HR 4075
110th CONGRESS
1st Session
H. R. 4075
To amend the Higher Education Act of 1965 to expand college access
and increase college persistence, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
November 5, 2007
Mr. COURTNEY 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 expand college access
and increase college persistence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Accessing College through Comprehensive
Early Outreach and State Partnerships Act'.
SEC. 2. GRANTS FOR ACCESS AND PERSISTENCE.
(a) Authorization of Appropriations- Section 415A(b) of the Higher Education
Act of 1965 (20 U.S.C. 1070c(b)) is amended by striking paragraphs (1)
and (2) and inserting the following:
`(1) IN GENERAL- There are authorized to be appropriated to carry out
this subpart $500,000,000 for fiscal year 2008, and such sums as may
be necessary for each of the 5 succeeding fiscal years.
`(2) RESERVATION- For any fiscal year for which the amount appropriated
under paragraph (1) exceeds $30,000,000, the excess amount shall be
available to carry out section 415E.'.
(b) Applications for Leveraging Educational Assistance Partnership Programs-
Section 415C(b) of the Higher Education Act of 1965 (20 U.S.C. 1070c-2(b))
is amended--
(1) in paragraph (2), by striking `$5,000' and inserting `$12,500';
(2) in paragraph (9), by striking `and' after the semicolon;
(3) in paragraph (10), by striking the period at the end and inserting
`; and'; and
(4) by adding at the end the following:
`(11) provides notification to eligible students that such grants are--
`(A) Leveraging Educational Assistance Partnership Grants; and
`(B) funded by the Federal Government and the State.'.
(c) Grants for Access and Persistence- Section 415E of the Higher Education
Act of 1965 (20 U.S.C. 1070c-3a) is amended to read as follows:
`SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.
`(a) Purpose- It is the purpose of this section to expand college access
and increase college persistence by making allotments to States to enable
the States to--
`(1) expand and enhance partnerships with institutions of higher education,
early information and intervention, mentoring, or outreach programs,
private corporations, philanthropic organizations, and other interested
parties to carry out activities under this section and to provide coordination
and cohesion among Federal, State, and local governmental and private
efforts that provide financial assistance to help low-income students
attend college;
`(2) provide need-based access and persistence grants to eligible low-income
students;
`(3) provide early notification to low-income students of their eligibility
for financial aid; and
`(4) encourage increased participation in early information and intervention,
mentoring, or outreach programs.
`(b) Allotments to States-
`(A) AUTHORIZATION- From sums reserved under section 415A(b)(2) for
each fiscal year, the Secretary shall make an allotment to each State
that submits an application for an allotment in accordance with subsection
(c) to enable the State to pay the Federal share of the cost of carrying
out the activities under subsection (d).
`(B) DETERMINATION OF ALLOTMENT- In making allotments under subparagraph
(A), the Secretary shall consider the following:
`(i) CONTINUATION OF AWARD- If a State continues to meet the specifications
established in its application under subsection (c), the Secretary
shall make an allotment to such State that is not less than the
allotment made to such State for the previous fiscal year.
`(ii) PRIORITY- The Secretary shall give priority in making allotments
to States that meet the requirements under paragraph (2)(B)(ii).
`(A) IN GENERAL- The Federal share of the cost of carrying out the
activities under subsection (d) for any fiscal year shall not exceed
66.66 percent.
`(B) DIFFERENT PERCENTAGES- The Federal share under this section shall
be determined in accordance with the following:
`(i) If a State applies for an allotment under this section in partnership
with any number of degree granting institutions of higher education
in the State whose combined full-time enrollment represents less
than a majority of all students attending institutions of higher
education in the State, and philanthropic organizations that are
located in, or that provide funding in, the State or private corporations
that are located in, or that do business in, the State, then the
Federal share of the cost of carrying out the activities under subsection
(d) shall be equal to 57 percent.
`(ii) If a State applies for an allotment under this section in
partnership with any number of degree granting institutions of higher
education in the State whose combined full-time enrollment represents
a majority of all students attending institutions of higher education
in the State, philanthropic organizations that are located in, or
that provide funding in, the State, and private corporations that
are located in, or that do business in, the State, then the Federal
share of the cost of carrying out the activities under subsection
(d) shall be equal to 66.66 percent.
