IIB 
110TH CONGRESS 
2D SESSION 
H. R. 4137 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 25, 2008 
Received; read twice and referred to the Committee on Health, Education, 
Labor, and Pensions 
AN ACT 
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, 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘College Opportunity and Affordability Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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 In-
tegrity. 
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. In-State tuition rates for members of the Armed Forces on active 
duty and dependents. 
‘‘Sec. 136. In-State tuition rates for members of the Armed Forces on ac-
tive duty and dependents. 
Sec. 113. Endowment Reporting. 
‘‘Sec. 137. Endowment Reporting. 
Sec. 114. State higher education information system pilot program. 
‘‘Sec. 138. State higher education information system pilot program. 
Sec. 115. Institution and lender reporting and disclosure requirements. 
‘‘PART E—LENDER AND INSTITUTION REQUIREMENTS RELATING TO 
EDUCATIONAL LOANS 
‘‘Sec. 151. Definitions. 
‘‘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 in-
stitutions. 
‘‘Sec. 155. Integrity provisions. 
‘‘Sec. 156. Compliance and enforcement. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘Sec. 157. Student loan counseling. 
Sec. 116. 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. 
‘‘SUBPART 4—TEACH FOR AMERICA 
‘‘Sec. 271. Teach for America. 
‘‘SUBPART 5—EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT 
AND CAREER TASK FORCE 
‘‘Sec. 281. Purpose. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘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. 
‘‘SUBPART 6—PREPARING GENERAL EDUCATION TEACHERS TO MORE 
EFFECTIVELY EDUCATE STUDENTS WITH DISABILITIES 
‘‘Sec. 291. Teach to Reach Grants. 
Sec. 202. National Academy of Sciences study of best practices in teacher prep-
aration. 
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. Historically Black College and University Capital Financing. 
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. 
Sec. 407. Special programs for students whose families are engaged in migrant 
and seasonal farmwork. 
Sec. 408. Robert C. Byrd Honors Scholarship Program. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6211
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘SUBPART 6—ROBERT C. BYRD AMERICAN COMPETITIVENESS PROGRAM 
‘‘Sec. 419A. Robert C. Byrd mathematics and science honors scholarship 
program. 
‘‘Sec. 419B. Mathematics and science incentive program. 
‘‘Sec. 419C. Foreign Language Partnerships. 
‘‘Sec. 419D. Adjunct Teacher Corps. 
‘‘Sec. 419E. 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. Voluntary flexible agreements. 
Sec. 425. Grace period for graduate and professional student PLUS loans. 
Sec. 426. Consolidation loan disclosure. 
Sec. 427. Extension of consolidation loan authority. 
Sec. 428. Requirements for disbursement of student loans. 
Sec. 429. Loan forgiveness for service in areas of national need. 
‘‘Sec. 428K. Loan forgiveness for service in areas of national need. 
Sec. 430. Loan repayment for civil legal assistance attorneys. 
‘‘Sec. 428L. Loan repayment for civil legal assistance attorneys. 
Sec. 431. Loan forgiveness for volunteer mentoring. 
‘‘Sec. 428M. Loan forgiveness for volunteer mentoring. 
Sec. 432. Settlement of claims. 
Sec. 433. Delinquency prevention, default aversion, and consumer education in-
formation programs. 
‘‘Sec. 433A. Delinquency prevention, default aversion, and consumer edu-
cation information programs. 
Sec. 434. Definition of eligible institution: participation rate index. 
Sec. 434. Definition of eligible lender. 
Sec. 435. Cohort default rates. 
Sec. 436. 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. No accrual of interest for active duty service members. 
Sec. 455. Direct loan program audit and reporting requirements. 
PART E—PERKINS LOANS 
Sec. 461. Extension of authority. 
Sec. 462. Allowance for books and supplies. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6211
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
Sec. 463. Agreements with institutions. 
Sec. 464. Perkins loan terms and conditions. 
Sec. 465. Cancellation for public service. 
Sec. 466. Sense of Congress regarding Perkins Loans. 
PART F—NEED ANALYSIS 
Sec. 471. Cost of attendance. 
Sec. 472. Discretion to make adjustments for nursing home expenses. 
Sec. 473. Definitions. 
Sec. 474. Use of most recent tax information in need analysis. 
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. 
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. Transfer of allotments. 
Sec. 493. Advisory Committee on Student Financial Assistance. 
Sec. 494. Negotiated rulemaking. 
Sec. 495. Technical amendment. 
Sec. 495A. 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. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6211
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘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. 
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 
program. 
‘‘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. Masters Degrees Programs at Historically Black Colleges and Univer-
sities and Other Minority Serving Institutions. 
‘‘SUBPART 5—MASTERS DEGREES PROGRAMS AT HISTORICALLY BLACK 
COLLEGES AND UNIVERSITIES AND OTHER MINORITY SERVING INSTITUTIONS 
‘‘Sec. 723. Grants to Academic Departments and Programs at Eligible In-
stitutions. 
Sec. 706. Fund for the improvement of postsecondary education. 
Sec. 707. 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. 708. Programs to ensure students with disabilities receive a quality higher 
education. 
‘‘SUBPART 1—QUALITY HIGHER EDUCATION 
‘‘SUBPART
2—NATIONAL
TECHNICAL
ASSISTANCE
CENTER; COMMISSION
ON 
ACCESSIBLE MATERIALS; PROGRAMS TO SUPPORT IMPROVED ACCESS TO MA-
TERIALS 
‘‘Sec. 766. National Center. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6211
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘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. 
‘‘Sec. 770. Coordinating center for technical assistance, evaluation, and de-
velopment of standards. 
‘‘Sec. 770A. Authorization of appropriations. 
Sec. 709. Subgrants to nonprofit organizations. 
Sec. 710. 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. 711. 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6211
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘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. 
‘‘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 HA-
WAIIAN STUDENTS 
‘‘Sec. 880. Improving science, technology, engineering, and mathematics 
education with a focus on Alaska Native and Native Ha-
waiian 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 
writers. 
‘‘PART N—CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6211
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘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. 
‘‘PART Q—BUSINESS WORKFORCE PARTNERSHIPS 
‘‘Sec. 887. Grants to create business workforce partnerships. 
‘‘PART R—PATH TO SUCCESS PROGRAM 
‘‘Sec. 887. Path to Success. 
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. 
Sec. 814. Study on Regional Sensitivity in the Needs Analysis Formula. 
Sec. 815. Dyslexia Study. 
Sec. 816. Study and report on borrower repayment plans. 
Sec. 817. Nursing school capacity. 
Sec. 818. Study of the impact of student loan debt on public service. 
Sec. 819. Federal regulation of higher education report. 
Sec. 820. Study of aid to less-than-half-time students. 
Sec. 821. Establishment of pilot program for course material rental. 
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. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6211
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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 As-
sistance 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 institu-
tions 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. 
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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6211
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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 prac-
tices 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. 
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 
provided 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 con-
sidered 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
amendments made by this Act shall be effective on the 
date of enactment 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)(1), by inserting before the 
semicolon the following: ‘‘, or persons who meet the 
requirements of section 484(d)(3)’’; 
(2) 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 
(3) by striking subsection (b)(2) and inserting 
the following: 
‘‘(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 stu-
dents persons— 
‘‘(A) who are beyond the age of compul-
sory school attendance in the State in which the 
institution is located; or 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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 sub-
clause (I); and 
(B) by striking subclause (II) and insert-
ing 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 
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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
under part B of title IV to grad-
uate and professional students 
attending the institution; and 
‘‘(cc) agrees to reimburse 
the Secretary for the cost of any 
loan defaults for students in-
cluded 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 
institution— 
‘‘(I) has agreements with hos-
pitals or eligible nursing schools lo-
cated in the United States that in-
clude provisions for students to com-
plete their clinical training at such 
hospitals and eligible nursing schools; 
‘‘(II) certifies only unsubsidized 
Stafford and PLUS loans under part 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
B of title IV for students attending 
the institution; and 
‘‘(III) agrees to reimburse the 
Secretary for the cost of any loan de-
faults to the extent that the institu-
tion’s cohort default rate exceeds 5 
percent.’’. 
(c) CONFORMING AMENDMENT CONCERNING 90/10 
ENFORCEMENT.—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— 
(1) by striking subsection (b)(2) and inserting 
the following: 
‘‘(2) ADDITIONAL
INSTITUTIONS.—The term 
‘proprietary institution of higher education’ also in-
cludes a proprietary educational institution in any 
State that, in lieu of the requirement in section 
101(a)(1), admits as regular students individuals— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(A) who are beyond the age of compul-
sory school attendance in the State in which the 
institution 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 
regular students individuals— 
‘‘(A) who are beyond the age of compul-
sory school attendance in the State in which the 
institution is located; or 
‘‘(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 
paragraphs: 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(17) AUTHORIZING COMMITTEES.—The term 
‘authorizing committees’ means the Committee on 
Health, Education, Labor, and Pensions of the Sen-
ate 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 Se-
curity Act (repealed by section 2303 of the Augustus 
F. Hawkins-Robert T. Stafford Elementary and Sec-
ondary School Improvement Amendments of 1988)); 
as updated by the Secretary from time to time and 
published in the Federal Register, except that in the 
implementation of this definition with respect to a 
specific title, the Secretary may set priorities accord-
ing to the purposes of such title and the national se-
curity, economic competitiveness, and educational 
needs of the United States. 
‘‘(19) DISCONNECTED
STUDENTS.—The term 
‘disconnected students’ means students who are— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(A) homeless children and youths, as such 
term is defined in section 725 of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 
11434a); 
‘‘(B) orphans, in foster care, or wards of 
the court, or who were in foster care or were 
wards of the court until the students reached 
the age of 16; 
‘‘(C) adjudicated or convicted juveniles, or 
who were adjudicated juveniles until the juve-
niles reached the upper age of juvenile court ju-
risdiction, or who were convicted juveniles who 
completed the sentence for the juvenile convic-
tion prior to reaching the age of majority; or 
‘‘(D) pregnant or parenting youth. 
‘‘(20) DISTANCE EDUCATION.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided, the term ‘distance education’ means 
education that uses 1 or more of the tech-
nologies 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
and the instructor, synchronously or asyn-
chronously. 
‘‘(B) INCLUSIONS.—For the purposes of 
subparagraph (A), the technologies used may 
include— 
‘‘(i) the Internet; 
‘‘(ii) one-way and two-way trans-
missions through open broadcast, closed 
circuit, cable, microwave, broadband lines, 
fiber optics, satellite, or wireless commu-
nications devices; 
‘‘(iii) audio conferencing; or 
‘‘(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). 
