalaureate preparation of teachers shall 
carry out a program that includes all of the following: 
‘‘(1) REFORMS.— 
‘‘(A) IN GENERAL.—Implementing reforms, 
described in subparagraph (B), within each 
teacher preparation program and, as applicable, 
each preparation program for early childhood 
education programs, of the eligible partnership 
that is assisted under this section, to hold each 
program accountable for— 
‘‘(i) preparing— 
‘‘(I) current or prospective teach-
ers to be highly qualified (including 
teachers in rural school districts who 
may teach multiple subjects, special 
educators, teachers of students who are 
limited English proficient who may 
teach multiple subjects, and teachers 
who are qualified to teach Advanced 
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Placement or International Bacca-
laureate courses); 
‘‘(II) such teachers and, as appli-
cable, early childhood educators, to un-
derstand empirically based practice 
and scientifically valid research related 
to teaching and learning and its appli-
cability, and to use technology effec-
tively, including the use of instruc-
tional techniques and positive behav-
ioral support strategies to improve stu-
dent achievement; and 
‘‘(III) as applicable, early child-
hood educators to be highly competent; 
and 
‘‘(ii) promoting strong teaching skills 
and, as applicable, techniques for early 
childhood educators to improve children’s 
cognitive, social, emotional, and physical 
development. 
‘‘(B) REQUIRED
REFORMS.—The reforms 
described in subparagraph (A) shall include— 
‘‘(i) implementing teacher preparation 
program curriculum changes that improve, 
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evaluate, and assess how well all prospective 
and new teachers develop teaching skills; 
‘‘(ii) using empirically based practice 
and scientifically valid research, where ap-
plicable, about the disciplines of teaching 
and learning so that all prospective teachers 
and, as applicable, early childhood edu-
cators— 
‘‘(I) can understand and imple-
ment research-based teaching practices 
in classroom-based instruction; 
‘‘(II) have knowledge of student 
learning methods; 
‘‘(III) possess skills to analyze 
student academic achievement data 
and other measures of student learn-
ing, and use such data and measures 
to improve instruction in the class-
room; 
‘‘(IV) possess teaching skills and 
an understanding of effective instruc-
tional strategies across all applicable 
content areas that enable general and 
special education teachers and early 
childhood educators to— 
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‘‘(aa) meet the specific learn-
ing needs of all students, includ-
ing students with disabilities, stu-
dents who are limited English 
proficient, students who are gifted 
and talented, students with low 
literacy levels and, as applicable, 
children in early childhood edu-
cation programs; and 
‘‘(bb) differentiate instruc-
tion for such students; 
‘‘(V) can effectively participate in 
the individualized education program 
process, 
as 
defined 
in 
section 
614(d)(1)(B) of the Individuals with 
Disabilities Education Act; and 
‘‘(VI) can successfully employ ef-
fective strategies for reading instruc-
tion using the essential components of 
reading instruction; 
‘‘(iii) ensuring collaboration with de-
partments, programs, or units of a partner 
institution outside of the teacher prepara-
tion program in all academic content areas 
to ensure that new teachers receive training 
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in both teaching and relevant content areas 
in order to become highly qualified, which 
may include training in multiple subjects to 
teach multiple grade levels as may be need-
ed for individuals preparing to teach in 
rural communities; 
‘‘(iv) developing and implementing an 
induction program; 
‘‘(v) developing admissions goals and 
priorities aligned with the hiring objectives 
of the high-need local educational agency in 
the eligible partnership; and 
‘‘(vi) 
implementing 
program 
cur-
riculum changes to prepare teachers to teach 
Advanced Placement or International Bac-
calaureate courses. 
‘‘(2) CLINICAL EXPERIENCE AND INTERACTION.— 
Developing and improving a sustained and high-qual-
ity pre-service clinical education program to further 
develop the teaching skills of all prospective teachers 
and, as applicable, early childhood educators, in-
volved in the program. Such program shall do the fol-
lowing: 
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‘‘(A) Incorporate year-long opportunities for 
enrichment activity or a combination of activi-
ties, including— 
‘‘(i) clinical learning in classrooms in 
high-need schools served by the high-need 
local educational agency in the eligible 
partnership and identified by the eligible 
partnership; and 
‘‘(ii) closely supervised interaction be-
tween faculty and new and experienced 
teachers, principals, and other administra-
tors at early childhood education programs 
(as applicable), elementary schools, or sec-
ondary schools, and providing support for 
such interaction. 