`(i) IN GENERAL- The non-Federal share under this section may be
provided in cash or in kind, fairly evaluated.
`(ii) IN KIND CONTRIBUTION- For the purpose of calculating the non-Federal
share under this subparagraph, an in kind contribution is a non-cash
contribution that--
`(I) has monetary value, such as the provision of--
`(aa) room and board; or
`(bb) transportation passes; and
`(II) helps a student meet the cost of attendance at an institution
of higher education.
`(iii) EFFECT ON NEEDS ANALYSIS- For the purpose of calculating
a student's need in accordance with part F, an in kind contribution
described in clause (ii) shall not be considered an asset or income
of the student or the student's parent.
`(c) Application for Allotment-
`(A) SUBMISSION- A State that desires to receive an allotment under
this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
`(B) CONTENT- An application submitted under subparagraph (A) shall
include the following:
`(i) A description of the State's plan for using the allotted funds.
`(ii) Assurances that the State will provide matching funds, in
cash or in kind, from State, institutional, philanthropic, or private
funds, of not less than 33.33 percent of the cost of carrying out
the activities under subsection (d). The State shall specify the
methods by which matching funds will be paid and include provisions
designed to ensure that funds provided under this section will be
used to supplement, and not supplant, Federal and non-Federal funds
available for carrying out the activities under this title. A State
that uses non-Federal funds to create or expand existing partnerships
with nonprofit organizations or community-based organizations in
which such organizations match State funds for student scholarships,
may apply such matching funds from such organizations toward fulfilling
the State's matching obligation under this clause.
`(iii) Assurances that early information and intervention, mentoring,
or outreach programs exist within the State or that there is a plan
to make such programs widely available.
`(iv) A description of the organizational structure that the State
has in place to administer the activities under subsection (d).
`(v) A description of the steps the State will take to ensure students
who receive grants under this section persist to degree completion.
`(vi) Assurances that the State has a method in place, such as acceptance
of the automatic zero expected family contribution determination
described in section 479(c), to identify eligible low-income students
and award State grant aid to such students.
`(vii) Assurances that the State will provide notification to eligible
low-income students that grants under this section are--
`(I) Leveraging Educational Assistance Partnership Grants; and
`(II) funded by the Federal Government and the State.
`(2) STATE AGENCY- The State agency that submits an application for
a State under section 415C(a) shall be the same State agency that submits
an application under paragraph (1) for such State.
`(3) PARTNERSHIP- In applying for an allotment under this section, the
State agency shall apply for the allotment in partnership with--
`(A) not less than one public and one private degree granting institution
of higher education that are located in the State;
`(B) new or existing early information and intervention, mentoring,
or outreach programs located in the State; and
`(i) philanthropic organization located in, or that provides funding
in, the State; or
`(ii) private corporation located in, or that does business in,
the State.
`(A) STATE AGENCY- A State agency that is in a partnership receiving
an allotment under this section--
`(I) serve as the primary administrative unit for the partnership;
`(II) provide or coordinate matching funds, and coordinate activities
among partners;
`(III) encourage each institution of higher education in the State
to participate in the partnership;
`(IV) make determinations and early notifications of assistance
as described under subsection (d)(2); and
`(V) annually report to the Secretary on the partnership's progress
in meeting the purpose of this section; and
`(ii) may provide early information and intervention, mentoring,
or outreach programs.
`(B) DEGREE GRANTING INSTITUTIONS OF HIGHER EDUCATION- A degree granting
institution of higher education that is in a partnership receiving
an allotment under this section--
`(I) recruit and admit participating qualified students and provide
such additional institutional grant aid to participating students
as agreed to with the State agency;
`(II) provide support services to students who receive an access
and persistence grant under this section and are enrolled at such
institution; and
`(III) assist the State in the identification of eligible students
and the dissemination of early notifications of assistance as
agreed to with the State agency; and
`(ii) may provide funding for early information and intervention,
mentoring, or outreach programs or provide such services directly.
`(C) PROGRAMS- An early information and intervention, mentoring, or
outreach program that is in a partnership receiving an allotment under
this section shall provide direct services, support, and information
to participating students.