‘‘(21) HIGH-NEED
SCHOOL.—Except with re-
spect to title II, the term ‘high-need school’ means 
a public or nonprofit private elementary or sec-
ondary school which is in a local educational agency 
which is eligible for assistance pursuant to title I of 
the Elementary and Secondary Education Act of 
1965 in the applicable fiscal year, and which for the 
purpose of this paragraph and for that year was de-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
termined by the Secretary (pursuant to regulations 
and after consultation 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 Education Act of 1965 exceeds 30 
percent of the total enrollment of that school. 
‘‘(22) LIMITED
ENGLISH
PROFICIENT.—The 
term ‘limited English proficient’ has the meaning 
given such term in section 9101 of the Elementary 
and Secondary Education Act of 1965. 
‘‘(23) UNIVERSAL
DESIGN.—The term ‘uni-
versal design’ means a concept or philosophy for de-
signing 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 requir-
ing assistive technologies) and products and services 
that are interoperable with assistive technologies. 
‘‘(24) UNIVERSAL
DESIGN
FOR
LEARNING.— 
The term ‘universal design for learning’ means a re-
search-based framework for designing curriculum 
(including goals, methods, materials, and assess-
ments) that— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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 
assessment, 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 head-
ings of such paragraphs, and renumbering such 
paragraphs 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 Com-
mittee on Education and the Workforce of the 
House of Representatives’’ and inserting ‘‘author-
izing committees’’; 
(2) 
in 
section 
141(d)(4)(B) 
(20 
U.S.C. 
1018(d)(4)(B)), by striking ‘‘Committee on Edu-
cation and the Workforce of the House of Rep-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
resentatives and the Committee on Labor and 
Human Resources of the Senate’’ and inserting ‘‘au-
thorizing committees’’; 
(3) 
in 
section 
401(f)(3) 
(20 
U.S.C. 
1070a(f)(3)), by striking ‘‘to the Committee on Ap-
propriations’’ and all that follows through ‘‘House of 
Representatives’’ and inserting ‘‘to the Committee 
on Appropriations 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 
Workforce and the Senate Committee on Labor 
and Human Resources’’ and inserting ‘‘author-
izing 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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 ‘‘Chair-
person’’ and all that follows through ‘‘House of 
Representatives’’ and inserting ‘‘members of the 
authorizing 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 
(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 Work-
force of the House of Representatives or the 
Committee on Labor and Human Resources of 
the Senate’’ and inserting ‘‘either of the author-
izing committees’’; and 
(B) in the matter following subparagraph 
(D) of subsection (n)(3), by striking ‘‘Com-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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’’; 
(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 Sen-
ate’’ 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 
through ‘‘House of Representatives’’ and insert-
ing ‘‘advise the members of the authorizing 
committees’’; 
(B) in subsection (r)— 
(i) in paragraph (3), by striking ‘‘in-
form the Chairman’’ and all that follows 
through ‘‘House of Representatives,’’ and 
inserting ‘‘inform the members of the au-
thorizing committees’’; 
(ii) in paragraph (5)(B), by striking 
‘‘plan, to the Chairman’’ and all that fol-
lows through ‘‘Education and Labor’’ and 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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’’; 
(iv) in paragraph (8)(C), by striking 
‘‘implemented to the Chairman’’ and all 
that follows through ‘‘House of Represent-
atives, and’’ and inserting ‘‘implemented to 
the members of the authorizing commit-
tees, and to’’; and 
(v) in the matter preceding subpara-
graph (A) of paragraph (10), by striking 
‘‘days to the Chairman’’ and all that fol-
lows through ‘‘Education and Labor’’ and 
inserting ‘‘days to the members of the au-
thorizing committees’’; and 
(C) in subsection (s)(2)— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
(i) in the matter preceding clause (i) 
of subparagraph (A), by striking ‘‘Treas-
ury and to the Chairman’’ and all that fol-
lows through ‘‘House of Representatives’’ 
and inserting ‘‘Treasury and to the mem-
bers of the authorizing committees’’; and 
(ii) in subparagraph (B), by striking 
‘‘Treasury and to the Chairman’’ and all 
that follows through ‘‘House of Represent-
atives’’ and inserting ‘‘Treasury and to the 
members of the authorizing committees’’; 
(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 ‘‘author-
izing committees’’; 
(10) in section 482(d) (20 U.S.C. 1089(d)), by 
striking ‘‘Committee on Labor and Human Re-
sources of the Senate and the Committee on Edu-
cation 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 Re-
sources of the Senate and the Committee on Edu-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
cation and the Workforce of the House of Rep-
resentatives’’ and inserting ‘‘authorizing commit-
tees’’; 
(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 Com-
mittee on Labor and Human Resources of the 
Senate’’ and inserting ‘‘authorizing commit-
tees’’; and 
(B) in subsection (g)(4)(B), by striking 
‘‘Committee on Education and the Workforce of 
the House of Representatives and the Com-
mittee on Labor and Human Resources of the 
Senate’’ and inserting ‘‘authorizing commit-
tees’’; 
(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 ‘‘Com-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
mittee on Labor and Human Resources of 
the Senate and the Committee on Edu-
cation and the Workforce of the House of 
Representatives’’ and inserting ‘‘author-
izing committees’’; 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 Edu-
cation and the Workforce of the House of 
Representatives’’ and inserting ‘‘author-
izing committees’’; 
(14) 
in 
section 
487A(a)(5) 
(20 
U.S.C. 
1094a(a)(5)), 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 commit-
tees’’; 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
(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 
(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 
Department a National Advisory Committee on Institu-
tional Quality and Integrity (in this section referred to as 
the ‘Committee’) to assess the process of accreditation and 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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 
members on the recommendation of the major-
ity leader of the House of Representatives, and 
3 members on the recommendation of the mi-
nority leader of the House of Representatives; 
and 
‘‘(C) 6 members shall be appointed by the 
President pro tempore of the Senate, 3 mem-
bers on the recommendation of the majority 
leader of the Senate, and 3 members on the 
recommendation 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 judg-
ment; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(B) from among individuals who are rep-
resentatives of, or knowledgeable concerning, 
education and training beyond secondary edu-
cation, representing all sectors and types of in-
stitutions of higher education (as defined in sec-
tion 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 predecessor was appointed shall be ap-
pointed 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 pub-
lish a Federal Register notice soliciting nominations 
for the position not later than 30 days after being 
notified of the vacancy. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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 
Committee 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 ac-
crediting agencies or associations under subpart 2 of 
part H of title IV; 
‘‘(2) advise the Secretary with respect to the 
recognition of a specific accrediting agency or asso-
ciation; 
‘‘(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 
eligibility and certification process for institutions of 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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 
respect to such institutions; 
‘‘(6) take into consideration the complaints, and 
the resolution of such complaints, received by the 
ombudsman described in section 497 when advising 
the Secretary with respect to the recognition of a 
specific accrediting agency or association; and 
‘‘(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 Com-
mittee 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
the Secretary shall publish such information in 
the Federal Register not later than 30 days be-
fore 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 notifica-
tion 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. 
‘‘(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— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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 
subsection (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 
(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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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 
(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 Edu-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
cation in a prominent place on the homepage of the 
Department of Education website; and 
‘‘(2) may use administrative funds available for 
the Department’s operations and expenses for the 
purpose 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.—Not 
later than 90 days after the Secretary receives the 
information required under paragraph (2), the Sec-
retary shall ensure that the eligibility requirements, 
application procedures, financial terms and condi-
tions, and other relevant information for each non- 
departmental student financial assistance program 
are easily accessible through the Federal student fi-
nancial aid website and are incorporated into the 
search matrix on such website in a manner that per-
mits students and parents to readily identify the 
programs that are appropriate to their needs and eli-
gibility. 
‘‘(2) AGENCY
RESPONSE.—Each Federal de-
partment and agency shall promptly respond to sur-
veys or other requests for the information required 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
by paragraph (1), and shall identify for the Sec-
retary any non-departmental student financial as-
sistance program operated, sponsored, or supported 
by such Federal department or agency. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘non-departmental student finan-
cial assistance program’ means any grant, loan, 
scholarship, 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 
Department of Education.’’. 
SEC. 108. STATE COMMITMENT TO AFFORDABLE COLLEGE 
EDUCATION. 
Part C of title I (20 U.S.C. 1015) is amended by 
adding at the end the following new section: 
‘‘SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE 
EDUCATION. 
‘‘(a) MAINTENANCE
OF
EFFORT
REQUIRED.—A 
State shall provide— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(1) for public institutions of higher education 
in such State for any academic year beginning on or 
after July 1, 2008, an amount which is equal to or 
greater than the average amount provided for non- 
capital and non-direct research and development ex-
penses or costs by such State to such institutions of 
higher education during the 5 most recent preceding 
academic years for which satisfactory data are avail-
able; and 
‘‘(2) for private institutions of higher education 
in such State for any academic year beginning on or 
after July 1, 2008, an amount which is equal to or 
greater than the average amount provided for stu-
dent financial aid for paying costs associated with 
postsecondary education by such State to such insti-
tutions during the 5 most recent preceding academic 
years for which satisfactory data are available. 
‘‘(b) WAIVER.—The Secretary shall waive the re-
quirements of subsection (a), if the Secretary determines 
that such a waiver would be equitable due to exceptional 
or uncontrollable circumstances, such as a natural disaster 
or a precipitous and unforseen decline in the financial re-
sources of a State or State educational agency, as appro-
priate. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(c) VIOLATION OF MAINTENANCE OF EFFORT.— 
Notwithstanding any other provision of law, the Secretary 
shall 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 
currently 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 re-
search that has identified successful methods of 
cost containment; 
‘‘(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.’’. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(b) CATEGORIES OF INSTITUTIONS.—The following 
categories shall be used in compiling the information in 
subsection (a): 
‘‘(1) 4-year public institutions of higher edu-
cation. 
‘‘(2) 4-year private, nonprofit institutions of 
higher education. 
‘‘(3) 4-year private, for-profit institutions of 
higher education. 
‘‘(4) 2-year public institutions of higher edu-
cation. 
‘‘(5) 2-year private, nonprofit institutions of 
higher education. 
‘‘(6) 2-year private, for-profit institutions of 
higher education. 
‘‘(7) Less than 2-year public institutions of 
higher education. 
‘‘(8) Less than 2-year private, nonprofit institu-
tions of higher education. 