‘‘(B) Integrate pedagogy and classroom 
practice and promote effective teaching skills in 
academic content areas, which may include 
preparation for meeting the unique needs of 
teaching in rural communities. 
‘‘(C) Provide high-quality teacher men-
toring. 
‘‘(D)(i) Be offered over the course of a pro-
gram of teacher preparation; 
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‘‘(ii) be tightly aligned with course work 
(and may be developed as a 5th year of a teacher 
preparation program); and 
‘‘(iii) where feasible, allow prospective 
teachers to learn to teach in the same school dis-
trict in which the teachers will work, learning 
the instructional initiatives and curriculum of 
that district. 
‘‘(E) Provide support and training for those 
individuals participating in an activity for pro-
spective teachers described in this paragraph or 
paragraph (1) or (3), and for those who serve as 
mentors for such teachers, based on each individ-
ual’s experience. Such support may include— 
‘‘(i) with respect to a prospective teach-
er or a mentor, release time for such indi-
vidual’s participation; 
‘‘(ii) with respect to a faculty member, 
receiving course workload credit and com-
pensation for time teaching in the eligible 
partnership’s activities; and 
‘‘(iii) with respect to a mentor, a sti-
pend, which may include bonus, differen-
tial, incentive, or merit or performance- 
based pay. 
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‘‘(3) INDUCTION
PROGRAMS
FOR
NEW
TEACH-
ERS.—Creating an induction program for new teach-
ers, or, in the case of an early childhood education 
program, providing mentoring or coaching for new 
early childhood educators. 
‘‘(4) SUPPORT AND TRAINING FOR PARTICIPANTS 
IN
EARLY
CHILDHOOD
EDUCATION
PROGRAMS.—In 
the case of an eligible partnership focusing on early 
childhood educator preparation, implementing initia-
tives that increase compensation for early childhood 
educators who attain associate or baccalaureate de-
grees in early childhood education. 
‘‘(5) TEACHER RECRUITMENT.—Developing and 
implementing effective mechanisms (which may in-
clude alternative routes to State certification of teach-
ers) to ensure that the eligible partnership is able to 
recruit qualified individuals to become highly quali-
fied teachers through the activities of the eligible part-
nership, which may include an emphasis on recruit-
ing into the teaching profession— 
‘‘(A) underrepresented populations; 
‘‘(B) individuals to teach in rural commu-
nities and teacher shortage areas, including 
mathematics, science, special education, and in-
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struction of limited English proficient students; 
and 
‘‘(C) mid-career professionals from other oc-
cupations, former military personnel, and recent 
college graduates with proven records of aca-
demic distinction. 
‘‘(6) LITERACY TRAINING.—Developing and im-
plementing a program to strengthen content knowl-
edge and teaching skills of elementary and secondary 
school literacy coaches that— 
‘‘(A) provides teacher training in reading 
instruction for literacy coaches who— 
‘‘(i) train classroom teachers to imple-
ment literacy programs; or 
‘‘(ii) tutor students with intense indi-
vidualized reading, writing, and subject 
matter instruction during or beyond the 
school day; 
‘‘(B) develops or redesigns rigorous evi-
denced-based reading curricula that are aligned 
with challenging State academic content stand-
ards, as required under section 1111(b)(1) of the 
Elementary and Secondary Education Act of 
1965, and with postsecondary standards for 
reading and writing; 
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‘‘(C) provides opportunities for teachers to 
plan and assess instruction with other teachers, 
school leaders, and faculty at institutions of 
higher education; 
‘‘(D) provides training and professional de-
velopment for principals to prepare them to un-
derstand the teaching of reading, guide instruc-
tion, and foster school improvement; and 
‘‘(E) establishes an evaluation and account-
ability plan for activities conducted under this 
paragraph to measure the impact of such activi-
ties. 
‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT 
OF TEACHING RESIDENCY PROGRAMS.— 
‘‘(1) IN GENERAL.—An eligible partnership re-
ceiving a grant to carry out an effective teaching resi-
dency program shall carry out a program that in-
cludes all of the following activities: 
‘‘(A) Supporting a teaching residency pro-
gram described in paragraph (2) for high-need 
subjects and areas, as determined by the needs of 
the high-need local educational agency in the 
partnership. 
