I 
116TH CONGRESS 
1ST SESSION H. R. 3950 
To amend the Higher Education Act of 1965 to establish a grant program 
for the improvement of remedial education programs at institutions of 
higher education, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2019 
Mr. NORCROSS (for himself, Mr. MOULTON, Mr. KIM, Mr. COX of California, 
and Ms. CRAIG) introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To amend the Higher Education Act of 1965 to establish 
a grant program for the improvement of remedial edu-
cation programs at institutions of higher education, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Remedial Education 
Improvement Act’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to— 
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(1) improve remedial education and support 
students as they move throughout credit and non- 
credit bearing course work and complete postsec-
ondary education; 
(2) provide funding to improve remedial edu-
cation based on five models found to have success on 
a small scale; 
(3) through collection of data, reports, and eval-
uations, compare within and between models of re-
medial education and the impact of such models on 
postsecondary education completion; and 
(4) develop strategies to replicate successful 
models and improve the sustainability of remedial 
education programs. 
SEC. 3. REMEDIAL EDUCATION GRANTS. 
Part G of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1088 et seq.) is amended by inserting 
after section 486A the following: 
‘‘SEC. 486B. REMEDIAL EDUCATION GRANTS. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN
GENERAL.—From the funds appro-
priated under subsection (k) (and not reserved under 
subsection (c)(4)), the Secretary, in consultation 
with the Director of the Institute of Education 
Sciences, shall award grants, on a competitive basis, 
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to eligible entities to improve remedial education in 
higher education. 
‘‘(2) DURATION.—A grant under this section 
shall be awarded for a period of 5 years. 
‘‘(3) MINIMUM AWARDS.—The total amount of 
funds provided under each grant awarded under this 
section shall not be less than $500,000. 
‘‘(b) APPLICATION.—An eligible entity that desires to 
receive a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may 
require, which shall include the following: 
‘‘(1) A description of how the eligible entity will 
use the grant funds to develop or improve a remedial 
education program that includes evidence-based, ef-
fective strategies for providing instruction to ensure 
that students are prepared for courses at the post-
secondary level. 
‘‘(2) An assurance that the eligible entity will 
use more than two measures (such as a student’s 
college entrance examination score, grade point aver-
age, high school course list, or a placement examina-
tion) to identify students in need of remedial edu-
cation who may be eligible to participate in the re-
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medial education program developed or improved 
under the grant. 
‘‘(3) A description of how the eligible entity, in 
developing or improving such a program, will consult 
with stakeholders, including individuals with exper-
tise in remedial education, students enrolled in reme-
dial education, and faculty instructors for remedial 
education. 
‘‘(4) The eligible entity’s plan for sustaining the 
program after the grant period has ended. 
‘‘(5) The eligible entity’s plan for monitoring 
and evaluating the program, including how the eligi-
ble entity will use the data collected under sub-
section (h) to continually update and improve the 
program. 
‘‘(c) CONSULTATION AND INDEPENDENT EVALUA-
TION.— 
‘‘(1) IN GENERAL.—Before selecting eligible en-
tities to receive grants under this section for a fiscal 
year, the Secretary shall— 
‘‘(A) ensure that the consultation required 
under paragraph (3) is carried out; and 
‘‘(B) consider the results of the consulta-
tion in selecting eligible entities to receive such 
grants. 
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‘‘(ii) the outcomes of the remedial 
education programs within and among 
models of remedial education described in 
subsection (d). 
‘‘(4) RESERVATION.—The Secretary may re-
serve not more than 15 percent of the funds appro-
priated under subsection (k) for a fiscal year to 
carry out this subsection for such fiscal year. 
‘‘(d) USE OF FUNDS.—An eligible entity that receives 
a grant under this section shall use the grant to develop 
or improve a remedial education program through one or 
more of the following models: 
‘‘(1) ALIGNING COURSE WORK.—Working with 
a local educational agency or State educational agen-
cy that is part of the eligible entity to develop or im-
prove programs that provide alignment between high 
school coursework and postsecondary education, and 
that may include— 
‘‘(A) assessments in high school to meas-
ure student readiness for courses at the post-
secondary level; or 
‘‘(B) interventions in high school that im-
prove student competencies for courses at the 
postsecondary level. 
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‘‘(2) ACCELERATED
COURSE
WORK.—Rede-
signing or improving remedial education that— 
‘‘(A) allows students to enroll in more than 
one sequential remedial education course or 
training in a semester, or the equivalent; 
‘‘(B) condenses the time of the remedial 
education; or 
‘‘(C) provides shortened, intensive courses 
or training to improve competencies of students 
for courses at the postsecondary level. 
‘‘(3) MODULAR
INSTRUCTIONAL
METHODS.— 
Developing or improving remedial education that— 
‘‘(A) specifically targets the skills that stu-
dents need to move forward in courses at the 
postsecondary level; and 
‘‘(B) may be used to develop new assess-
ments, redesign courses to provide targeted skill 
instruction, or provide faculty professional de-
velopment. 