‘‘(9) Less than 2-year private, for-profit institu-
tions of higher education. 
‘‘(10) All types of institutions described in 
paragraphs (1) through (9). 
‘‘(c) INSTITUTION REPORTS.—If an institution of 
higher education appears on the list described in sub-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
section (a)(3), the institution or a representative associa-
tion designated by the institution shall submit to the Sec-
retary the following information: 
‘‘(1) A description of the factors contributing to 
the increase in the institution’s tuition and fees, in-
cluding an identification of the major areas in the 
institution’s budget with the greatest cost increases. 
‘‘(2) If determinations of tuition and fee in-
creases are not within the exclusive control of the in-
stitution, a description of the agency or instrumen-
tality of State government or other entity that par-
ticipates in such determinations, and the authority 
exercised by such agency, instrumentality, or entity. 
‘‘(d) QUALITY
EFFICIENCY
TASK
FORCES.—(1) 
Each institution that is required to submit information by 
subsection (c) shall establish a quality-efficiency task force 
to— 
‘‘(A) review the operations of such institution; 
‘‘(B) analyze institutional operating costs in 
comparison with such costs at other institutions 
within the same category of institutions; 
‘‘(C) identify areas where, in comparison with 
other institutions in such category, the institution 
operates more expensively to produce a similar re-
sult; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(D) develop annual benchmarks for the insti-
tution to reduce costs in areas identified under sub-
paragraph (C); 
‘‘(E) conduct an in-depth analysis of such iden-
tified areas for cost reduction opportunities; and 
‘‘(F) submit a report to the Secretary and the 
institution on the results of the review and analysis 
conducted under this subsection. 
‘‘(2) An institution of higher education that does not 
meet the benchmarks established under paragraph (1)(D) 
shall provide to the Secretary a detailed explanation of the 
reasons why the institution did not meet such benchmarks. 
‘‘(e) INFORMATION TO THE PUBLIC.—The Secretary 
shall compile the information submitted under subsections 
(c) and (d) and shall submit an annual report summa-
rizing such information to the authorizing committees and 
publish such report on the College Navigator website. 
‘‘(f) EXEMPTIONS.—An institution shall not be 
placed on the list required under subsection (a)(3) and 
shall not be subject to the reporting in subsection (c) if, 
for the 3-year interval described in subsection (a)(3) the 
institution meets the following criteria: 
‘‘(1) With respect to the category of institutions 
described in subsection (b) to which the institution 
belongs, the computed price of the institution is in 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
the lowest quartile of institutions within such cat-
egory, as determined by the Secretary, during the 
last year of such 3-year interval. 
‘‘(2) The dollar amount of the institution’s in-
crease in its full price, as computed under subsection 
(a)(3), is less than $500 for such 3-year interval. 
‘‘(g) STATE HIGHER EDUCATION APPROPRIATIONS 
CHART.—The Secretary shall annually report on the Col-
lege Navigator website, in charts for each State— 
‘‘(1) a comparison of— 
‘‘(A) the percentage change in State ap-
propriations per full-time equivalent student in 
each public institution of higher education in 
the State for each of the 5 most recent pre-
ceding academic years; to 
‘‘(B) the percentage change in tuition and 
fees for each public institution of higher edu-
cation in the State for each of the 5 most re-
cent preceding academic years; and 
‘‘(2) the total amount of need-based and merit- 
based aid provided by the State to full-time equiva-
lent students attending an institution of higher edu-
cation in the State. 
‘‘(h) AVAILABILITY OF NET PRICE INFORMATION.— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(1) NET PRICE.—In this section, the term ‘net 
price’ means the average yearly tuition and fees ac-
tually charged to a full-time undergraduate student 
receiving student aid at an institution of higher edu-
cation, after deduction of any discounts and Federal 
and State aid, and any other institutional aid, that 
reduce the full price of tuition and fees at the insti-
tution, as determined in accordance with regulations 
prescribed by the Secretary. 
‘‘(2) NET PRICE CALCULATOR.— 
‘‘(A) DEVELOPMENT.—Not later than 1 
year after the date of enactment of the College 
Opportunity and Affordability Act of 2007, the 
Secretary shall, in consultation with institutions 
of higher education, develop a net price calcu-
lator to help students, families, and consumers 
determine the net price of an institution of 
higher education. The calculator shall be devel-
oped in a manner that permits students to de-
termine an estimate of their individual net price 
of attendance for an institution. 
‘‘(B) USE OF NET PRICE CALCULATOR BY 
INSTITUTIONS.—Not later than 3 years after 
the date of enactment of the College Oppor-
tunity and Affordability Act of 2007, each insti-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
tution of higher education that receives Federal 
funds under this Act shall adopt and make 
available for use on the institution’s website the 
net price calculator developed under subpara-
graph (A) to help students, families, and other 
consumers determine the net price of such insti-
tution of higher education. 
‘‘(i) POSTSECONDARY EDUCATION PRICE INDICES.— 
Not later than 1 year after the date of enactment of the 
College Opportunity and Affordability Act of 2007, the 
Bureau of Labor Statistics, in consultation with the Com-
missioner of Education Statistics and representatives of 
institutions of higher education, shall develop, for inclu-
sion in the higher education pricing summary page re-
quired under subsection (j)(3), postsecondary education 
price indices that accurately reflect the annual change in 
tuition and fees for undergraduate students in the cat-
egories of institutions described in subsection (b). Such 
indices shall be updated annually. Prior to the completion 
of the postsecondary education price indices, the Secretary 
is authorized to use an alternative, comparable index or 
indices. 
‘‘(j) CONSUMER COST INFORMATION.— 
‘‘(1) INFORMATION FROM INSTITUTIONS.—Not 
later than 1 year after the date of enactment of the 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
ternship opportunities, career and placement 
services, and preparation for further education. 
‘‘(2) DATA COLLECTION.—The Commissioner of 
Education Statistics shall continue to redesign the 
relevant parts of the Integrated Postsecondary Edu-
cation Data System to include additional data as re-
quired by this subsection and to continue to improve 
the usefulness and timeliness of data collected by 
such System in order to inform consumers about in-
stitutions of higher education. 
‘‘(3) HIGHER
EDUCATION
PRICING
SUMMARY 
PAGE.—The Secretary shall make publicly available 
on an annual basis, in a sortable and searchable 
electronic format on the College Navigator website, 
a list of all institutions of higher education partici-
pating in aid programs under title IV of this Act 
that includes for each such institution: 
‘‘(A) The undergraduate tuition and fees 
for the upcoming academic year. 
‘‘(B) The average annual net price by in-
come category, as defined in paragraph (4), 
over the 3 most recent preceding academic 
years. 
‘‘(C) The average annual percentage 
change and dollar change in such institution’s 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
tuition and fees over the 3 most recent pre-
ceding academic years. 
‘‘(D) The average annual percentage 
change and dollar change in such institution’s 
per student instructional spending over the 3 
most recent preceding academic years. 
‘‘(E) The difference between the average 
annual percentage change in such institution’s 
tuition and fees over the 3 most recent pre-
ceding academic years and the postsecondary 
education price indices, as defined in subsection 
(i). 
‘‘(F) A link to the institution information 
on the College Navigator website, as detailed in 
paragraph (1). 
‘‘(4) INCOME CATEGORIES.— 
‘‘(A) IN GENERAL.—For purposes of re-
porting the information required under this 
subsection and compiling information for the 
net price calculator, the following income cat-
egories shall apply: 
‘‘(i) $0–35,000; 
‘‘(ii) $35,001–70,000; 
‘‘(iii) $70,001–105,000; 
‘‘(iv) $105,001–140,000; and 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(v) $140,000 and up. 
‘‘(B) ANNUAL
ADJUSTMENT.—The Sec-
retary shall make available to all institutions of 
higher education participating in an aid pro-
gram under title IV of this Act, on an annual 
basis, the annual inflation adjustment for the 
income categories set forth in subparagraph 
(A). 
‘‘(C) IMPRACTICABLE REPORTING EXEMP-
TION.—An institution that is required by this 
subsection to report any information pertaining 
to institutional aid by income category is not 
required to report such information to the ex-
tent that reporting such information by income 
category is impractical or impossible because in-
formation concerning income is not collected 
from the recipients of such institutional aid. 
‘‘(k) 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; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(B) to describe the income distribution 
and other socioeconomic characteristics of fed-
erally aided students; 
‘‘(C) to describe the combinations of aid 
from State, Federal, and private sources re-
ceived by students from all income groups; 
‘‘(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 deter-
mination by students of what institution to at-
tend; and 
‘‘(F) to describe how the increased costs of 
textbooks and other instructional materials af-
fects the costs of postsecondary education to 
students. 
‘‘(2) SURVEY
DESIGN.—The survey shall be 
representative of full-time and part-time, under-
graduate, graduate, professional, and current and 
former students in all types of institutions, and de-
signed and administered in consultation with the 
Congress and the postsecondary education commu-
nity. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(3) DISSEMINATION.—The Commissioner of 
Education Statistics shall disseminate the informa-
tion resulting from the survey in both printed and 
electronic form. 
‘‘(l) REGULATIONS.—The Secretary is authorized to 
issue such regulations as may be necessary to carry out 
the provisions of this section.’’. 
(b) SENSE OF CONGRESS REGARDING CONSUMER IN-
FORMATION ABOUT INSTITUTIONS
OF HIGHER EDU-
CATION.— 
(1) FINDINGS.—Congress finds that— 
(A) the diversity of the American higher 
education systems allows each student to find 
the right ‘‘fit’’ for his or her interests and tal-
ents; 
(B) while the variety of options available is 
one of the great strengths of our system of 
higher education, it can also be overwhelming 
when students and their families begin a college 
search; 
(C) there is a massive amount of informa-
tion available about institutions of higher edu-
cation, but it is often difficult to navigate or is 
scattered among several sources; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
(D) the data collected and available is 
comprehensive; however, there is a need to keep 
consumer needs in mind in packaging the infor-
mation that already exists and presenting the 
information in a simple, consumer-friendly for-
mat; 
(E) in particular, prospective students and 
their families want a succinct overview of com-
mon key information about institutions, with 
easy access to more in-depth institution-specific 
information about campus life and the complete 
college experience; and 
(F) a variety of efforts have been initiated 
by colleges and universities and others to pro-
vide web-based, consumer-friendly information 
geared to prospective students and their fami-
lies. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that institutions of higher education should 
participate in efforts to provide concise, easily acces-
sible, on-line consumer information to prospective 
students and families that is consistent across insti-
tutions while permitting opportunities for more in- 
depth exploration of specific institutions. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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 
section 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, stu-
dents, administrators, 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 text-
books and supplemental materials for students while 
protecting the academic freedom of faculty members 
to select high quality course materials for students; 
and 
‘‘(2) to encourage— 
‘‘(A) college textbook publishers and dis-
tributors to work with faculty to promote un-
derstanding of the cost to students of pur-
chasing faculty selected textbooks, including the 
disclosure of prices and bundling practices; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(B) college bookstores to work with fac-
ulty to review timelines and processes for order-
ing and stocking course materials, and to dis-
close costs to faculty and students in a timely 
manner; 
‘‘(C) institutions of higher education to im-
plement numerous options to address college 
textbook affordability; 
‘‘(D) institutions of higher education to 
work with student organizations to help stu-
dents 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 mate-
rials 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, 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
used for, or in conjunction with, a course in postsec-
ondary education at an institution of higher edu-
cation. 