‘‘(B) Modifying staffing procedures to pro-
vide greater flexibility for local educational agen-
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cy and school leaders to establish effective school- 
level staffing in order to facilitate placement of 
graduates of the teaching residency program in 
cohorts that facilitate professional collaboration, 
both among graduates of the teaching residency 
program and between such graduates and mentor 
teachers in the receiving school. 
‘‘(C) Ensuring that teaching residents that 
participated in the teaching residency program 
receive— 
‘‘(i) effective pre-service preparation as 
described in paragraph (2); 
‘‘(ii) teacher mentoring; 
‘‘(iii) induction through the induction 
program as the teaching residents enter the 
classroom as new teachers; and 
‘‘(iv) the preparation described in sub-
paragraphs (A), (B), and (C) of subsection 
(d)(2). 
‘‘(2) TEACHING RESIDENCY PROGRAMS.— 
‘‘(A) ESTABLISHMENT
AND
DESIGN.—A 
teaching residency program under this subsection 
shall be a program based upon models of success-
ful teaching residencies that serves as a mecha-
nism to prepare teachers for success in the high- 
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need schools in the eligible partnership, and shall 
be designed to include the following characteris-
tics of successful programs: 
‘‘(i) The integration of pedagogy, class-
room practice, and teacher mentoring. 
‘‘(ii) Engagement of teaching residents 
in rigorous graduate-level course work to 
earn a master’s degree while undertaking a 
guided teaching apprenticeship. 
‘‘(iii) Experience and learning oppor-
tunities alongside a trained and experienced 
mentor teacher— 
‘‘(I) whose teaching shall com-
plement the residency program so that 
classroom clinical practice is tightly 
aligned with course work; 
‘‘(II) who shall have extra respon-
sibilities as a teacher leader of the 
teaching residency program, as a men-
tor for residents, and as a teacher 
coach during the induction program 
for novice teachers, and for estab-
lishing, within the program, a learning 
community in which all individuals 
are expected to continually improve 
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their capacity to advance student 
learning; and 
‘‘(III) who may have full relief 
from teaching duties as a result of such 
additional responsibilities. 
‘‘(iv) The establishment of clear cri-
teria for the selection of mentor teachers 
based on measures of teacher effectiveness 
and the appropriate subject area knowledge. 
Evaluation of teacher effectiveness shall be 
based on observations of such domains of 
teaching as the following: 
‘‘(I) Planning and preparation, 
including demonstrated knowledge of 
content, pedagogy, and assessment, in-
cluding the use of formative assess-
ments to improve student learning. 
‘‘(II) Appropriate instruction that 
engages students with different learn-
ing styles, including students with dis-
abilities. 
‘‘(III) Collaboration with col-
leagues to improve instruction. 
‘‘(IV) Analysis of gains in student 
learning, based on multiple measures, 
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that, when feasible, may include valid 
and reliable objective measures of the 
influence of teachers on the rate of stu-
dent academic progress. 
‘‘(V) In the case of mentor can-
didates who will be mentoring current 
or future literacy and mathematics 
coaches or instructors, appropriate 
skills in the essential components of 
reading instruction, teacher training 
in 
literacy 
instructional 
strategies 
across core subject areas, and teacher 
training in mathematics instructional 
strategies, as appropriate. 
‘‘(v) Grouping of teaching residents in 
cohorts to facilitate professional collabora-
tion among such residents. 
‘‘(vi) The development of admissions 
goals and priorities aligned with the hiring 
objectives of the local educational agency 
partnering with the program, as well as the 
instructional initiatives and curriculum of 
the agency, in exchange for a commitment 
by the agency to hire graduates from the 
teaching residency program. 
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133 
‘‘(vii) Support for residents, once the 
teaching residents are hired as teachers of 
record, through an induction program, pro-
fessional development, and networking op-
portunities to support the residents through 
not less than the residents’ first 2 years of 
teaching. 
‘‘(viii) Admission goals and priorities 
which may include consideration of appli-
cants who reflect the communities in which 
they will teach as well as consideration of 
individuals from underrepresented popu-
lations in the teaching profession. 
