I 
109TH CONGRESS 
1ST SESSION H. R. 3551 
To amend the Higher Education Act of 1965 by strengthening and expanding 
the Gaining Early Awareness and Readiness for Undergraduate Pro-
grams (GEAR UP) in order to facilitate the transition of low-income 
high school students into post-secondary education. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. FATTAH introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To amend the Higher Education Act of 1965 by strength-
ening and expanding the Gaining Early Awareness and 
Readiness for Undergraduate Programs (GEAR UP) in 
order to facilitate the transition of low-income high 
school students into post-secondary education. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘GEAR UP & GO Act’’. 
(b) REFERENCES.—Except as otherwise expressly 
provided, 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 consid-
ered to be made to a section or other provision of the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 
SEC. 2. CONTINUUM OF SERVICES. 
(a) AWARDS.—Section 404A(b)(2)(B) (20 U.S.C. 
1070a–21(b)(2)(B)) is amended by inserting after 
‘‘through the completion of secondary school’’ the fol-
lowing: ‘‘or through the first year of attendance at a post-
secondary education institution’’. 
(b) COHORT
APPROACH.—Section 404B(g)(1)(B) 
(20 U.S.C. 1070a–22(g)(1)(B)) is amended by inserting 
after ‘‘through the 12th grade’’ the following ‘‘or through 
the first year of attendance at a postsecondary education 
institution to students in the participating grade level’’. 
(c) SPECIAL RULE.—Section 404B(g) is further 
amended by adding at the end the following new para-
graph: 
‘‘(3) SPECIAL
RULE.—Notwithstanding para-
graph (1)(A), the Secretary shall allow eligible enti-
ties identified in section 404A(c) to provide services 
described in section 404D to students who have re-
ceived services under a previous grant award under 
this chapter but have not yet completed the 12th 
grade.’’.
(d) EARLY INTERVENTION.— 
(1) USES OF FUNDS.—Section 404D(b)(2) (20 
U.S.C. 1070a–24(b)(2)) is amended by inserting 
after ‘‘through grade 12’’ the following: ‘‘or through 
the first year of attendance at a postsecondary edu-
cation institution’’. 
(2) PRIORITY STUDENTS.—Section 404D(c) is 
amended by inserting after ‘‘through grade 12’’ the 
following ‘‘or through the first year of attendance at 
a postsecondary education institution’’. 
SEC. 3. CONTINUING ELIGIBILITY. 
Section 404A (20 U.S.C. 1070a–21) is amended by 
adding at the end the following new subsection: 
‘‘(d) CONTINUING ELIGIBILITY.—An eligible entity 
shall not cease to be an eligible entity upon the expiration 
of any grant under this chapter (including a continuation 
award). The Secretary shall require any such entity seek-
ing a new grant to demonstrate the effectiveness of the 
prior programs under this chapter in its plan submitted 
under section 404C.’’. 
SEC. 4. FINANCIAL EDUCATION AND COUNSELING. 
Section 404D (20 U.S.C. 1070a–24) is amended— 
(1) in subsection (a)(1)(B)(i), by inserting be-
fore the semicolon at the end the following: ‘‘, and
counseling and education regarding financial cost re-
quirements for college’’; and 
(2) in subsection (b)(2)(A)(ii), by striking ‘‘ca-
reer mentoring’’ inserting ‘‘career planning and 
mentoring, academic counseling, and financial lit-
eracy, education, or counseling pertaining to the 
process of going to college’’. 
SEC. 5. SCHOLARSHIP COMPONENT. 
Section 404E(b) (20 U.S.C. 1070a–25(b)(2)) is 
amended by striking the last sentence and inserting the 
following: ‘‘The minimum amount of scholarship under 
this section shall be not less than the minimum award for 
a Federal Pell Grant, as described in section 401(b)(5).’’. 
SEC. 6. DUAL/CONCURRENT ENROLLMENT. 
(a) AMENDMENT.—Chapter 2 of part A of title IV 
is amended— 
(1) by redesignating section 404G and 404H 
(20 U.S.C. 1070a–27) as sections 404H and 404I, 
respectively; and 
(2) by inserting after section 404F the fol-
lowing: 
‘‘SEC. 404G. DUAL/CONCURRENT ENROLLMENT. 
‘‘(a) PROGRAM AUTHORITY.—The Secretary is au-
thorized to carry out a program to be known as ‘GEAR 
UP & GO’, to provide growing opportunities for dual/con-
current enrollment, which shall be designed to provide low- 
income high school students participating in GEAR UP 
partnerships or State programs the opportunity to enroll 
in college courses while still enrolled in high school. In 
such program, students shall not be required to apply for 
admission to the institution of higher education in order 
to participate, but may receive college credit. 