‘‘(3) COURSE
SCHEDULE.—The term ‘course 
schedule’ means a listing of the courses or classes 
offered 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
combined with materials developed by a third party 
and that, by third-party contractual agreement, may 
not be offered by publishers separately from the col-
lege textbook with which the materials are combined. 
‘‘(7) PUBLISHER.—The term ‘publisher’ means 
a publisher of college textbooks or supplemental ma-
terials 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 
‘supplemental material’ means educational material 
developed 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 
textbook. 
‘‘(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 se-
lecting course materials at an institution of higher 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
education with information regarding a college text-
book or supplemental material, the publisher shall 
include, with any such information and in writing 
(which may include electronic communications), the 
following: 
‘‘(A) The price at which the publisher 
would make the college textbook or supple-
mental material 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 in the pre-
ceding 10 years, if any. 
‘‘(C) The substantial content revisions 
made between the current edition of the college 
textbook or supplemental material and the pre-
vious edition, if any. 
‘‘(D) Whether the college textbook or sup-
plemental material is available in any other for-
mat, including paperback and unbound, and the 
price at which the publisher would make the 
college textbook or supplemental material in the 
other format available to the bookstore on the 
campus of, or otherwise associated with, such 
institution of higher education. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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 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 text-
books. 
‘‘(d) PROVISION OF ISBN COLLEGE TEXTBOOK IN-
FORMATION 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 
required and recommended textbooks, related 
materials, and supplies for each course listed in 
the institution’s course schedule used for pre- 
registration and registration purposes; 
‘‘(B) if the International Standard Book 
Number is not available for the items listed in 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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 
practicable for a textbook, related material, or 
supply, then it should so indicate by placing the 
designation ‘To Be Determined’ in lieu of the 
information required under such subpara-
graphs. 
‘‘(2) WRITTEN
COURSE
SCHEDULES.—In the 
case of an institution of higher education that does 
not publish the institution’s course schedule for the 
subsequent academic period on the Internet, the in-
stitution of higher education shall include the infor-
mation required 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 print-
ing. 
‘‘(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— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(1) the institution’s course schedule for the 
subsequent academic period; and 
‘‘(2) for each course or class offered by the in-
stitution for the subsequent academic period— 
‘‘(A) the information required by sub-
section (d)(1) for each college textbook or sup-
plemental material required or recommended 
for such course or class; 
‘‘(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 au-
tonomy or academic freedom of instructors involved in the 
selection of college textbooks and classroom materials. 
‘‘(g) EFFECTIVE DATE.—This section shall be effec-
tive 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: 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘SEC. 135. DATABASE OF STUDENT INFORMATION PROHIB-
ITED. 
‘‘(a) PROHIBITION.—Except as described in sub-
section (b), nothing in this Act shall be construed to au-
thorize the Secretary to develop, implement, or maintain 
a Federal database of personally identifiable information 
on individuals receiving assistance under this Act, attend-
ing institutions receiving assistance under this Act, or oth-
erwise involved in any studies or other collections of data 
under this Act, including a student unit record system, 
an education 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 
contractor, as of the day before the date of enactment of 
the College Opportunity and Affordability Act of 2008. 
‘‘(c) STATE DATABASES.—Nothing in this Act shall 
prohibit a State or a consortium of States from devel-
oping, implementing, or maintaining State-developed data-
bases that track individuals over time, including student 
unit record systems that contain information related to en-
rollment, attendance, graduation and retention rates, stu-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
dent financial assistance, and graduate employment out-
comes.’’. 
SEC. 112. IN-STATE TUITION RATES FOR MEMBERS OF THE 
ARMED FORCES ON ACTIVE DUTY AND DE-
PENDENTS. 
Part C of title I (20 U.S.C. 1015) is further amended 
by adding after section 135 (as added by section 111 of 
this Act) the following new section: 
‘‘SEC. 136. IN-STATE TUITION RATES FOR MEMBERS OF THE 
ARMED FORCES ON ACTIVE DUTY AND DE-
PENDENTS. 
‘‘(a) REQUIREMENT.—A member of the armed forces 
on active duty for a period of more than 30 days whose 
domicile or permanent duty station is in a State, and the 
dependents of such a member, may not be charged tuition 
for attendance at a public institution of higher education 
in that State at a rate that is greater than the rate 
charged for residents of that State. 
‘‘(b) CONTINUATION.—If a member of the armed 
forces, or a dependent of a member, pays tuition at a pub-
lic institution of higher education in a State at a rate de-
termined by reason of subsection (a), the provisions of 
subsection (a) shall continue to apply to such member or 
dependent while continuously enrolled at that institution, 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
notwithstanding a subsequent change in the permanent 
duty station of the member to a location outside the State. 
‘‘(c) EFFECTIVE DATE.—This section shall take ef-
fect at each public institution of higher education in a 
State at the beginning of the first period of enrollment 
at that institution that begins more than 90 days after 
the date of enactment of the Military Child College Afford-
ability Act. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) STATE.—The term ‘State’ has the mean-
ing given that term in section 103 of this Act. 
‘‘(2) 
MILITARY
DEFINITIONS.—The 
terms 
‘armed forces’ and ‘active duty for a period of more 
than 30 days’ have the meanings given those terms 
in section 101 of title 10, United States Code.’’. 
SEC. 113. ENDOWMENT REPORTING. 
Part C of title I (20 U.S.C. 1015) is further amended 
by adding after section 135 (as added by section 111 of 
this Act) the following new section: 
‘‘SEC. 137. ENDOWMENT REPORTING. 
‘‘Each institution of higher education shall annually 
submit to the Secretary, in a form prescribed by the Sec-
retary, a report on the expenditures made by such institu-
tion from any endowment funds of the institution for the 
purpose of reducing the costs of the programs of instruc-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
tion offered by such institution, including the specific 
amounts expended for grants and other aid to reduce the 
amounts charged for tuition, fees, textbooks, meals, room 
and board.’’. 
SEC. 114. STATE HIGHER EDUCATION INFORMATION SYS-
TEM PILOT PROGRAM. 
Part C of title I (20 U.S.C. 1015) is further amended 
by adding after section 135 (as added by section 111 of 
this Act) the following new section: 
‘‘SEC. 138. STATE HIGHER EDUCATION INFORMATION SYS-
TEM PILOT PROGRAM. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
carry out a pilot program to assist not more than 5 States 
to develop State-level postsecondary student data systems 
to— 
‘‘(1) improve the capacity of States and institu-
tions of higher education to generate more com-
prehensive and comparable data, in order to develop 
better-informed educational policy at the State level 
and to evaluate the effectiveness of institutional per-
formance while protecting the confidentiality of stu-
dents’ personally identifiable information; and 
‘‘(2) identify how to best minimize the data-re-
porting burden placed on institutions of higher edu-
cation, particularly smaller institutions, and to maxi-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
mize and improve the information institutions re-
ceive from the data systems, in order to assist insti-
tutions in improving educational practice and post-
secondary outcomes. 
‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘eligible entity’ means— 
‘‘(1) a State higher education system; or 
‘‘(2) a consortium of State higher education 
systems, or a consortium of individual institutions of 
higher education, that is broadly representative of 
institutions in different sectors and geographic loca-
tions. 
‘‘(c) COMPETITIVE GRANTS.— 
‘‘(1) GRANTS
AUTHORIZED.—The Secretary 
shall award grants, on a competitive basis, to not 
more than 5 eligible entities to enable the eligible en-
tities to— 
‘‘(A) design, test, and implement postsec-
ondary student data systems that provide the 
maximum benefits to States, institutions of 
higher education, and State policymakers; and 
‘‘(B) examine the costs and burdens in-
volved in implementing a State-level postsec-
ondary student data system. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(2) DURATION.—A grant awarded under this 
section shall be for a period of not more than 3 
years. 
‘‘(d) APPLICATION REQUIREMENTS.—An eligible en-
tity desiring a grant under this section shall submit an 
application to the Secretary at such time, in such manner, 
and containing such information as the Secretary deter-
mines is necessary, including a description of— 
‘‘(1) how the eligible entity will ensure that stu-
dent privacy is protected and that individually iden-
tifiable information about students, the students’ 
achievements, and the students’ families remains 
confidential in accordance with the Family Edu-
cational Rights and Privacy Act of 1974 (20 U.S.C. 
1232g); and 
‘‘(2) how the activities funded by the grant will 
be supported after the 3-year grant period. 
‘‘(e) USE OF FUNDS.—A grant awarded under this 
section shall be used to— 
‘‘(1) design, develop, and implement the compo-
nents of a comprehensive postsecondary student 
data system with the capacity to transmit student 
information within States; 
‘‘(2) improve the capacity of institutions of 
higher education to analyze and use student data; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(3) select and define common data elements, 
data quality, and other elements that will enable the 
data system to— 
‘‘(A) serve the needs of institutions of 
higher education for institutional research and 
improvement; 
‘‘(B) provide students and the students’ 
families with useful information for decision- 
making about postsecondary education; 
‘‘(C) provide State policymakers with im-
proved information to monitor and guide efforts 
to improve student outcomes and success in 
higher education; 
‘‘(4) estimate costs and burdens at the institu-
tional level for reporting to the postsecondary stu-
dent data system; and 
‘‘(5) test the feasibility of protocols and stand-
ards for maintaining data privacy and data access. 
‘‘(f) EVALUATION; REPORTS.—Not later than 6 
months after the end of the projects funded by grants 
awarded under this section, the Secretary shall— 
‘‘(1) conduct a comprehensive evaluation of the 
pilot program authorized by this section; and 
‘‘(2) report the Secretary’s findings, as well as 
recommendations regarding the implementation of 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
State-level postsecondary student data systems to 
the authorizing committees. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal year 2009 and 
each of the 4 succeeding fiscal years.’’. 