‘‘(4) CO-REQUISITE MODEL.—Developing or im-
proving remedial education programs that allow a 
student to enroll in remedial education (which may 
be provided through a modular instructional meth-
od) while also enrolled in a course at the postsec-
ondary level. 
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‘‘(5) SYSTEMIC REFORM TO IMPLEMENT COM-
PREHENSIVE, INTEGRATED SUPPORT PROGRAMS.— 
Implementing and improving comprehensive, inte-
grated, evidence-based support programs that— 
‘‘(A) enable students enrolled in remedial 
education to complete a course of study leading 
to a recognized educational credential within 
150 percent of the normal time for completion; 
and 
‘‘(B) may include financial supports, aca-
demic tutoring or support, and advising that 
enable students to find success in remedial edu-
cation and courses at the postsecondary level. 
‘‘(e) CONSIDERATIONS.—In awarding grants under 
this section, the Secretary, in consultation with the Direc-
tor, shall— 
‘‘(1) ensure— 
‘‘(A) a minimum of 30 eligible entities are 
awarded grants for each 5-year grant period; 
‘‘(B) an equitable geographic distribution 
of such grants, including an equitable distribu-
tion between urban and rural areas; and 
‘‘(C) that grants are used to develop or im-
prove remedial education programs— 
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‘‘(i) under each model described in 
subsection (d) to enable, to the extent 
practicable, statistical comparisons of the 
relative effectiveness of the models and the 
programs within each model; and 
‘‘(ii) for a range of types and sizes of 
institutions of higher education; and 
‘‘(2) give preference to eligible entities that pri-
marily serve low-income students. 
‘‘(f) FISCAL REQUIREMENTS.— 
‘‘(1) SUPPLEMENT
NOT
SUPPLANT.—A grant 
awarded under this section shall be used to supple-
ment, not supplant, funds that would otherwise be 
used to carry out the activities described in this sec-
tion. 
‘‘(2) MATCHING FUNDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an eligible entity that receives a 
grant under this section shall provide, from 
non-Federal sources, an amount equal to 10 
percent of the amount of the grant for the cost 
of activities assisted under the grant. 
‘‘(B) EXCEPTIONS.—The requirements of 
subparagraph (A) shall not apply to— 
‘‘(i) Tribal Colleges or Universities; or 
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‘‘(ii) institutions of higher education 
located in the Commonwealth of Puerto 
Rico, Guam, American Samoa, the United 
States Virgin Islands, the Commonwealth 
of the Northern Mariana Islands, the Re-
public of the Marshall Islands, the Fed-
erated States of Micronesia, or the Repub-
lic of Palau. 
‘‘(g) EXPERIMENTAL AUTHORITY.—Notwithstanding 
any other provision of this title, a student may be eligible 
to receive loans or grants under this title for up to 2 aca-
demic years for enrollment in a remedial education pro-
gram under this section. 
‘‘(h) DATA COLLECTION, REPORTS, EVALUATIONS, 
AND DISSEMINATION.— 
‘‘(1) INFORMATION.— 
‘‘(A) STUDENT-LEVEL DATA.—Each eligi-
ble entity that receives a grant under this sec-
tion shall provide to the Director and the Sec-
retary, on an annual basis for each year of the 
grant period and for 5 years after such grant 
period, the student-level data with respect to 
the students who are or were enrolled in a re-
medial education program funded with the 
grant. The Director and the Secretary shall 
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share such data with the independent evaluator 
to enable the evaluator, for each such year, to 
determine the information described in subpara-
graph (B) with respect to each such remedial 
education program. 
‘‘(B) AGGREGATE
STUDENT
DATA.—The 
independent evaluator shall determine, with re-
spect to each remedial education program for 
which an eligible entity provides student-level 
data under subparagraph (A), the following in-
formation: 
‘‘(i) The number of students who are 
or were enrolled in such remedial education 
program. 
‘‘(ii) The cost of such remedial edu-
cation program. 
‘‘(iii) The amount of grant or loan 
funds under this title awarded to students 
for enrollment in such remedial education 
program. 
‘‘(iv) The type of remedial education 
offered under the program. 
‘‘(v) The length of time students 
spend in such remedial education program, 
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‘‘(C) DISAGGREGATION.—The information 
determined under subparagraph (B) shall be 
disaggregated by race, gender, socioeconomic 
status, Federal Pell Grant eligibility status, sta-
tus as a first generation college student, vet-
eran or active duty status, and disability status. 