`(D) PHILANTHROPIC ORGANIZATION OR PRIVATE CORPORATION- A philanthropic
organization or private corporation that is in a partnership receiving
an allotment under this section shall provide funds for access and
persistence grants for participating students, or provide funds or
support for early information and intervention, mentoring, or outreach
programs.
`(d) Authorized Activities-
`(A) ESTABLISHMENT OF PARTNERSHIP- Each State receiving an allotment
under this section shall use the funds to establish a partnership
to award access and persistence grants to eligible low-income students
in order to increase the amount of financial assistance such students
receive under this subpart for undergraduate education expenses.
`(i) PARTNERSHIPS WITH INSTITUTIONS SERVING LESS THAN A MAJORITY
OF STUDENTS IN THE STATE-
`(I) IN GENERAL- In the case where a State receiving an allotment
under this section is in a partnership described in subsection
(b)(2)(B)(i), the amount of an access and persistence grant awarded
by such State shall be not less than the amount that is equal
to the average undergraduate tuition and mandatory fees at 4-year
public institutions of higher education in the State where the
student resides (less any other Federal or State sponsored grant
amount, college work study amount, and scholarship amount received
by the student) and such amount shall be used toward the cost
of attendance at an institution of higher education, located in
the State, that is a partner in the partnership.
`(II) COST OF ATTENDANCE- A State that has a program, apart from
the partnership under this section, of providing eligible low-income
students with grants that are equal to the average undergraduate
tuition and mandatory fees at 4-year public institutions of higher
education in the State, may increase the amount of access and
persistence grants awarded by such State up to an amount that
is equal to the average cost of attendance at 4-year public institutions
of higher education in the State (less any other Federal or State
sponsored grant amount, college work study amount, and scholarship
amount received by the student).
`(ii) PARTNERSHIP WITH INSTITUTIONS SERVING THE MAJORITY OF STUDENTS
IN THE STATE- In the case where a State receiving an allotment under
this section is in a partnership described in subsection (b)(2)(B)(ii),
the amount of an access and persistence grant awarded by such State
shall be not less than the average cost of attendance at 4-year
public institutions of higher education in the State where the student
resides (less any other Federal or State sponsored grant amount,
college work study amount, and scholarship amount received by the
student) and such amount shall be used by the student to attend
an institution of higher education, located in the State, that is
a partner in the partnership.
`(A) IN GENERAL- Each State receiving an allotment under this section
shall annually notify low-income students, such as students who are
eligible to receive a free lunch under the school lunch program established
under the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.), in grade 7 through grade 12 in the State of their potential
eligibility for student financial assistance, including an access
and persistence grant, to attend an institution of higher education.
`(B) CONTENT OF NOTICE- The notification under subparagraph (A)--
`(I) information about early information and intervention, mentoring,
or outreach programs available to the student;
`(II) information that a student's candidacy for an access and
persistence grant is enhanced through participation in an early
information and intervention, mentoring, or outreach program;
`(III) an explanation that student and family eligibility and
participation in other Federal means-tested programs may indicate
eligibility for an access and persistence grant and other student
aid programs;
`(IV) a nonbinding estimation of the total amount of financial
aid a low-income student with a similar income level may expect
to receive, including an estimation of the amount of an access
and persistence grant and an estimation of the amount of grants,
loans, and all other available types of aid from the major Federal
and State financial aid programs;
`(V) an explanation that in order to be eligible for an access
and persistence grant, at a minimum, a student shall meet the
requirement under paragraph (3), graduate from secondary school,
and enroll at an institution of higher education that is a partner
in the partnership;
`(VI) information on any additional requirements (such as a student
pledge detailing student responsibilities) that the State may
impose for receipt of an access and persistence grant under this
section; and
`(VII) instructions on how to apply for an access and persistence
grant and an explanation that a student is required to file a
Free Application for Federal Student Aid authorized under section
483(a) to be eligible for such grant and assistance from other
Federal and State financial aid programs; and
`(ii) may include a disclaimer that access and persistence grant
awards are contingent upon--
`(I) a determination of the student's financial eligibility at
the time of the student's enrollment at an institution of higher
education that is a partner in the partnership;
`(II) annual Federal and State appropriations; and
`(III) other aid received by the student at the time of the student's
enrollment at an institution of higher education that is a partner
in the partnership.