‘‘(B) 
SELECTION
OF
INDIVIDUALS
AS 
TEACHER RESIDENTS.— 
‘‘(i) ELIGIBLE INDIVIDUAL.—In order 
to be eligible to be a teacher resident in a 
teaching residency program under this sub-
section, an individual shall— 
‘‘(I) be a recent graduate of a 4- 
year institution of higher education or 
a mid-career professional from outside 
the field of education possessing strong 
content knowledge or a record of pro-
fessional accomplishment; and 
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‘‘(II) submit an application to the 
teaching residency program. 
‘‘(ii) SELECTION CRITERIA.—An eligi-
ble partnership carrying out a teaching 
residency program under this subsection 
shall establish criteria for the selection of el-
igible individuals to participate in the 
teaching residency program based on the 
following characteristics: 
‘‘(I) Strong content knowledge or 
record of accomplishment in the field 
or subject area to be taught. 
‘‘(II) Strong verbal and written 
communication skills, which may be 
demonstrated by performance on ap-
propriate tests. 
‘‘(III) Other attributes linked to 
effective teaching, which may be deter-
mined by interviews or performance 
assessments, as specified by the eligible 
partnership. 
‘‘(C) STIPEND
AND
SERVICE
REQUIRE-
MENT.— 
‘‘(i) STIPEND.—A teaching residency 
program under this paragraph shall provide 
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a 1-year living stipend or salary to teach-
ing residents during the 1-year teaching 
residency program. 
‘‘(ii) SERVICE
REQUIREMENT.—As a 
condition of receiving a stipend under this 
subparagraph, a teaching resident shall 
agree to teach in a high-need school served 
by the high-need local educational agency in 
the eligible partnership for a period of 3 or 
more years after completing the 1-year 
teaching residency program. 
‘‘(iii) REPAYMENT.—If a teaching resi-
dent who received a stipend under this sub-
paragraph does not complete the service re-
quirement described in clause (ii), such in-
dividual shall repay to the high-need local 
educational agency a pro rata portion of 
the stipend amount for the amount of teach-
ing time that the individual did not com-
plete. 
‘‘(f) PARTNERSHIP GRANTS FOR THE DEVELOPMENT 
OF LEADERSHIP PROGRAMS.— 
‘‘(1) IN GENERAL.—An eligible partnership re-
ceiving a grant to carry out an effective leadership 
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program shall carry out a program that includes all 
of the following activities: 
‘‘(A) Preparing students currently enrolled 
or preparing to enroll in education administra-
tion programs in preparation for careers as su-
perintendents, principals, or other school admin-
istrators (including students preparing to work 
in rural school districts who may perform mul-
tiple duties in addition to the role of adminis-
trator). 
‘‘(B) Promoting strong administrative skills 
and, as applicable, techniques for education ad-
ministrators to improve the school environment 
and effectively manage schools. 
‘‘(C) Ensuring that students who partici-
pate in the leadership program receive— 
‘‘(i) effective pre-service preparation as 
described in subparagraph (D); and 
‘‘(ii) mentoring by educational admin-
istrators. 
‘‘(D) Developing and improving a sustained 
and high-quality pre-service clinical education 
program to further develop the leadership skills 
of all prospective educational administrators in-
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137 
volved in the program. Such program shall do 
the following: 
‘‘(i) Incorporate year-long opportuni-
ties for enrichment activity or a combina-
tion of activities, including— 
‘‘(I) clinical learning in high-need 
schools served by the high-need local 
educational agency in the eligible part-
nership and identified by the eligible 
partnership; and 
‘‘(II) closely supervised inter-
action between faculty and new and 
experienced teachers, principals, and 
other 
administrators 
in 
high-need 
schools served by the high-need local 
educational agency in the eligible part-
nership and identified by the eligible 
partnership. 
‘‘(ii) Integrate pedagogy and practice 
and promote effective administrative skills 
for meeting the unique needs of rural and 
geographically isolated communities. 
‘‘(iii) Educational administrator men-
toring. 
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‘‘(E) Creating an induction program for 
new administrators. 
‘‘(F) Developing and implementing effective 
mechanisms to ensure that the eligible partner-
ship is able to recruit qualified individuals to be-
come educational administrators through the ac-
tivities of the eligible partnership, which may in-
clude an emphasis on recruiting into the edu-
cation administration profession— 
‘‘(i) underrepresented populations; 
‘‘(ii) individuals to serve as super-
intendents, principals, or other school ad-
ministrators in rural and geographically 
isolated communities and shortage areas 
designated by the Secretary; or 
‘‘(iii) mid-career professionals from 
other occupations, former military per-
sonnel, and recent college graduates with 
proven records of academic distinction. 