‘‘(b) STUDENT ELIGIBILITY.—Except as provided in 
subsection (e)(2), a student shall be eligible for the pur-
pose of this section, if the student— 
‘‘(1) is enrolled in GEAR UP partnerships or 
State programs; 
‘‘(2) is enrolled in 10th, 11th, or 12th grade; 
and 
‘‘(3) has demonstrated academic readiness for 
college courses as determined by the applying entity. 
‘‘(c) PERMISSIBLE SERVICES.—An entity receiving 
funding under this section may provide services such as— 
‘‘(1) the offering of core non-remedial college 
courses as determined by the post secondary institu-
tion in which participating students— 
‘‘(A) receive instruction from a postsec-
ondary institution faculty member at the sec-
ondary site;
‘‘(B) take courses from a postsecondary in-
stitution faculty member on-site at the postsec-
ondary institution; 
‘‘(C) receive college level instruction from 
high school faculty who hold the same creden-
tials as postsecondary faculty or who meet 
qualifications and standards approved by the 
postsecondary institution; or 
‘‘(D) enroll in an early/middle college high 
school in which students may earn college credit 
through a coherent course of study leading to 
a postsecondary degree and high school diploma 
in an accelerated timeframe; 
‘‘(2) underwriting the per-credit costs of college 
courses; 
‘‘(3) assistance with the selection of core non- 
remedial college courses by students; 
‘‘(4) tutorial services pertaining to the core 
non-remedial college courses in which students are 
enrolled; and 
‘‘(5) purchasing books, supplies, and transpor-
tation. 
‘‘(d) REQUIREMENTS FOR APPROVAL OF APPLICA-
TIONS.—In approving applications for GEAR UP & GO
under this section for any fiscal year, the Secretary 
shall— 
‘‘(1) award funds under this program on an an-
nual basis and determine the average award; 
‘‘(2) take into consideration whether partici-
pating students in a dual/concurrent enrollment pro-
gram will receive college credit; 
‘‘(3) require an assurance that an entity apply-
ing for funding under this section meet the require-
ments of section 404A(c); and 
‘‘(4) not approve a plan unless such a plan— 
‘‘(A) details the criteria used for deter-
mining student academic readiness or qualifica-
tions for participation in the dual/concurrent 
enrollment program; and 
‘‘(B) specifies the methods by which funds 
will be spent for carrying out the program. 
‘‘(e) EARLY/MIDDLE COLLEGE HIGH SCHOOL.— 
‘‘(1) RESERVATION
FOR
GRANTS.—The Sec-
retary of Education shall reserve, at a maximum, 25 
percent of the funds appropriated under subsection 
(f) for any fiscal year for a program of grants to 
early/middle college high school. 
‘‘(2) ELIGIBLE
PROGRAMS.—For purposes of 
this subsection, an early/middle college high school is
a school that is designed to provide 9th through 
12th grade low-income and first-generation college 
students with a coherent course of study enabling 
them to earn simultaneously a high school diploma 
and college credit toward a postsecondary degree. 
‘‘(3) REQUIREMENTS.—Except as provided in 
paragraph (4), the programs provided funds under 
this subsection shall comply with the requirements of 
subsections (b), (c), and (d) of this section. 
‘‘(4) EXCEPTION.—Notwithstanding subsections 
(b)(1) and (d)(3)— 
‘‘(A) a student served in a program funded 
by a grant under this subsection is not required 
to be enrolled in a GEAR UP partnership or 
State program; and 
‘‘(B) an entity applying for funding under 
this subsection is not required to meet the re-
quirements of section 404A(c). 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to the sums authorized by section 404I, there are au-
thorized to be appropriated to carry out this section 
$50,000,000 for fiscal year 2005 and such sums necessary 
for each of the 5 succeeding years.’’.
(b) CONFORMING AMENDMENTS.—Chapter 2 of part 
A of title IV is further amended by striking ‘‘section 
404H’’ each place it appears and inserting ‘‘section 404I’’. 
SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSIST-
ANCE. 
Section 404H (20 U.S.C. 1070a–27), as redesignated 
by section 5(1) of this Act, is amended by adding at the 
end the following new subsection: 
‘‘(e) TECHNICAL ASSISTANCE.—In order to improve 
the impact of the activities assisted under this chapter, 
the Secretary shall, from not more than 0.75 percent of 
the funds appropriated under section 404I for a fiscal 
year, award one or more grants, contracts, or cooperative 
agreements to or with public and private institutions and 
organizations— 
‘‘(1) to enable the institutions and organiza-
tions to strengthen and promote the success of such 
activities and eligible entities; 
‘‘(2) to disseminate and replicate best practices 
of activities assisted and eligible entities; and 
‘‘(3) to provide technical assistance regarding 
activities and eligible entities assisted under this sec-
tion.’’.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
Section 404I (20 U.S.C. 1070a–28), as redesignated 
by section 5(1) of this Act, is amended to read as follows: 
‘‘SEC. 404I. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this chapter $400,000,000 for fiscal year 2006 and such 
sums as may be necessary for each of the 5 succeeding 
fiscal years.’’. 
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