SEC. 115. 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: 
‘‘(1) COVERED INSTITUTION.—The term ‘cov-
ered institution’— 
‘‘(A) means any educational institution 
that— 
‘‘(i) offers a postsecondary edu-
cational degree, certificate, or program of 
study (including any institution of higher 
education, as such term is defined in sec-
tion 102); and 
‘‘(ii) receives any Federal funding or 
assistance; and 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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 guaran-
teed under title IV; or 
‘‘(B) a private educational loan (as defined 
in paragraph (6)). 
‘‘(3) PREFERRED
LENDER
ARRANGEMENT.— 
The term ‘preferred lender arrangement’— 
‘‘(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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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 secured by a dwelling or under an 
open end credit plan; and 
‘‘(ii) includes an agent of a lender. 
‘‘(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 
Lending Act (15 U.S.C. 1602). 
‘‘(5) OFFICER.—The term ‘officer’ includes a 
director or trustee of a covered institution, if such 
individual is treated as an employee of the covered 
institution. 
‘‘(6) PRIVATE EDUCATIONAL LOAN.—The term 
‘private educational loan’ means a private loan pro-
vided by a lender that— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(A) is not made, insured, or guaranteed 
under title IV; and 
‘‘(B) is issued by a lender expressly for 
postsecondary educational expenses to a stu-
dent, or the parent of the student, regardless of 
whether the loan involves enrollment certifi-
cation 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. 
‘‘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 
lender under part B of title IV that participates in one 
or more preferred lender arrangements shall annually cer-
tify its compliance with the requirements of this Act. Such 
compliance 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). 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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, em-
blem, mascot, or logo of the institution, or other 
words, pictures, or symbols readily identified with 
the institution, in the marketing of private edu-
cational loans to the students attending the institu-
tion in any way that implies that the institution en-
dorses the private educational loans offered by the 
lender. 
‘‘(2) APPLICABILITY.—Paragraph (1) shall 
apply to any preferred lender arrangement, or exten-
sion of such arrangement, entered into or renewed 
after the date of enactment of the College Oppor-
tunity and Affordability Act of 2008. 
‘‘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 
College Opportunity and Affordability Act of 2008, 
the Secretary shall— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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, represent-
atives of covered institutions (including finan-
cial aid administrators, 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; 
‘‘(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 
educational loans; 
‘‘(iv) is based on the report’s findings 
and developed in consultation with— 
‘‘(I) students; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(II) representatives of covered 
institutions, including financial aid 
administrators, registrars, business of-
ficers, and student affairs officials; 
‘‘(III) lenders; 
‘‘(IV) loan servicers; 
‘‘(V) guaranty agencies; and 
‘‘(VI) with respect to the require-
ments of clause (vi) concerning pri-
vate educational loans, the Board of 
Governors of the Federal Reserve Sys-
tem; 
‘‘(v) provides information on the ap-
plicable interest rates and other terms and 
conditions of the educational loans pro-
vided by a lender to students attending the 
institution, or the parents of such stu-
dents, disaggregated by each type of edu-
cational loan (including opportunity pools 
as defined in section 155(f)) provided to 
such students or parents by the lender, in-
cluding— 
‘‘(I) the rate of interest, or the 
potential range of rates of interest, 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
applicable 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 there-
of; 
‘‘(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 repay-
ment of the loan, including whether 
the loan payments can be deferred if 
the student is in school; 
‘‘(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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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 cal-
culated— 
‘‘(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 
borrower of defaulting on a loan, in-
cluding any limitations on the dis-
charge of an educational loan in bank-
ruptcy; 
‘‘(XI) contact information for the 
lender; and 
‘‘(XII) any philanthropic con-
tributions made by the lender to the 
covered institution, including the pur-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
pose of the contribution and any con-
ditions 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. 
‘‘(2) MODEL FORM UPDATE.—Not later than 1 
year after the submission of the report and model 
disclosure form described in paragraph (1)(B), the 
Secretary shall— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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 Sys-
tem— 
‘‘(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 con-
sideration; and 
‘‘(C)(i) submit the list of improvements 
and updated model disclosure form to the au-
thorizing committees; and 
‘‘(ii) make the updated model disclosure 
form available to covered institutions, lenders, 
and the public. 
‘‘(3) USE OF FORM.—The Secretary shall take 
such steps as necessary to make the model disclo-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
sure form, and the updated model disclosure form, 
available to covered institutions and to encourage— 
‘‘(A) lenders subject to subsection (b) to 
use the model disclosure form or updated model 
disclosure form (if available) in providing the 
information required under subsection (b); and 
‘‘(B) covered institutions to use such for-
mat 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 March 1 of each year, or such other date determined 
by the Secretary, 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. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(c) COVERED INSTITUTION REPORTS.—Each cov-
ered institution shall— 
‘‘(1) prepare and submit to the Secretary an 
annual report, by a date determined by the Sec-
retary, that includes, for each lender that has a pre-
ferred lender arrangement with the covered institu-
tion and that has submitted to the institution the in-
formation required under subsection (b)— 
‘‘(A) the information included on the 
model disclosure form or updated model disclo-
sure form (if available) for each type of edu-
cational loan provided by the lender to students 
attending the covered institution, or the parents 
of such students; and 
‘‘(B) a detailed explanation of why the cov-
ered institution believes the terms and condi-
tions of each type of educational loan provided 
pursuant 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 
paragraph (1) is made available to the public and 
provided to students attending or planning to attend 
the covered institution, and the parents of such stu-
dents, in time for the student or parent to take such 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
information into account before applying for or se-
lecting 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 lim-
ited to or required to use the lenders the insti-
tution recommends; and 
‘‘(B) the institution is required to process 
the documents required to obtain a Federal 
educational 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-un-
derstand format; and 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(4) the institution’s cost of attendance (as de-
termined under section 472). 
‘‘(e) INFORMATIONAL MATERIALS.—The informa-
tional materials described in this subsection are publica-
tions, mailings, or electronic messages or media distrib-
uted to prospective or current students and parents of stu-
dents that describe or discuss the financial aid opportuni-
ties available to students at an institution of higher edu-
cation. 
‘‘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 
private educational loan from a lender shall, prior to or 
concurrent 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(2) ensure that information regarding such 
private educational loan is presented in such a man-
ner 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 
student loan programs under title IV or has stu-
dents 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(B) at a minimum, include provisions in 
compliance with the provisions of the following 
subsections of this section. 
‘‘(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 In-
spector General of the Department of Education 
shall investigate any reported violation of this sub-
section and shall annually submit a report to the au-
thorizing committees identifying all substantiated 
violations of the gift ban under paragraph (1), in-
cluding the lenders and covered institutions involved 
in each such violation, for the preceding year. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(3) DEFINITION OF GIFT.— 
‘‘(A) IN GENERAL.—In this subsection, the 
term ‘gift’ means any gratuity, favor, discount, 
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 material, activities, or 
programs on issues related to a loan, de-
fault aversion, default prevention, or finan-
cial literacy, such as a brochure, a work-
shop, or training. 
‘‘(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 
lender, guarantor, or servicer of edu-
cational loans to the covered institution, if 
such training contributes to the profes-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
sional development 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-
ered institution if such terms, conditions, 
or benefits are comparable to those pro-
vided to all students of the institution. 
‘‘(iv) Entrance and exit counseling 
services provided to borrowers to meet a 
covered institution’s responsibilities for en-
trance and exit counseling as required by 
section 485(b) provided that— 
‘‘(I) a covered institution’s staff 
are in control of the counseling 
(whether in person or via electronic 
capabilities); 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 contribu-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
tions are disclosed pursuant to section 
153(a)(1) and section 153(a)(2). 
‘‘(vi) State education grants, scholar-
ships, or financial aid funds administered 
by or on behalf of a State. 
‘‘(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 individual based on that individual’s rela-
tionship with the officer, employee, or agent, 
shall be considered a gift to the officer, em-
ployee, 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 be-
cause of the official position of the officer, 
employee, 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
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 opportunity to purchase stock) as compensation 
for any type of consulting arrangement or other con-
tract to provide services to a lender or on behalf of 
a lender. 
‘‘(2) EXCEPTIONS.—Nothing in this subsection 
shall be construed as prohibiting— 
‘‘(A) an officer, employee, or agent of a 
covered institution who is not employed in the 
institution’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 
covered institution who is not employed in the 
financial 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 edu-
cational loans, provided that the covered insti-
tution has a written conflict of interest policy 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(2) DEFINITION.—For purposes of this sub-
section, a revenue sharing arrangement is an ar-
rangement between a covered institution and a lend-
er under which— 
‘‘(A) a lender provides or issues edu-
cational loans to students attending the institu-
tion or to parents of such students; and 
‘‘(B)(i) the institution recommends the 
lender or the loan products of the lender; and 
‘‘(ii) in exchange, the lender pays a fee or 
provides other material benefits, including rev-
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 
assistance from a lender related to— 
‘‘(A) professional development training for 
financial aid administrators; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
HR 4137 RFS
‘‘(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 
financial aid-related functions during emer-
gencies, including State-declared or federally 
declared natural disasters, federally declared 
national disasters, and other localized disasters 
and emergencies identified by the Secretary. 
‘‘(f) PROHIBITION ON OFFERS OF FUNDS FOR PRI-
VATE 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 
promises to the lender with respect to such institu-
tion providing the lender with a specified number of 
loans, a specified loan volume, or a preferred lender 
arrangement for any loan made, insured, or guaran-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
100 
HR 4137 RFS
teed 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 cov-
ered institution or the parent of such a student that 
is in any manner guaranteed by a covered institu-
tion, or that involves a payment, directly or indi-
rectly, by such an institution of points, premiums, 
payments, additional interest, or other financial sup-
port to such lender for the purpose of such lender 
extending credit to either the students or the par-
ents 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 advi-
sory councils of lenders or affiliates of lenders. Nothing 
in this subsection shall prohibit lenders from seeking ad-
vice from covered institutions or groups of covered institu-
tions (including through telephonic or electronic means, 
or a meeting) in order to improve products and services 
for borrowers, provided there are no gifts or compensation 
(including for transportation, lodging, or related expenses) 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
101 
HR 4137 RFS
provided 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 institu-
tion 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.— 
Notwithstanding any other provision of law, a covered in-
stitution or lender shall comply with this part as a condi-
tion of receiving Federal funds or assistance provided after 
the date of enactment of the College Opportunity and Af-
fordability Act of 2008. 