‘‘(2) SELECTION
OF
INDIVIDUALS
FOR
THE 
LEADERSHIP PROGRAM.—In order to be eligible for 
the leadership program under this subsection, an in-
dividual shall— 
‘‘(A) be enrolled in or preparing to enroll in 
an institution of higher education, or a recent 
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graduate of an institution of higher education, or 
a mid-career professional from outside the field 
of education possessing strong content knowledge 
or a record of professional accomplishment; 
‘‘(B) be current teachers who would like to 
become principals or principals who would like 
to be superintendents; and 
‘‘(C) submit an application to the leader-
ship program. 
‘‘(g) CONSULTATION.— 
‘‘(1) IN GENERAL.—Members of an eligible part-
nership that receives a grant under this section shall 
engage in regular consultation throughout the develop-
ment and implementation of programs and activities 
under this section. 
‘‘(2) REGULAR
COMMUNICATION.—To ensure 
timely and meaningful consultation, regular commu-
nication shall occur among all members of the eligible 
partnership, including the high-need local educational 
agency. Such communication shall continue through-
out the implementation of the grant and the assess-
ment of programs and activities under this section. 
‘‘(3) WRITTEN
CONSENT.—The Secretary may 
approve changes in grant activities of a grant under 
this section only if a written consent signed by all 
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members of the eligible partnership is submitted to the 
Secretary. 
‘‘(h) CONSTRUCTION.—Nothing in this section shall be 
construed to prohibit an eligible partnership from using 
grant funds to coordinate with the activities of eligible part-
nerships in other States or on a regional basis through Gov-
ernors, State boards of education, State educational agen-
cies, State agencies responsible for early childhood edu-
cation, local educational agencies, or State agencies for 
higher education. 
‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available to carry out this section shall be used to supple-
ment, and not supplant, other Federal, State, and local 
funds that would otherwise be expended to carry out activi-
ties under this section. 
‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. 
‘‘(a) DURATION; NUMBER OF AWARDS; PAYMENTS.— 
‘‘(1) DURATION.—A grant awarded under this 
part shall be awarded for a period of 5 years. 
‘‘(2) NUMBER OF AWARDS.—An eligible partner-
ship may not receive more than 1 grant during a 5- 
year period. Nothing in this title shall be construed 
to prohibit an individual member, that can dem-
onstrate need, of an eligible partnership that receives 
a grant under this title from entering into another el-
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141 
igible partnership consisting of new members and re-
ceiving a grant with such other eligible partnership 
before the 5-year period described in the preceding 
sentence applicable to the eligible partnership with 
which the individual member has first partnered has 
expired. 
‘‘(3) PAYMENTS.—The Secretary shall make an-
nual payments of grant funds awarded under this 
part. 
‘‘(b) PEER REVIEW.— 
‘‘(1) PANEL.—The Secretary shall provide the 
applications submitted under this part to a peer re-
view panel for evaluation. With respect to each appli-
cation, the peer review panel shall initially rec-
ommend the application for funding or for dis-
approval. 
‘‘(2) PRIORITY.—In recommending applications 
to the Secretary for funding under this part, the 
panel shall give priority— 
‘‘(A) to partnerships that include an insti-
tution of higher education whose teacher prepa-
ration program has a rigorous selection process 
to ensure the highest quality of students entering 
such programs; and 
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‘‘(B)(i) to applications from broad-based el-
igible partnerships that involve businesses and 
community organizations; or 
‘‘(ii) to eligible partnerships so that the 
awards promote an equitable geographic dis-
tribution of grants among rural and urban 
areas. 
‘‘(3) SECRETARIAL SELECTION.—The Secretary 
shall determine, based on the peer review process, 
which applications shall receive funding and the 
amounts of the grants. In determining the grant 
amount, the Secretary shall take into account the 
total amount of funds available for all grants under 
this part and the types of activities proposed to be 
carried out by the eligible partnership. 
