II 117th CONGRESS 2d Session S. 4068 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Padilla (for himself, Mr. Menendez , Ms. Cortez Masto , Mr. Heinrich , Mrs. Feinstein , Mr. Durbin , Mr. Murphy , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To promote and support collaboration between Hispanic-serving institutions and local educational agencies with high enrollments of Hispanic or Latino students, and for other purposes.

1. Short title This Act may be cited as the Hispanic Educational Resources and Empowerment Act of 2022 . 2. Findings Congress finds the following: (1) Hispanics and Latinos are the largest, youngest, and second-fastest growing minority population in the United States, accounting for half of the Nation’s population growth between 2010 and 2020. (2) While Hispanics and Latinos compose 18 percent of the population of the United States, they compose 26 percent of the prekindergarten through grade 12 public school student enrollment in the United States. (3) Over 3,300 local educational agencies have 25 percent or more Hispanic and Latino enrollment and those local educational agencies enroll 78 percent of all prekindergarten through grade 12 Hispanic and Latino students in the United States. (4) Hispanic and Latino students face disparities in educational outcomes, including lower grades, lower scores on standardized tests, and higher dropout rates. (5) Hispanic and Latino students tend to face greater barriers once in college than their non-Hispanic and Latino peers. Seventy percent of Hispanic and Latino college students are first-generation college students and nearly half of Hispanic and Latino college students are eligible to receive a Federal Pell Grant. (6) Hispanics and Latinos have less access to enrolling in, or graduating from, institutions of higher education. (7) More Hispanics and Latinos are going to college than ever before, but only slightly more than half of the Hispanic and Latino students who enroll earn a bachelor’s degree. (8) Hispanics and Latinos lag behind non-Hispanic Whites, Blacks, and Asian American and Native American Pacific Islanders in educational attainment of high school diplomas, associate’s degrees, and bachelor’s degrees. (9) In 2019, the median weekly earnings among high school graduates with no postsecondary degree were lower than such earnings for individuals holding associate’s degrees by $123, and for individuals holding bachelor’s degrees by $635. Given this information, and the growth in the Hispanic and Latino population relative to the nearly stagnant population growth of the Nation as a whole, gains in Hispanic and Latino educational attainment are crucial to economic gains for the United States. (10) Hispanics and Latinos are an increasingly vital component of the workforce of the United States. The number of Hispanics and Latinos in the labor force is expected to grow by approximately 6,900,000 between 2020 and 2030. (11) To help ensure that the United States is prepared to meet the needs of its changing workforce, Hispanics and Latinos and the institutions that enroll them most, Hispanic-serving institutions, must be afforded the resources and support necessary to close the achievement and opportunity gaps. 3. Collaboration between Hispanic-serving institutions and local educational agencies Title V of the Higher Education Act of 1965 ( 20 U.S.C. 1101 et seq. ) is amended by adding at the end the following new part: D Collaboration between Hispanic-serving institutions and local educational agencies with high enrollments of Hispanic or Latino students 531. Purposes The purposes of this part are— (1) to promote and support opportunities for academic alliances and collaborative partnerships between Hispanic-serving institutions and local educational agencies with high enrollments of Hispanic or Latino students for the purpose of improving postsecondary educational attainment of Hispanic and Latino students; and (2) to expand and enhance the course offerings, program quality, and overall functionality of the colleges, universities, and local educational agencies that educate the majority of Hispanic and Latino students. 532. Program authority, application, and eligibility (a) Program authority Subject to the availability of funds appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to Hispanic-serving institutions serving as grant recipient and fiscal agent for an eligible entity, to enable the eligible entity to carry out activities described under section 533 to improve and expand the capacity to develop innovative collaboration agreements between local educational agencies and institutions of higher education to better serve Hispanic and Latino students. (b) Eligible entity The term eligible entity means a partnership that— (1) shall include— (A) one or more Hispanic-serving institutions, one of which shall serve as the grant recipient and fiscal agent for the eligible entity; and (B) one or more local educational agencies with high enrollments of Hispanic or Latino students; and (2) may include— (A) one or more emerging Hispanic-serving institutions; (B) one or more local educational agencies with high enrollments of Hispanic or Latino students; and (C) one or more nonprofit or community-based organizations, or public or private nonprofit entities with a demonstrated record of success in implementing activities similar to the activities authorized under section 533. (c) Application An eligible entity that desires to receive a grant under this part shall— (1) designate a Hispanic-serving institution that is a member of the eligible entity to serve as the grant applicant, grant recipient, and fiscal agent for the eligible entity; and (2) through such designated Hispanic-serving institution, submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require under part C and this part. 533. Authorized activities An eligible entity that receives a grant under this part shall use the grant funds for 1 or more of the following activities to support eligible students: (1) Creating a college-bound culture among students, which may include activities to promote the early exposure of such students and their families to the opportunities and requirements of postsecondary education, and other evidence-based services, including services determined to have proven positive outcomes by the What Works Clearinghouse maintained by the Institute of Education Sciences. (2) Improvements to school-based and institutional practices to prepare students for postsecondary education, and provide high quality postsecondary supports when necessary, which may include— (A) aligning high school coursework and high school graduation requirements with the requirements for entrance into credit-bearing coursework at 4-year institutions of higher education, including Hispanic-serving institutions; (B) early identification and support for students at risk of not graduating from high school within 4 years, or at risk of requiring remediation upon enrolling in postsecondary education; (C) developing and implementing pathways to postsecondary education that— (i) provide students with advanced coursework and result in a recognized postsecondary credential, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); or (ii) integrate rigorous and challenging career and technical education, work-based learning, and advanced coursework or other academic instruction aligned with