`(3) ELIGIBILITY- In determining which students are eligible to receive
access and persistence grants, the State shall ensure that each such
student meets not less than one of the following:
`(A) Meets not less than 2 of the following criteria, with priority
given to students meeting all of the following criteria:
`(i) Has an expected family contribution equal to zero (as described
in section 479) or a comparable alternative based upon the State's
approved criteria in section 415C(b)(4).
`(ii) Has qualified for a free lunch, or at the State's discretion
a reduced price lunch, under the school lunch program established
under the Richard B. Russell National School Lunch Act.
`(iii) Qualifies for the State's maximum undergraduate award, as
authorized under section 415C(b).
`(iv) Is participating in, or has participated in, a Federal, State,
institutional, or community early information and intervention,
mentoring, or outreach program, as recognized by the State agency
administering activities under this section.
`(B) Is receiving, or has received, an access and persistence grant
under this section, in accordance with paragraph (5).
`(4) GRANT AWARD- Once a student, including a student who has received
early notification under paragraph (2) from the State, applies for admission
to an institution that is a partner in the partnership, files a Free
Application for Federal Student Aid and any related State form, and
is determined to be eligible by the State under paragraph (3), the State
shall--
`(A) issue the student a preliminary access and persistence grant
award certificate with tentative award amounts; and
`(B) inform the student that payment of the access and persistence
grant award amounts is subject to certification of enrollment and
award eligibility by the institution of higher education.
`(5) DURATION OF AWARD- An eligible student that receives an access
and persistence grant under this section shall receive such grant award
for each year of such student's undergraduate education in which the
student remains eligible for assistance under this title, including
pursuant to section 484(c), and remains financially eligible as determined
by the State, except that the State may impose reasonable time limits
for baccalaureate degree completion.
`(e) Administrative Cost Allowance- A State that receives an allotment
under this section may reserve not more than 3.5 percent of the funds
made available annually through the allotment for State administrative
functions required to carry out this section.
`(f) Statutory and Regulatory Relief for Institutions of Higher Education-
The Secretary may grant, upon the request of an institution of higher
education that is in a partnership described in subsection (b)(2)(B)(ii)
and that receives an allotment under this section, a waiver for such institution
from statutory or regulatory requirements that inhibit the ability of
the institution to successfully and efficiently participate in the activities
of the partnership.
`(g) Applicability Rule- The provisions of this subpart which are not
inconsistent with this section shall apply to the program authorized by
this section.
`(h) Maintenance of Effort Requirement- Each State receiving an allotment
under this section for a fiscal year shall provide the Secretary an assurance
that the aggregate amount expended per student or the aggregate expenditures
by the State, from funds derived from non-Federal sources, for the authorized
activities described in subsection (d) for the preceding fiscal year were
not less than the amount expended per student or the aggregate expenditure
by the State for the activities for the second preceding fiscal year.
`(i) Special Rule- Notwithstanding subsection (h), for purposes of determining
a State's share of the cost of the authorized activities described in
subsection (d), the State shall consider only those expenditures from
non-Federal sources that exceed its total expenditures for need-based
grants, scholarships, and work-study assistance for fiscal year 1999 (including
any such assistance provided under this subpart).
`(j) Reports- Not later than 3 years after the date of enactment of the
Accessing College through Comprehensive Early Outreach and State Partnerships
Act, and annually thereafter, the Secretary shall submit a report describing
the activities and the impact of the partnerships under this section to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and Labor of the House of Representatives.'.
(d) Continuation and Transition- During the 2-year period commencing on
the date of enactment of this Act, the Secretary shall continue to award
grants under section 415E of the Higher Education Act of 1965 (20 U.S.C.
1070c-3a), as such section existed on the day before the date of enactment
of this Act, to States that choose to apply for grants under such predecessor
section.
(e) Implementation and Evaluation- Section 491(j) of the Higher Education
Act of 1965 (20 U.S.C. 1098(j)) is amended--
(1) in paragraph (4), by striking `and' after the semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new paragraph:
`(5) not later than 6 months after the date of enactment of the Accessing
College through Comprehensive Early Outreach and State Partnerships
Act, advise the Secretary on means to implement the activities under
section 415E, and the Advisory Committee shall continue to monitor,
evaluate, and make recommendations on the progress of partnerships that
receive allotments under such section; and'.
END