‘‘(c) MATCHING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Each eligible partnership re-
ceiving a grant under this part shall provide, from 
non-Federal sources, an amount equal to 100 percent 
of the amount of the grant, which may be provided 
in cash or in-kind, to carry out the activities sup-
ported by the grant. 
‘‘(2) WAIVER.—The Secretary may waive all or 
part of the matching requirement described in para-
graph (1) for any fiscal year for an eligible partner-
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ship, if the Secretary determines that applying the 
matching requirement to the eligible partnership 
would result in serious hardship or an inability to 
carry out the authorized activities described in this 
part. 
‘‘(d) LIMITATION ON ADMINISTRATIVE EXPENSES.— 
An eligible partnership that receives a grant under this part 
may use not more than 2 percent of the grant funds for 
purposes of administering the grant. 
‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. 
‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each el-
igible partnership submitting an application for a grant 
under this part shall establish and include in such applica-
tion an evaluation plan that includes strong performance 
objectives. The plan shall include objectives and measures 
for increasing— 
‘‘(1) student achievement for all students as 
measured by the eligible partnership; 
‘‘(2) teacher retention in the first 3 years of a 
teacher’s career; 
‘‘(3) improvement in the pass rates and scaled 
scores for initial State certification or licensure of 
teachers; and 
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‘‘(4)(A) the percentage of highly qualified teach-
ers hired by the high-need local educational agency 
participating in the eligible partnership; 
‘‘(B) the percentage of such teachers who are 
members of underrepresented groups; 
‘‘(C) the percentage of such teachers who teach 
high-need academic subject areas (such as reading, 
mathematics, science, and foreign languages, includ-
ing less commonly taught languages and critical for-
eign languages); 
‘‘(D) the percentage of such teachers who teach in 
high-need areas (including special education, lan-
guage instruction educational programs for limited 
English proficient students, and early childhood edu-
cation); 
‘‘(E) the percentage of such teachers in high-need 
schools, disaggregated by the elementary, middle, and 
high school levels; 
‘‘(F) as applicable, the percentage of early child-
hood education program classes in the geographic 
area served by the eligible partnership taught by early 
childhood educators who are highly competent; and 
‘‘(G) as applicable, the number of teachers 
trained effectively to integrate technology into cur-
ricula and instruction and who use technology to col-
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lect, manage, and analyze data to improve teaching, 
learning, and decision making for the purpose of im-
proving student academic achievement. 
‘‘(b) INFORMATION.—An eligible partnership receiving 
a grant under this part shall ensure that teachers, prin-
cipals, school superintendents, and faculty and leadership 
at institutions of higher education located in the geographic 
areas served by the eligible partnership are provided infor-
mation about the activities carried out with funds under 
this part, including through electronic means. 
‘‘(c) REVOCATION OF GRANT.—If the Secretary deter-
mines that an eligible partnership receiving a grant under 
this part is not making substantial progress in meeting the 
purposes, goals, objectives, and measures, as appropriate, 
of the grant by the end of the third year of a grant under 
this part, then the Secretary shall require such eligible part-
nership to submit a revised application that identifies the 
steps the partnership will take to make substantial progress 
to meet the purposes, goals, objectives, and measures, as ap-
propriate, of this part. 
‘‘(d) EVALUATION
AND DISSEMINATION.—The Sec-
retary shall evaluate the activities funded under this part 
and report the findings regarding the evaluation of such 
activities to the authorizing committees. The Secretary shall 
broadly disseminate— 
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146 
‘‘(1) successful practices developed by eligible 
partnerships under this part; and 
‘‘(2) information regarding such practices that 
were found to be ineffective. 
‘‘SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PRE-
PARE TEACHERS. 
