H.R. 4137 would amend and extend the Higher Education Act of 1965.

== Detailed Summary ==

<summary>
College Opportunity and Affordability Act of 2007 - Amends<b>(This measure has not been amended since the Conference Report was filed in the Higher Education ActHouse on July 30, 2008. The summary of 1965 (HEA) to revise and reauthorize HEA programs.that version is repeated here.)</b>

<b>Title I: Title I Amendments</b>Higher Education Opportunity Act - (Sec. 101) RevisesAmends the general definitionHigher Education Act of an institution of higher education (IHE) to include schools that: (1) award degrees (not necessarily bachelor's degrees) that are acceptable for admission1965 (HEA) to a graduate or professional degree program;revise and (2) public or nonprofit private schools that enroll students who will be dually or concurrently enrolled in a secondary school.reauthorize HEA programs.

Revises<b>Title I: </b> <b>General Provisions</b> - (Sec. 101) Revises the general definition of an IHE for purposesinstitution of title IV student assistance programs.higher education (IHE) to include schools that: (1) admit students whose secondary education was conducted in a home school setting; (2) award degrees (not necessarily bachelor's degrees) that are acceptable for admission to a graduate or professional degree program; and (3) enroll students who will be dually or concurrently enrolled in a secondary school.

Requires graduate medical schools located outside(Sec. 102) Revises the country, that qualified as IHEs owing to their having a state-approved clinical training program asdefinition of January 1, 1992, to have continuously operated a clinical training program in at least one state that is approved by such state. Allows foreign graduate medical schools that have a state-approved clinical training program asan IHE for purposes of January 1, 2008, to qualify as IHEs under title IV if they certify only unsubsidized loans under the Federal Family Education Loan (FFEL) program and agree to reimburse the Secretary of Education (Secretary) for the cost of any defaulted loan in their cohort default rate during the previous fiscal year.student assistance programs.

Allows foreign nursingRequires graduate medical schools to be eligible for title IV aid if they: (1) have agreements with hospitals and nursing programs located outside the country, that qualified to participate in this country at which students arethe Federal Family Education Loan (FFEL) program owing to complete their training; (2) certify only unsubsidized FFEL loans; and (3) agree to reimburse the Secretary for the costhaving a state-approved clinical training program as of any student loan defaults if their cohort default rate exceeds 5%. January 1, 1992, to have continuously operated a clinical training program in at least one state that is approved by such state.

Includes as proprietary IHEs and as postsecondary vocational institutions anyAllows foreign nursing schools to participate in the FFEL program if : (1) they have agreements with hospitals or nursing schools located in this country that enrollrequire students who will be dually or concurrently enrolledto complete their training at such hospitals and schools, and such schools to provide graduates with their degrees; (2) they certify only subsidized Stafford loans and unsubsidized Stafford loans and PLUS loans under the FFEL program; (3) they agree to reimburse the Secretary of Education (Secretary) for the cost of any student loan defaults included in a secondary school.their cohort default rates; and (4) at least 75% of their students or graduates who take the National Council Licensure Examination for Registered Nurses pass such exam.

(Sec. 102) Adds definitionsDirects the advisory panel of critical foreign language, distance education, high-need school, limited English proficient (LEP), universal design,medical experts to report to the Secretary and universal designCongress, within one year of this Act's enactment, its recommendations for learning.alternate eligibility requirements allowing foreign graduate medical schools with a clinical training program approved by a state before 2008 to participate in the FFEL program. Authorizes the Secretary to issue regulations establishing such alternate eligibility criteria.

(Sec. 104) ReconstitutesRaises from 60% to 75% the National Advisory Committeepass rate required of foreign graduate medical schools on Institutional Quality and Integrity inexaminations administered by the Department of Education (Department)Educational Commission for Foreign Medical Graduates if such schools are to adviseparticipate in the Secretary on accreditation matters until November 2012. FFEL program.

(Sec. 105) Requires IHEs' biennial reviews of their alcohol and drug abuse prevention programs to include a determinationIncludes as to: (1) the number of drug-proprietary IHEs any schools offering baccalaureate degrees in liberal arts and alcohol-related incidents and fatalities occurring on their property, or as part of their activities,schools that are reported to them; and (2) the number and type of sanctions the IHEs impose onenroll students who will be dually or employees asconcurrently enrolled in a result of such incidents or fatalities.secondary school.

Repeals the National Recognition Awards for outstanding IHE alcohol and drug abuse prevention programs. Includes as postsecondary vocational institutions any schools that enroll students who will be dually or concurrently enrolled in a secondary school.

Reauthorizes appropriations for alcohol(Sec. 103) Adds definitions of critical foreign language, distance education, diploma mill, early childhood education program, poverty line, universal design, and drug abuse prevention grantsuniversal design for FY2009-FY2013.learning.