‘‘(b) PENALTIES.—Notwithstanding any other provi-
sion of law, if the Secretary determines, after providing 
notice and an opportunity for a hearing for a covered insti-
tution 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 $27,500; and 
‘‘(2) in the case of a lender that does partici-
pate in a program under title IV, the Secretary may 
impose a civil penalty in an amount of not more 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
102 
HR 4137 RFS
than $27,500, or 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 
Secretary shall take into consideration the nature and se-
verity 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 borrower first selected either a graduated, ex-
tended, income sensitive, or income contingent re-
payment plan to ascertain if the borrower is able to 
select a repayment 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 ex-
tended, graduated, income contingent, or alternative 
repayment plan to ascertain if the borrower is able 
to select a repayment plan for a shorter repayment 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
103 
HR 4137 RFS
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 Secretary with respect to each loan under part 
D or E of such title, shall provide to the borrower 
before repayment begins an explanation of principal 
to be borrowed, current balance, interest already 
paid, and interest due over the life of the loan, op-
tions by which borrowers may avoid or be removed 
from default, relevant fees associated with these op-
tions, and repayment options available to the bor-
rower entering repayment, including income contin-
gent repayment and income-based repayment. 
‘‘(2) DISCLOSURES
DURING
REPAYMENT.— 
Each lender of a loan under part B of title IV, and 
the Secretary with respect to each loan under part 
D or E of such title, shall provide to the borrower 
during repayment an explanation of principal 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, 
relevant fees associated with these options, and re-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
105 
HR 4137 RFS
‘‘(B) sample monthly repayment amounts 
based on a range of student levels of indebted-
ness and on the average indebtedness of Staf-
ford loan borrowers at the same school or in the 
same program 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; 
‘‘(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 elec-
tronic means, the institution of higher education 
shall take reasonable steps to ensure that each stu-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
106 
HR 4137 RFS
dent borrower receives the counseling materials, and 
participates in and completes the initial counseling. 
‘‘(d) DEPARTMENT
OF EDUCATION INFORMATION 
DISCLOSURE 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 capital-
ization of interest on unsubsidized loans. 
‘‘(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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
107 
HR 4137 RFS
lenders, and promote the use of such information by 
prospective students, enrolled students, and bor-
rowers after entering repayment.’’. 
SEC. 116. 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 
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 adver-
tised rates or benefits. 
(3) A mechanism whereby borrowers and stu-
dent financial aid officials could publicly post or oth-
erwise make available for users accessing the system 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
108 
HR 4137 RFS
their comments, opinions, or ratings concerning their 
experience as to the quality of lenders’ loan products 
and loan servicing and other measurements or indi-
cators of customer satisfaction. 
(4) A mechanism whereby prospective bor-
rowers could be matched with lenders that offer 
highly competitive products and loan servicing qual-
ity, including any procedures and safeguards nec-
essary to minimize potentially adverse effects of mul-
tiple inquiries into participating borrowers’ credit 
histories recorded by credit reporting agencies. 
(5) Options concerning the establishment and 
ongoing maintenance of such a system, including 
whether such a system should be operated by one or 
more nonprofit or for-profit entities, how these enti-
ties should structure or organize such a system in 
order to provide the highest assurance of independ-
ence from, and the absence of any conflicting inter-
est with, lenders participating in such a system, and 
methods to finance such a system at no or minimal 
cost to consumers and the Government. 
(6) Other features that the Secretary deter-
mines could help prospective borrowers make in-
formed decisions in selecting lenders from whom to 
obtain Federal and private educational loans. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
109 
HR 4137 RFS
(b) CONSULTATION.—In conducting the study re-
quired 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 
member of the Financial Literacy and Education 
Commission established under the Financial Lit-
eracy 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 Edu-
cation shall submit a report to the authorizing committees 
(as defined in section 103 of such Act) concerning the 
findings of the feasibility study together with an assess-
ment of the advantages and disadvantages for consumers, 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
110 
HR 4137 RFS
institutions of higher education, lenders, and the Govern-
ment 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 
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
FAMI-
LIES.—The term ‘children from low-income families’ 
means children as described in section 1124(c)(1)(A) 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
111 
HR 4137 RFS
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 Sec-
ondary Education 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.), and 
includes Migrant and Seasonal Head Start and 
American Indian/Alaska Native Head Start; 
‘‘(B) a State licensed or regulated child 
care program or school; or 
‘‘(C) a State prekindergarten program (in-
cluding a program authorized under section 619 
or part C of the Individuals with Disabilities 
Education Act) that serves children from birth 
through kindergarten and that addresses the 
children’s cognitive (including language, early 
literacy, and pre-numeracy), social, emotional, 
and physical development. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
112 
HR 4137 RFS
‘‘(5) 
EARLY
CHILDHOOD
EDUCATOR.—The 
term ‘early childhood educator’ means an individual 
with primary responsibility for the education of chil-
dren 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 Secondary Education Act of 1965. 
‘‘(7) ESSENTIAL COMPONENTS OF READING IN-
STRUCTION.—The term ‘essential components of 
reading instruction’ has the meaning given such 
term in section 1208 of the Elementary and Sec-
ondary Education 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
EDU-
CATION PROGRAM.—The term ‘high-need early child-
hood education program’ means an early childhood 
education program serving children from low-income 
families that is located within the geographic area 
served by a high-need local educational agency. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
113 
HR 4137 RFS
‘‘(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 chil-
dren from low-income families; 
‘‘(ii) that serves not fewer than 10,000 
children 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 deter-
mined by the Secretary; and 
‘‘(B)(i) for which there is a high percent-
age of teachers not teaching in the academic 
subject areas or grade levels in which the teach-
ers were trained to teach; or 
‘‘(ii) for which there is a high teacher 
turnover rate or a high percentage of teachers 
with emergency, provisional, or temporary cer-
tification or licensure. 
‘‘(11) HIGH-NEED
SCHOOL.—Notwithstanding 
section 103, the term ‘high-need school’ means a 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
114 
HR 4137 RFS
public 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 percent-
age 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: 
Remote, as determined by the Secretary. 
‘‘(12) HIGHLY COMPETENT.—The term ‘highly 
competent’, when used with respect to an early 
childhood 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 
the relevant areas associated with quality early 
childhood education. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
115 
HR 4137 RFS
‘‘(13) HIGHLY QUALIFIED.—The term ‘highly 
qualified’ has the meaning given such term in sec-
tion 9101 of the Elementary and Secondary Edu-
cation Act of 1965 and, with respect to special edu-
cation teachers, in section 602 of the Individuals 
with Disabilities 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; 
‘‘(ii) with respect to the areas of read-
ing and writing, to collaborate with para-
professionals, teachers, principals, and 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
116 
HR 4137 RFS
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 
teachers, 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 
involved. 
‘‘(16) 
PROFESSIONAL
DEVELOPMENT.—The 
term ‘professional development’ has the meaning 
given the term in section 9101 of the Elementary 
and Secondary Education Act of 1965. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
117 
HR 4137 RFS
‘‘(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, achieve-
ment, and the ability to apply knowledge; 
‘‘(B) effectively convey and explain aca-
demic subject matter; 
‘‘(C) employ strategies grounded in the 
disciplines 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 
‘‘(iii) focus on the identification of 
students’ specific learning needs, particu-
larly students with disabilities, students 
who are limited English proficient, stu-
dents who are gifted and talented, and stu-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
118 
HR 4137 RFS
dents with low literacy levels, and the tai-
loring of academic instruction to such 
needs; 
‘‘(D) conduct an ongoing assessment of 
student learning, which may include the use of 
formative assessments, performance-based as-
sessments, project-based assessments, or port-
folio assessments, that measure higher-order 
thinking skills, including application, analysis, 
synthesis, and evaluation; 
‘‘(E) effectively manage a classroom, in-
cluding the ability to implement positive behav-
ioral 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. 
‘‘SEC. 200A. RULE OF CONSTRUCTION. 
‘‘Nothing in this title shall be construed to alter or 
otherwise affect the rights, remedies, and procedures af-
forded to the employees of local educational agencies 
under Federal, State, or local laws (including applicable 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
119 
HR 4137 RFS
regulations or court orders) or under the terms of collec-
tive bargaining agreements, memoranda of understanding, 
or other agreements between such employees and their em-
ployers, including the right of employees of local edu-
cational 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 de-
velopment activities; 
‘‘(3) hold teacher preparation programs at in-
stitutions of higher education accountable for pre-
paring 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: 
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means an entity that— 
‘‘(A) shall include— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
120 
HR 4137 RFS
‘‘(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 
applicable, a high-need early childhood 
education program; 
‘‘(iii) a partner institution; 
‘‘(iv) a school, department, or pro-
gram of education within such partner in-
stitution or a teacher professional develop-
ment program within such partner institu-
tion; and 
‘‘(v) a school or department of arts 
and sciences within such partner institu-
tion; 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. 
‘‘(vi) A public or private nonprofit 
educational organization. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
121 
HR 4137 RFS
‘‘(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 
certification of teachers. 
‘‘(2) INDUCTION PROGRAM.—The term ‘induc-
tion program’ means a formalized program for new 
teachers during not less than the teachers’ first 2 
years of teaching that is designed to provide support 
for, and improve the professional performance and 
advance the retention in the teaching field of, begin-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
123 
HR 4137 RFS
‘‘(ii) assist new teachers with the ef-
fective use and integration of technology in 
the classroom. 
‘‘(G) Interdisciplinary collaboration among 
exemplary teachers, faculty, researchers, and 
other staff who prepare new teachers with re-
spect to the learning process and the assess-
ment of learning. 
‘‘(H) Assistance with the understanding of 
data, particularly student achievement data, 
and the data’s applicability in classroom in-
struction. 
‘‘(I) Structured and formal observation of 
new teachers, and feedback for such teachers, 
at least 4 times each school year by multiple 
evaluators, including master teachers and the 
principal, using valid and reliable benchmarks 
of teaching skills and standards developed with 
input from teachers. 