‘‘(a) INSTITUTIONAL AND PROGRAM REPORT CARDS 
ON THE QUALITY OF TEACHER PREPARATION.— 
‘‘(1) REPORT CARD.—Each institution of higher 
education that conducts a traditional teacher prepa-
ration program or alternative routes to State certifi-
cation or licensure program and that enrolls students 
receiving Federal assistance under this Act shall re-
port annually to the State and the general public, in 
a uniform and comprehensible manner that conforms 
with the definitions and methods established by the 
Secretary, both for traditional teacher preparation 
programs and alternative routes to State certification 
or licensure programs, the following information: 
‘‘(A) PASS RATES AND SCALED SCORES.— 
For the most recent year for which the informa-
tion is available for those students who took the 
assessments and are enrolled in the traditional 
teacher preparation program or alternative 
routes to State certification or licensure pro-
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147 
gram, and for those who have taken the assess-
ments and have completed the traditional teacher 
preparation program or alternative routes to 
State certification or licensure program during 
the 2-year period preceding such year, for each 
of the assessments used for teacher certification 
or licensure by the State in which the program 
is located— 
‘‘(i) the percentage of students who 
have completed 100 percent of the nonclin-
ical course work and taken the assessment 
who pass such assessment; 
‘‘(ii) the percentage of all such students 
who passed each such assessment; 
‘‘(iii) the percentage of students taking 
an assessment who enrolled in and com-
pleted the teacher preparation program; 
‘‘(iv) the average scaled score for all 
students who took each such assessment; 
‘‘(v) a comparison of the program’s 
pass rates with the average pass rates for 
programs in the State; and 
‘‘(vi) a comparison of the program’s 
average scaled scores with the average scaled 
scores for programs in the State. 
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148 
‘‘(B) PROGRAM INFORMATION.—The criteria 
for admission into the program, the number of 
students in the program (disaggregated by race, 
ethnicity, and gender), the average number of 
hours of supervised clinical experience required 
for those in the program, the number of full-time 
equivalent faculty and students in the supervised 
clinical experience, and the total number of stu-
dents who have been certified or licensed as 
teachers, disaggregated by subject and area of 
certification or licensure. 
‘‘(C) STATEMENT.—In States that require 
approval or accreditation of teacher preparation 
programs, a statement of whether the institu-
tion’s program is so approved or accredited, and 
by whom. 
‘‘(D) DESIGNATION AS LOW-PERFORMING.— 
Whether the program has been designated as low- 
performing by the State under section 208(a). 
‘‘(E) USE OF TECHNOLOGY.—A description 
of the activities that prepare teachers to effec-
tively integrate technology into curricula and in-
struction and effectively use technology to collect, 
manage, and analyze data in order to improve 
teaching, learning, and decision making for the 
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purpose of increasing student academic achieve-
ment. 
‘‘(F) TEACHER TRAINING.—A description of 
the activities that prepare general and special 
education teachers to effectively teach students 
with disabilities, including 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, and to effectively teach students 
with limited English proficiency. 
‘‘(2) REPORT.—Each eligible partnership receiv-
ing a grant under section 202 shall report annually 
on the progress of the eligible partnership toward 
meeting the purposes of this part and the objectives 
and measures described in section 204(a). 
‘‘(3) FINES.—The Secretary may impose a fine 
not to exceed $25,000 on an institution of higher edu-
cation for failure to provide the information described 
in this subsection in a timely or accurate manner. 
‘‘(4) SPECIAL RULE.—In the case of an institu-
tion of higher education that conducts a traditional 
teacher preparation program or alternative routes to 
State certification or licensure program and has fewer 
than 10 scores reported on any single initial teacher 
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150 
certification or licensure assessment during an aca-
demic year, the institution shall collect and publish 
information, as required under paragraph (1)(A), 
with respect to an average pass rate and scaled score 
on each State certification or licensure assessment 
taken over a 3-year period. 
‘‘(b) STATE REPORT CARD
ON
THE QUALITY
OF 
TEACHER PREPARATION.— 
‘‘(1) IN
GENERAL.—Each State that receives 
funds under this Act shall provide to the Secretary, 
annually, in a uniform and comprehensible manner 
that conforms with the definitions and methods estab-
lished by the Secretary, a State report card on the 
quality of teacher preparation in the State, both for 
traditional teacher preparation programs and for al-
ternative routes to State certification or licensure pro-
grams, which shall include not less than the following: 
‘‘(A) A description of the reliability and va-
lidity of the teacher certification and licensure 
assessments, and any other certification and li-
censure requirements, used by the State. 
‘‘(B) The standards and criteria that pro-
spective teachers must meet to attain initial 
teacher certification or licensure and to be cer-
tified or licensed to teach particular academic 
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151 
subject areas or in particular grades within the 
State. 
‘‘(C) A description of how the assessments 
and requirements described in subparagraph (A) 
are aligned with the State’s challenging aca-
demic content standards required under section 
1111(b)(1) of the Elementary and Secondary 
Education Act of 1965 and State early learning 
standards for early childhood education pro-
grams. 