(Sec. 106) Extends an authorization of appropriations to continue coverage of prior rights and obligations for servicing outstanding bonds from certain earlier programs under title VII104) Elaborates on the current sense of Congress regarding the HEA before it was amended by the Higher Education Amendments of 1992speech and the Higher Education Amendmentsassociation rights of 1998.students in higher education to specify that such students should not be intimidated, harassed, discouraged from speaking out, or discriminated against.

(Sec. 107) Directs106) Reconstitutes the Secretary to display a link to the Department's student financial aid websiteNational Advisory Committee on Institutional Quality and Integrity in a prominent place on the homepageDepartment of the Department's website. AllowsEducation (Department) to advise the Secretary to use administrative funds available for the Department's operations and expenses to promote the availability of the financial aid website. on accreditation matters until October 2014.

Requires the Secretary(Sec. 107) Requires biennial IHE reviews of their alcohol and drug abuse prevention programs to provide parentsinclude a determination as to: (1) the number of drug- and students with easy access viaalcohol-related violations and fatalities occurring on the federal student financial aid websitecampus or as part of their activities that are reported to detailed information concerning student financial aid options provided by other federal departmentscampus officials; and agencies. (2) the number and type of sanctions the IHEs impose on students or employees as a result of such violations or fatalities.

(Sec. 108) Requires states to maintain or increase their level of fundingRepeals the National Recognition Awards for public IHEs or become ineligible for this Act's new grants to expand college accessoutstanding IHE alcohol and increase college persistence under the Leveraging Educational Assistance Partnership program. Allows the Secretary to waive such requirement for states facing exceptional circumstances. drug abuse prevention programs.

Authorizes the Secretary to identifyReauthorizes appropriations for alcohol and disseminate IHE cost containment strategies, recognize IHEs that are containing costs effectively, and work with other IHEs to implement such strategies.drug abuse prevention grants for FY2009-FY2014.

(Sec. 109) Requires the Commission108) Extends an authorization of the Bureau of Labor Statisticsappropriations to develop higher education price indices (HEPIs) that accurately reflect the annual change in tuitioncontinue coverage of prior rights and feesobligations for undergraduate students in specified categoriesservicing outstanding bonds from certain earlier programs under title VII of the HEA before it was amended by the Higher Education Amendments of 1992 and the Higher Education Amendments of IHEs. 1998.

Directs(Sec. 109) Directs the Secretary to place information on the College NavigatorDepartment's website each year: (1) a national list ranking IHEs according to the percentageassist students, families, and dollar changeemployers in their tuitionunderstanding what diploma mills are and fees over the preceding three years; and (2) Higher Education Price Increase Watch Lists ranking IHEs whose tuition and fees exceed their applicable HEPI. Requires certain schools on the watch listhow to establish quality-efficiency task forces to reviewidentify and publicly report on their operating costs.avoid them.

Requires(Sec. 110) Directs the Secretary to report annually ondisplay a link to the Department's web site: (1) comparisons of changes in each state's appropriations per enrolled student financial aid website in public IHEs with changes in the tuition and fees such IHEs have charged over the past five years; and (2)a prominent place on the total amounthomepage of need- and merit-based aid provided by the state to students enrolled in such schools. Department's website.

Requires the Secretary to develop model net price calculators and, within three years of this Act's enactment, HEA-funded IHEsprovide access, via the Department's student financial aid website, to: (1) information concerning student financial aid options provided by other federal departments and agencies; (2) an Armed Forces information website, to adoptbe created by the Secretary, providing information about all federal and use a net price calculatorstate student financial aid available to help students, families,members and consumers determineveterans of the net price (tuition minus grantsArmed Forces and discounts)their families; and (3) a National Database on Financial Assistance for the Study of IHEs.Science, Technology, Engineering, and Mathematics, which is also to be created by the Secretary.

Requires HEA-funded IHEs to include their most recent net price data in application materials.Prohibits charging user fees for use of the Department's financial aid websites.

Requires(Sec. 111) Directs the Secretary to developplace on the College Navigator website each year lists of the: (1) 5% of IHEs that have the highest tuition and fees for the most recent year; (2) 5% of IHEs that have the highest net price (price minus student aid) for the most recent year; (3) 5% of IHEs that have the largest percentage increase in tuition and fees over the most recent three years; (4) 5% of IHEs that have the largest percentage increase in net price over the most recent three years; (5) 10% of IHEs that have the lowest tuition and fees for the most recent year; and (6) 10% of IHEs that have the lowest net price for the most recent year.

Requires IHEs on the lists for the largest percentage increases in tuition and fees or net price over the most recent three years to issue reports to the Secretary explaining such increases, the steps they will take toward reducing costs, and the extent to which their state governments are responsible for such cost increases. Requires the Secretary to summarize such reports in a model document,report to be known as the Universityprovided to Congress and placed on the College Accountability Network (U-CAN),Navigator website.