‘‘(2) EVALUATION
RESULTS.—Not later than 
six years after the first grant is awarded under this 
section, the Director, in consultation with the Sec-
retary and using the information determined under 
paragraph (1), shall submit to the authorizing com-
mittees and make available on a publicly accessible 
website, a report on the results of the multiyear, rig-
orous, and independent evaluation of the impact of 
the remedial education programs carried out by the 
independent evaluator. The report shall include the 
results of such evaluation with respect to— 
‘‘(A) the effectiveness of the remedial edu-
cation programs in increasing course and de-
gree completion at the postsecondary level; and 
‘‘(B) the outcomes of the remedial edu-
cation programs within and among models of 
remedial education described in subsection (d). 
‘‘(3) REPORTS AND DISSEMINATION.— 
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‘‘(A) INITIAL REPORT.—Not later than one 
year after the first grant is awarded under this 
section, the Secretary, in consultation with the 
independent evaluator, shall prepare and submit 
to the authorizing committees a report on each 
remedial education program funded under this 
section. 
‘‘(B) SUBSEQUENT
REPORT.—Not later 
than five years after the last grant is awarded 
under this section, the Secretary, in consulta-
tion with the independent evaluator, shall pre-
pare and submit to the authorizing committees 
a report that includes— 
‘‘(i) a review of the activities and pro-
gram performance of each remedial edu-
cation program funded under this section; 
and 
‘‘(ii) guidance and recommendations 
on how successful remedial education pro-
grams (as determined, at a minimum, by 
the number and percentage of remedial 
education students who later complete a 
course of study at an institution of higher 
education within 150 percent of the normal 
time for completion) can be replicated. 
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‘‘(C) PUBLIC AVAILABILITY.—The reports 
submitted under subparagraphs (A) and (B) 
shall be made available on a publicly accessible 
website of the Department of Education. 
‘‘(i) DATA PRIVACY.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person who obtains or has access to personally iden-
tifiable information in connection with this section to 
willfully disclose to any person (except as authorized 
in this Act or any Federal law) such personally iden-
tifiable information. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined not more than $5,000, im-
prisoned for not more than 5 years, or both, to-
gether with the costs of prosecution. 
‘‘(3) EMPLOYEE OR OFFICER OF THE UNITED 
STATES.—If a violation of paragraph (1) is com-
mitted by any officer or employee of the United 
States, the officer or employee shall be dismissed 
from office or discharged from employment upon 
conviction for the violation. 
‘‘(4) SALE OF DATA PROHIBITED.—Data col-
lected under this section shall not be sold to any 
third party by the Director, any postsecondary insti-
tution, or any other entity. 
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‘‘(5) LIMITATION ON USE BY OTHER FEDERAL 
AGENCIES.—The Director shall not allow any other 
Federal agency to use data collected under this sec-
tion for any purpose except as explicitly authorized 
by this Act. 
‘‘(6) LAW ENFORCEMENT.—Personally identifi-
able information collected under this section shall 
not be used for any law enforcement activity or any 
other activity that would result in adverse action 
against any student, including debt collection activ-
ity or enforcement of the immigration laws. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Institute of Education Sciences. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) an institution of higher education; or 
‘‘(B) a partnership between an institution 
of higher education and at least 1 of the fol-
lowing: 
‘‘(i) A local educational agency. 
‘‘(ii) A State educational agency. 
‘‘(3) FIRST GENERATION COLLEGE STUDENT.— 
The term ‘first generation college student’ has the 
meaning given that term in section 402A(h). 
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‘‘(4) INDEPENDENT
EVALUATOR.—The term 
‘independent evaluator’ means the independent eval-
uator with which the Secretary enters into a con-
tract under subsection (c)(2). 
‘‘(5) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given that term in section 101. 
‘‘(6) REMEDIAL EDUCATION.—The term ‘reme-
dial education’— 
‘‘(A) means education (such as courses or 
training) offered at an institution of higher 
education that— 
‘‘(i) is below the postsecondary level; 
and 
‘‘(ii) is determined by the institution 
to be necessary to help students be pre-
pared for the pursuit of a first under-
graduate baccalaureate degree, associate’s 
degree, or certificate or, in the case of 
courses in English language instruction, to 
be necessary to enable the student to uti-
lize already existing knowledge, training, or 
skills; and 
‘‘(B) includes developmental education that 
meets the requirements of subparagraph (A). 
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‘‘(7) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
given that term in section 316(b). 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$162,500,000 for fiscal year 2020 and each of the 5 suc-
ceeding fiscal years.’’. 
SEC. 4. EXCEPTION TO STUDENT UNIT RECORD BAN. 
Section 134(b) of the Higher Education Act of 1965 
(20 U.S.C. 1015c(b)) is amended— 
(1) by striking ‘‘(1) is necessary’’ and inserting 
‘‘(1)(A) is necessary’’; 
(2) by striking ‘‘(2) was in’’ and inserting ‘‘(B) 
was in’’; 
(3) by striking the period at the end and insert-
ing ‘‘; or’’; and 
(4) by adding at the end the following: 
‘‘(2) is necessary for the operation of section 
486B.’’. 
Æ 
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