‘‘(3) PARTNER INSTITUTION.—The term ‘part-
ner institution’ means an institution of higher edu-
cation, which may include a 2-year institution of 
higher education offering a dual program with a 4- 
year institution of higher education, participating in 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
124 
HR 4137 RFS
an eligible partnership that has a teacher prepara-
tion program— 
‘‘(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 pro-
spective 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; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
125 
HR 4137 RFS
‘‘(B) that requires— 
‘‘(i) each student in the program to 
meet and demonstrate high academic 
standards (including prior to entering and 
being accepted into a program) and par-
ticipate 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 
preparing to become an early childhood ed-
ucator to meet degree requirements, as es-
tablished by the State, and become highly 
competent; or 
‘‘(C) whose participants include current 
teachers who seek ongoing professional develop-
ment in the subject matter knowledge in which 
the teacher is assigned to teach; and 
‘‘(D) that requires the faculty of arts and 
sciences of the partner institution to lead col-
laborative seminars for such participants for 
the purpose of— 
‘‘(i) improving student learning; 
‘‘(ii) enhancing the quality of teaching 
and strengthening subject matter mastery 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
126 
HR 4137 RFS
and the pedagogical skills of current teach-
ers through continuing professional devel-
opment; and 
‘‘(iii) developing curriculum units, 
based on the subject matter presented, for 
use in the teachers’ classrooms. 
‘‘(4) TEACHER MENTORING.—The term ‘teach-
er mentoring’ means the mentoring of new or pro-
spective teachers through a new or established pro-
gram that— 
‘‘(A) includes clear criteria for the selec-
tion 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 manage-
ment; 
‘‘(C) provides regular and ongoing oppor-
tunities for mentors and mentees to observe 
each other’s teaching methods in classroom set-
tings during the day in a high-need school in 
the high-need local educational agency in the el-
igible partnership; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
127 
HR 4137 RFS
‘‘(D) provides paid release time for men-
tors; 
‘‘(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 
applicable— 
‘‘(i) teaching and learning; 
‘‘(ii) assessment of student learning; 
‘‘(iii) the development of teaching 
skills through the use of instructional and 
behavioral 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 men-
tor and mentee; and 
‘‘(ii) joint professional development 
opportunities. 
‘‘(5) TEACHING
RESIDENCY
PROGRAM.—The 
term ‘teaching residency program’ means a school- 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
128 
HR 4137 RFS
based teacher preparation program in which a pro-
spective teacher— 
‘‘(A) for 1 academic year, teaches along-
side 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 per-
sonnel or residency program faculty, in the 
teaching of the content area in which the teach-
er 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 part-
nerships, 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
129 
HR 4137 RFS
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 prepara-
tion, ongoing training, professional development, and 
retention, of general and special education teachers, 
principals, and, as applicable, early childhood edu-
cators; 
‘‘(2) a description of the extent to which the 
program 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 
classroom; 
‘‘(4) a description of how the partnership will 
coordinate strategies and activities assisted under 
the grant with other teacher preparation or profes-
sional development programs, including those funded 
under the Elementary and Secondary Education Act 
of 1965 and the Individuals with Disabilities Edu-
cation Act, and through the National Science Foun-
dation, and how the activities of the partnership will 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
130 
HR 4137 RFS
be consistent with State, local, and other education 
reform activities that promote student achievement; 
‘‘(5) a resource assessment that describes the 
resources available to the partnership, including— 
‘‘(A) the integration of funds from other 
sources; 
‘‘(B) the intended use of the grant funds; 
and 
‘‘(C) the commitment of the resources of 
the partnership, including financial support, 
faculty participation, and time commitments, to 
the activities 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 
purposes 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 achieve-
ment; 
‘‘(C) the partnership’s evaluation plan 
under section 204(a); 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
131 
HR 4137 RFS
‘‘(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 Elemen-
tary and Secondary Education Act of 
1965, established by the State in which the 
partnership is located; 
‘‘(E) how the partnership will prepare gen-
eral education teachers to teach students with 
disabilities, including training related to partici-
pation as a member of individualized education 
program 
teams, 
as 
defined 
in 
section 
614(d)(1)(B) of the Individuals with Disabil-
ities 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
132 
HR 4137 RFS
schools served by the high-need local edu-
cational agency in the partnership to provide 
high-quality 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 teach-
ers and early childhood educators in schools 
and early childhood programs located in the ge-
ographic area served by the partnership to 
evaluate 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 prep-
aration program will design and implement an 
induction program to support all new teachers 
through not less than the first 2 years of teach-
ing in the further development of the new 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
133 
HR 4137 RFS
teachers’ 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 
education that are part of the induction pro-
gram have relevant and essential roles in the ef-
fective preparation of teachers, including con-
tent expertise 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; and 
‘‘(D) a description of how faculty involved 
in the induction program will be able to sub-
stantially participate in an early childhood edu-
cation program or an elementary or secondary 
school classroom setting, as applicable, includ-
ing 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-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
134 
HR 4137 RFS
laureate preparation of teachers under subsection (d), a 
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 
partnership that receives a grant to carry out an effective 
program for the pre-baccalaureate preparation of teachers 
shall carry out a program that includes all of the following: 
‘‘(1) REFORMS.— 
‘‘(A) 
IN
GENERAL.—Implementing 
re-
forms, described in subparagraph (B), within 
each teacher preparation program and, as appli-
cable, each preparation program for early child-
hood education programs, of the eligible part-
nership 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
135 
HR 4137 RFS
teachers who are qualified to teach 
Advanced Placement or International 
Baccalaureate courses); 
‘‘(II) such teachers and, as appli-
cable, early childhood educators, to 
understand empirically based practice 
and scientifically valid research re-
lated to teaching and learning and its 
applicability, and to use technology ef-
fectively, including the use of instruc-
tional techniques and strategies, con-
sistent with the principles of universal 
design for learning, and positive be-
havioral support strategies to improve 
student achievement; and 
‘‘(III) as applicable, early child-
hood educators to be highly com-
petent; and 
‘‘(ii) promoting strong teaching skills, 
including the ability to effectively teach 
higher-order analytical, evaluative, prob-
lem-solving, and communications skills, 
and, as applicable, techniques for early 
childhood educators to improve children’s 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
136 
HR 4137 RFS
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, 
evaluate, and assess how well all prospec-
tive 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 teach-
ers and, as applicable, early childhood edu-
cators— 
‘‘(I) can understand and imple-
ment research-based teaching prac-
tices 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
137 
HR 4137 RFS
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— 
‘‘(aa) 
meet 
the 
specific 
learning needs of all students, in-
cluding students with disabilities, 
students who are limited English 
proficient, students who are gift-
ed and talented, students with 
low literacy levels and, as appli-
cable, children in early childhood 
education programs; 
‘‘(bb) differentiate instruc-
tion for such students; and 
‘‘(cc) effectively teach high- 
order analytical, evaluative, prob-
lem solving and communications 
skills appropriate for the teach-
er’s content or specialty area; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
138 
HR 4137 RFS
‘‘(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 train-
ing 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 needed 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
139 
HR 4137 RFS
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 
Baccalaureate courses. 
‘‘(2) 
CLINICAL
EXPERIENCE
AND
INTER-
ACTION.—Developing and improving a sustained and 
high-quality pre-service clinical education program to 
further develop the teaching skills of all prospective 
teachers and, as applicable, early childhood edu-
cators, involved in the program. Such program shall 
do the following: 
‘‘(A) Incorporate year-long opportunities 
for enrichment activity or a combination of ac-
tivities, 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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
140 
HR 4137 RFS
(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 
program of teacher preparation; 
‘‘(ii) be tightly aligned with course work 
(and may be developed as a 5th year of a teach-
er preparation program); and 
‘‘(iii) where feasible, allow prospective 
teachers to learn to teach in the same school 
district in which the teachers will work, learn-
ing the instructional initiatives and curriculum 
of that district. 
‘‘(E) Provide support and training for 
those individuals participating in an activity for 
prospective teachers described in this paragraph 
or paragraph (1) or (3), and for those who 
serve as mentors for such teachers, based on 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
141 
HR 4137 RFS
each individual’s experience. Such support may 
include— 
‘‘(i) with respect to a prospective 
teacher or a mentor, release time for such 
individual’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, or incentive pay, based on their extra 
skills and responsibilities. 
‘‘(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
PARTICI-
PANTS
IN
EARLY
CHILDHOOD
EDUCATION
PRO-
GRAMS.—In the case of an eligible partnership fo-
cusing on early childhood educator preparation, im-
plementing initiatives that increase compensation for 
early childhood educators who attain associate or 
baccalaureate degrees in early childhood education. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
142 
HR 4137 RFS
‘‘(5) TEACHER RECRUITMENT.—Developing and 
implementing effective mechanisms (which may in-
clude alternative routes to State certification of 
teachers) to ensure that the eligible partnership is 
able to recruit qualified individuals to become highly 
qualified teachers through the activities of the eligi-
ble partnership, which may include an emphasis on 
recruiting 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-
struction of limited English proficient students; 
and 
‘‘(C) mid-career professionals from other 
occupations, former military personnel, and re-
cent college graduates with proven records of 
academic distinction. 
‘‘(6) LITERACY TRAINING.—Developing and im-
plementing a program to strengthen content knowl-
edge and teaching skills of elementary and secondary 
school teachers or literacy coaches that— 
‘‘(A) provides teacher training in reading 
instruction for elementary or secondary school 
teachers or literacy coaches who— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
143 
HR 4137 RFS
‘‘(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; 
‘‘(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 ac-
countability plan for activities conducted under 
this paragraph to measure the impact of such 
activities. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
144 
HR 4137 RFS
‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISH-
MENT OF TEACHING RESIDENCY PROGRAMS.— 
‘‘(1) IN GENERAL.—An eligible partnership re-
ceiving a grant to carry out an effective teaching 
residency program shall carry out a program that 
includes 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) Where feasible, attempt to place 
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 men-
tor 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; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
145 
HR 4137 RFS
‘‘(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 sub-
section shall be a program based upon models 
of successful teaching residencies that serves as 
a mechanism to prepare teachers for success in 
the high-need schools in the eligible partner-
ship, and shall be designed to include the fol-
lowing characteristics of successful programs: 
‘‘(i) The integration of pedagogy, 
classroom practice, and teacher mentoring. 
‘‘(ii) Engagement of teaching resi-
dents in rigorous graduate-level course 
work to earn a master’s degree while un-
dertaking a guided teaching apprentice-
ship. 
‘‘(iii) Experience and learning oppor-
tunities alongside a trained and experi-
enced mentor teacher— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
146 
HR 4137 RFS
‘‘(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 re-
sponsibilities as a teacher leader of 
the teaching residency program, as a 
mentor for residents, and as a teacher 
coach during the induction program 
for novice teachers, and for estab-
lishing, within the program, a learn-
ing community in which all individuals 
are expected to continually improve 
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 knowl-
edge. Evaluation of teacher effectiveness 
shall be based on, but is not required to in-
clude all of, the observations of such do-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
148 
HR 4137 RFS
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 commit-
ment by the agency to hire graduates from 
the teaching residency program. 