‘‘(D) For each of the assessments used by 
the State for teacher certification or licensure— 
‘‘(i) for each institution of higher edu-
cation located in the State and each entity 
located in the State that offers an alter-
native route for teacher certification or li-
censure, the percentage of students at such 
institution or entity who have completed 
100 percent of the nonclinical course work 
and taken the assessment who pass such as-
sessment; 
‘‘(ii) the percentage of all such students 
at all such institutions taking the assess-
ment who pass such assessment; and 
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152 
‘‘(iii) the percentage of students taking 
an assessment who enrolled in and com-
pleted the teacher preparation program. 
‘‘(E) A description of alternative routes to 
teacher certification or licensure in the State (in-
cluding any such routes operated by entities that 
are not institutions of higher education), if any, 
including, for each of the assessments used by the 
State for teacher certification or licensure— 
‘‘(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 preparation 
programs within institutions of higher education 
in the State. Such criteria shall include indica-
tors of the academic content knowledge and 
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153 
teaching skills of students enrolled in such pro-
grams. 
‘‘(G) For each teacher preparation program 
in the State, the criteria for admission into the 
program, the number of students in the program, 
disaggregated by race, ethnicity, and gender (ex-
cept that such disaggregation shall not be re-
quired in a case in which the number of students 
in a category is insufficient to yield statistically 
reliable information or the results would reveal 
personally identifiable information about an in-
dividual student), the average number of hours of 
supervised clinical experience required for those 
in the program, and the number of full-time 
equivalent faculty, adjunct faculty, and students 
in supervised clinical experience. 
‘‘(H) For the State as a whole, and for each 
teacher preparation program in the State, the 
number of teachers prepared, in the aggregate 
and reported separately by— 
‘‘(i) area of certification or licensure; 
‘‘(ii) academic major; and 
‘‘(iii) subject area for which the teacher 
has been prepared to teach. 
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‘‘(I) Using the data generated under sub-
paragraphs (G) and (H), a description of the ex-
tent to which teacher preparation programs are 
helping to address shortages of highly qualified 
teachers, by area of certification or licensure, 
subject, and specialty, in the State’s public 
schools. 
‘‘(J) A description of the activities that pre-
pare general and special education teachers to ef-
fectively teach students with disabilities, includ-
ing training related to participation as a mem-
ber of individualized education program teams, 
as defined in section 614(d)(1)(B) of the Individ-
uals with Disabilities Education Act. 
‘‘(K) A description of the activities that pre-
pare teachers to effectively integrate technology 
into curricula and instruction and effectively use 
technology to collect, manage, and analyze data 
to improve teaching, learning, and decision mak-
ing for the purpose of increasing student aca-
demic achievement. 
‘‘(L) A description of the activities that pre-
pare general education and special education 
teachers to effectively teach students with limited 
English proficiency. 
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155 
‘‘(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. 
‘‘(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 provided, 
published, and made available annually. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall prepare and submit a report to Congress that 
contains the following: 
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‘‘(A) A comparison of States’ efforts to im-
prove the quality of the current and future teach-
ing 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 cer-
tification or licensure. 
‘‘(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 Sec-
retary 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 assessments in 
a State other than the State in which the individual re-
ceived the individual’s most recent degree. 
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‘‘SEC. 206. TEACHER DEVELOPMENT. 
‘‘(a) ANNUAL GOALS.—As a condition of receiving as-
sistance under title IV, each institution of higher education 
that conducts a traditional teacher preparation program 
(including programs that offer any ongoing professional de-
velopment programs) or alternative routes to State certifi-
cation or licensure program, and that enrolls students re-
ceiving Federal assistance under this Act, shall set annual 
quantifiable goals for— 
‘‘(1) increasing the number of prospective teach-
ers trained in teacher shortage areas designated by 
the Secretary, including mathematics, science, special 
education, and instruction of limited English pro-
ficient 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 class-
room. 
‘‘(b) ASSURANCE.—As a condition of receiving assist-
ance under title IV, each institution described in subsection 
(a) shall provide an assurance to the Secretary that— 
‘‘(1) training provided to prospective teachers re-
sponds to the identified needs of the local educational 
agencies or States where the institution’s graduates 
are likely to teach, based on past hiring and recruit-
ment trends; 
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