the challenging State academic standards adopted by the State in which the eligible entity is located under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ); (D) co-requisite courses; (E) technology-enhanced diagnostics and delivery of remedial education; (F) use of multiple measures by institutions of higher education for the purposes of placement; (G) analysis of a given placement approach and how the approach affected equity; (H) faculty development to ensure effective instruction; and (I) practices to teach college success skills. (3) Support for students for high school completion and transition to postsecondary education, which may include— (A) assistance with the college application process; (B) assistance with applying for financial aid; and (C) assistance with selecting institutions of higher education to which a student should apply based on the needs and attributes of the student, available degree programs, and outcomes of the institutions. (4) Addressing non-academic needs that are barriers to college enrollment, persistence, and completion for students, which may include— (A) activities to address the comprehensive needs of students, including child care, housing and food insecurity, finances, health issues, and transportation; and (B) activities to promote a positive campus climate at institutions of higher education and to increase the sense of belonging among students, including through first year support programs such as mentoring and peer networks and advisories. (5) Developing and offering grow your own programs that encourage students to pursue careers in education and that provide pathways to meet applicable certification and licensure requirements in the State such program is operating in, including any requirements for certification obtained through alternative routes to certification, which may include— (A) opportunities for students to take dual credit courses in education, where such courses align with the regular high school diploma (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) and count for credit at the institution of higher education; (B) opportunities for students to engage in work-based learning opportunities in the field of education; (C) experiential learning that supports the success of students and increases students’ interest in pursuing a teaching career; (D) providing direct supports, including wrap-around services, for students to enroll and be successful in postsecondary enrollment options for courses that would meet degree requirements for teacher licensure; and (E) scholarships to students who have completed a secondary school diploma or its recognized equivalent to enroll in teacher preparation programs. 534. Reporting Each eligible entity receiving a grant under this part shall, through the Hispanic-serving institution designated under section 532(b) , submit to the Secretary, at the end of each grant period, a report that includes information the Secretary may require. Such report shall include information on the outcomes of the activities carried out by the eligible entity, before and after such activities were funded under this part, on the number and percentage of students entering, persisting, and completing postsecondary education. Such information shall be disaggregated to measure the specific impact on economically disadvantaged students, students from each major racial and ethnic group, students with disabilities, English learners, students of different genders, and migrant students. 535. Technical assistance and evaluation (a) Reservations From the total amount appropriated for this part under section 528(a) for a fiscal year, the Secretary shall reserve not more than the lesser of 5 percent or $5,000,000 for— (1) providing technical assistance to eligible entities, directly or through grants, contracts, or cooperative agreements, by qualified experts on using practices grounded in evidence to improve the outcomes of programs funded under this part; and (2) conducting the evaluation described in subsection (b) . (b) Evaluation The Secretary, in partnership with the Director of the Institute of Education Sciences, shall contract with a third party to conduct an independent evaluation of the activities funded under this part. Such evaluation shall include the impact of the policies and services resulting from such activities on the number and percentage of students entering, persisting, and completing postsecondary education. The data collected by such evaluation shall be disaggregated to measure the specific impact on economically disadvantaged students, students from each major racial and ethnic group, students with disabilities, English learners, students of different genders, and migrant students. 536. Definitions In this part: (1) Advanced coursework The term advanced coursework means coursework designed for students to earn postsecondary credit upon successful completion of the coursework while still in secondary school, such as Advanced Placement, International Baccalaureate, dual or concurrent enrollment programs, and early college high school programs. (2) Co-requisite courses The term co-requisite courses means courses designed for students at institutions of higher education that combine credit-bearing postsecondary-level coursework with supplemental instruction or additional academic support. (3) Dual or concurrent enrollment program The term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Early college high school The term early college high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Eligible student The term eligible student means— (A) any student who is enrolled or eligible to enroll in a secondary school that is served by a local educational agency with high enrollments of Hispanic or Latino students; and (B) any student who is enrolled or has been accepted for enrollment at a Hispanic-serving institution or an emerging Hispanic-serving institution. (6) Emerging Hispanic-serving institution The term emerging Hispanic-serving institution means an institution of higher education that— (A) is an eligible institution, as defined in section 502; and (B) has an enrollment of undergraduate full-time equivalent students that is at least 15 percent but less than 25 percent Hispanic students at the end of the award year immediately preceding the date of the application for a grant under this part. (7) Local educational agency with high enrollments of hispanic or latino students The term local educational agency with high enrollments of Hispanic or Latino students means a local educational agency— (A) in which at least 25 percent of the students served by the local educational agency are Hispanic or Latino students, as determined by the enrollment data of the local educational agency no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics under section 153 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9543 ); and (B) in which at least 50 percent of the students served by the local educational agency meet a measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ). . 4. Authorization of appropriations Section 528(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1103g(a) ) is amended by adding at the end the following new paragraph: (3) Part D There are authorized to be appropriated to carry out part D $150,000,000 for fiscal year 2023 and such sums as may be necessary for each of the 5 succeeding fiscal years. .