‘‘(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-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
149 
HR 4137 RFS
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 professional accomplishment; and 
‘‘(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 
eligible individuals to participate in the 
teaching residency program based on the 
following characteristics: 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
150 
HR 4137 RFS
‘‘(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 de-
termined by interviews or performance 
assessments, as specified by the eligi-
ble partnership. 
‘‘(C) STIPENDS; APPLICATIONS; AGREE-
MENTS; REPAYMENTS.— 
‘‘(i) STIPEND.—A teaching residency 
program under this paragraph shall pro-
vide a 1-year living stipend or salary to 
teaching residents during the 1-year teach-
ing residency program. The stipend or sal-
ary shall be provided for no longer than 1 
year. 
‘‘(ii) APPLICATIONS FOR STIPENDS.— 
Each teacher residency candidate desiring 
a stipend or salary during the period of 
residency shall submit an application to 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
151 
HR 4137 RFS
the eligible partnership at such time, and 
containing such information and assur-
ances, as the eligible partnership may re-
quire. 
‘‘(iii) AGREEMENTS TO SERVE.—Each 
application submitted under clause (ii) 
shall contain or be accompanied by an 
agreement that the applicant will— 
‘‘(I) serve as a full-time teacher 
for a total of not less than 3 academic 
years after successfully completing the 
teaching residency program; 
‘‘(II) teach in a high-need school 
served by the high-need local edu-
cational agency in the eligible partner-
ship; 
‘‘(III) teach in a field designated 
as high-need by the eligible partner-
ship; 
‘‘(IV) provide to the eligible part-
nership a certificate, from the chief 
administrative officer of the school at 
which the resident is employed, of the 
employment required in subclauses 
(I), (II), and (III), at the beginning 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
152 
HR 4137 RFS
of, and upon completion of, each year 
or partial year of service; 
‘‘(V) be a highly qualified teach-
er, as defined in section 9101 of the 
Elementary and Secondary Education 
Act of 1965, when the applicant be-
gins to fulfill the service obligation 
under this clause; and 
‘‘(VI) comply with the require-
ments set by the eligible partnership 
under clause (iv) if the applicant is 
unable or unwilling to complete the 
service obligation required by this 
clause. 
‘‘(iv) REPAYMENTS.— 
‘‘(I) IN
GENERAL.—An eligible 
partnership carrying out a teaching 
residency program under this sub-
section shall require a recipient of a 
stipend or salary under this subpara-
graph who does not complete the serv-
ice obligation required by clause (iii) 
to repay the stipend or salary to the 
eligible partnership, together with in-
terest thereon accruing from the date 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
153 
HR 4137 RFS
of the stipend or salary award, and in 
accordance with such other terms and 
conditions specified by the eligible 
partnership, as necessary. 
‘‘(II) OTHER TERMS AND CONDI-
TIONS.—Any other terms and condi-
tions specified by the eligible partner-
ship may include reasonable provi-
sions for deferral of a teaching resi-
dent’s service obligation required by 
clause (iii) on grounds of health, inca-
pacitation, inability to secure employ-
ment in a school served by the eligible 
partnership, or other extraordinary 
circumstances. 
‘‘(III) USE
OF
REPAYMENTS.— 
An eligible partnership shall use any 
repayment received under this clause 
to carry out additional activities that 
are consistent with the purposes of 
this subsection. 
‘‘(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 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
154 
HR 4137 RFS
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 ad-
ministrators (including students preparing to 
work in rural local educational agencies (as 
such term is defined in section 872 of this Act) 
who may perform multiple duties in addition to 
the role of administrator). 
‘‘(B) 
Promoting 
strong 
administrative 
skills and, as applicable, techniques for edu-
cation administrators to improve the school en-
vironment 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 sus-
tained and high-quality pre-service clinical edu-
cation program to further develop the leader-
ship skills of all prospective educational admin-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
155 
HR 4137 RFS
istrators involved in the program. Such pro-
gram 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 
partnership and identified by the eligi-
ble 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 
partnership and identified by the eligi-
ble 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. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
156 
HR 4137 RFS
‘‘(E) Creating an induction program for 
new administrators. 
‘‘(F) Developing and implementing effec-
tive mechanisms to ensure that the eligible 
partnership is able to recruit qualified individ-
uals to become educational administrators 
through the activities of the eligible partner-
ship, which may include an emphasis on recruit-
ing into the education administration profes-
sion— 
‘‘(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; 
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— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
157 
HR 4137 RFS
‘‘(A) be enrolled in or preparing to enroll 
in an institution of higher education, or a re-
cent graduate of an institution of higher edu-
cation, or a mid-career professional from out-
side 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 
partnership that receives a grant under this section 
shall engage in regular consultation throughout the 
development 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 eligi-
ble partnership, including the high-need local edu-
cational agency. Such communication shall continue 
throughout the implementation of the grant and the 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
158 
HR 4137 RFS
assessment 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 
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 
partnerships in other States or on a regional basis through 
Governors, State boards of education, State educational 
agencies, State agencies responsible for early childhood 
education, 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 ac-
tivities under this section. 
‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. 
‘‘(a) DURATION; NUMBER
OF
AWARDS; PAY-
MENTS.— 
‘‘(1) DURATION.—A grant awarded under this 
part shall be awarded for a period of 5 years. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
159 
HR 4137 RFS
‘‘(2) NUMBER OF AWARDS.—An eligible part-
nership may not receive more than 1 grant during 
a 5-year period. Nothing in this title shall be con-
strued to prohibit an individual member, that can 
demonstrate need, of an eligible partnership that re-
ceives a grant under this title from entering into an-
other eligible partnership consisting of new members 
and receiving a grant with such other eligible part-
nership before the 5-year period described in the 
preceding sentence applicable to the eligible partner-
ship with which the individual member has first 
partnered has expired. 
‘‘(3) PAYMENTS.—The Secretary shall make 
annual 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 ap-
plication, 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— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
160 
HR 4137 RFS
‘‘(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 enter-
ing such programs; and 
‘‘(B)(i) to applications from broad-based 
eligible 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 
receiving a grant under this part shall provide, from 
non-Federal sources, an amount equal to 100 per-
cent of the amount of the grant, which may be pro-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
161 
HR 4137 RFS
vided in cash or in-kind, to carry out the activities 
supported 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-
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 
eligible 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; 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
162 
HR 4137 RFS
‘‘(3) improvement in the pass rates and scaled 
scores for initial State certification or licensure of 
teachers; and 
‘‘(4)(A) the percentage of highly qualified 
teachers 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, mid-
dle, and high school levels; 
‘‘(F) as applicable, the percentage of early 
childhood education program classes in the geo-
graphic area served by the eligible partnership 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
163 
HR 4137 RFS
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, including technology con-
sistent with the principles of universal design for 
learning, and who use technology to collect, manage, 
and analyze data to improve teaching, learning, and 
decision making for the purpose of improving stu-
dent academic achievement. 
‘‘(b) INFORMATION.—An eligible partnership receiv-
ing a grant under this part shall ensure that teachers, 
principals, school superintendents, and faculty and leader-
ship at institutions of higher education located in the geo-
graphic areas served by the eligible partnership are pro-
vided information about the activities carried out with 
funds under this part, including through electronic means. 
‘‘(c) REVOCATION OF GRANT.—If the Secretary de-
termines 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 partnership to submit a revised application 
that identifies the steps the partnership will take to make 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
164 
HR 4137 RFS
substantial progress to meet the purposes, goals, objec-
tives, and measures, as appropriate, 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— 
‘‘(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 stu-
dents receiving Federal assistance under this Act 
shall report annually to the State and the general 
public, in a uniform and comprehensible manner 
that conforms with the definitions and methods es-
tablished by the Secretary, both for traditional 
teacher preparation programs and alternative routes 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
165 
HR 4137 RFS
to State certification or licensure programs, the fol-
lowing 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-
gram, and for those who have taken the assess-
ments and have completed the traditional teach-
er 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 stu-
dents who passed each such assessment; 
‘‘(iii) the percentage of students tak-
ing an assessment who enrolled in and 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
167 
HR 4137 RFS
tion’s program is so approved or accredited, 
and by whom. 
‘‘(D) 
DESIGNATION
AS
LOW-PER-
FORMING.—Whether the program has been des-
ignated as low-performing by the State under 
section 208(a). 
‘‘(E) USE
OF
TECHNOLOGY.—A descrip-
tion of the activities that prepare teachers to ef-
fectively integrate technology into curricula and 
instruction and effectively use technology to col-
lect, manage, and analyze data in order to im-
prove teaching, learning, and decision making 
for the purpose of increasing student academic 
achievement. 
‘‘(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 edu-
cation program teams, as defined in section 
614(d)(1)(B) of the Individuals with Disabil-
ities Education Act, and to effectively teach 
students with limited English proficiency. 
‘‘(2) REPORT.—Each eligible partnership re-
ceiving a grant under section 202 shall report annu-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
168 
HR 4137 RFS
ally on the progress of the eligible partnership to-
ward meeting the purposes of this part and the ob-
jectives 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 
education for failure to provide the information de-
scribed 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 certification or licensure assessment during 
an academic 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 es-
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
169 
HR 4137 RFS
tablished by the Secretary, a State report card on 
the quality of teacher preparation in the State, both 
for traditional teacher preparation programs and for 
alternative routes to State certification or licensure 
programs, which shall include not less than the fol-
lowing: 
‘‘(A) A description of the reliability and 
validity of the teacher certification and licen-
sure assessments, and any other certification 
and licensure 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 
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 
academic content standards required under sec-
tion 1111(b)(1) of the Elementary and Sec-
ondary Education Act of 1965 and State early 
learning standards for early childhood education 
programs. 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS
170 
HR 4137 RFS
‘‘(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 
assessment; 
‘‘(ii) the percentage of all such stu-
dents at all such institutions taking the as-
sessment who pass such assessment; and 
‘‘(iii) the percentage of students tak-
ing an assessment who enrolled in and 
completed the teacher preparation pro-
gram. 
‘‘(E) A description of alternative routes to 
teacher certification or licensure in the State 
(including 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 licen-
sure— 
VerDate Aug 31 2005 
06:50 Feb 26, 2008
Jkt 069200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H4137.RFS
H4137
smartinez on PRODPC61 with BILLS