Requires the Secretary to report annually basic information abouton the College Navigator website comparisons for each institutionstate of percentage changes over the most recent five years in: (1) state spending per full-time student in public IHEs; (2) the tuition and fees such students have been charged over the most recent five years; and (3) the total amount of state need- and merit-based aid provided to such students.

Requires the Secretary to develop, and IHEs to make available on their websites, a net price calculator that choosesallows current and prospective students, families, and other consumers to participate,estimate a IHE's net price for individual students.

Requires the Secretary to be postedpost on the College Navigator website: (1) additional basic information about each IHE's students, teachers, assistance, costs, safety, services, and credit transfer policies; and (2) a link to the section of the Bureau of Labor Statistics website that provides regional data on starting salaries in all major occupations.

Directs the Commissioner of Education Statistics to continue to update and improve the Integrated Postsecondary Education Data System, including the reporting of information by institutions and the timeliness of the data collected.

Requires the Secretary to develop, and mademake available on the College Navigator website, a multi-year tuition calculator to IHEs,help current and prospective students, their families, and other consumers. consumers estimate the amount of tuition an individual may pay to attend an IHE in future years and compare such estimate with those for other schools.

Directs the Secretary to conduct a survey of title IV student aid recipients on a state-by-state basis at least once every four years.

(Sec. 110)112) Requires publishers informing teachers or those selecting course materials at IHEs about available textbooks or supplements to include written information concerning: (1) the price the publisher would charge for such items to the bookstore associated with such institution for such items;and, if available, the price the publisher charges the public; (2) the copyright dates of allthe three previous editions of such textbooks; (3) substantial revisions to such items; and (4) whether such items are available in other formats, including paperback and unbound, and the price the publisher would charge the bookstore and, if available, the price the publisher charges the public, for items in those formats.

Requires a publisher that sells a textbook and any accompanying supplement as a single bundled item also to sell them as separately priced and unbundled items.

Directs IHEs to include on printed or internettheir Internet course schedules the International Standard Book Number (ISBN) and retail price for each required or recommended textbook or supplement for listed courses. Requires an institution to: (1) use the author, title, publisher, and copyright date if the ISBN is unavailable; and (2) indicate that the required information has yet to be determined if its disclosure for a course is impractical.

Requires IHEs to provide college bookstores, upon their request, with: (1) their course schedules for the subsequent academic period; (2) the information this Act requires to be placed on eachInternet course scheduleschedules regarding each textbook or supplement required or recommended for each course; and (3) the number of students enrolled, and the maximum enrollment, in each course.

(Sec. 111) Prohibits the creation or maintenanceEncourages IHEs to inform students of a federal database of personally identifiable student information. States that such prohibition does not apply to certain data systems in use priorways to this Act's enactment, or state databases that track individuals over time.save money on course materials.

(Sec. 112) Creates a new part E (Lender and Institution Requirements RelatedDirects the Comptroller General to Educational Loans) under title I ofreport to Congress on the HEA. implementation of these requirements by IHEs, college bookstores, and publishers.

Requires lenders(Sec. 113) Prohibits the creation or maintenance of FFELs entering into preferred lender arrangements with IHEsa federal database of personally identifiable student information. States that such prohibition does not apply to certify annually their compliance withcertain data systems in use before this Act's requirements. enactment, or state databases that track individuals over time.

Prohibits IHEs(Sec. 114) Prohibits a state from allowing lenders to market private educational loans incharging more than the instate tuition for attending a mannerpublic IHE in that implies their endorsementstate to: (1) members of the Armed Forces who are on active duty for more than 30 days and whose domicile or permanent duty station is in such state; or (2) such loans. members' dependents.

DirectsProvides that, even if such members' permanent duty station is subsequently changed to a location outside the Secretarystate, they or their dependents must continue to report to Congress onbe charged no more than the adequacy of educational loan information provided to borrowers and include a model disclosure form for lenders that have preferred lender arrangements with IHEs to useinstate tuition if they remain continuously enrolled at such IHE in providing annual loan information to the Secretary and such IHEs. Requires such lenders to disclose loan terms and any philanthropic contributions made to such IHEs. state.

Requires IHEs(Sec. 115) Establishes a State Higher Education Information System Pilot program under which the Secretary shall award competitive grants to up to five states, consortia of states, or consortia of IHEs to: (1) design, test, and implement state-level postsecondary student data systems that provide the Secretary, prospective borrowers,maximum benefits to states, IHEs, and state policymakers; and (2) examine the public with the disclosure form information on preferred lenderscosts and a detailed explanation as to why their loans are beneficial to borrowersburdens involved in time for borrowers to takeimplementing such information into account before applying for a loan.systems.

(Sec. 116) Requires IHEsstates to disclose onmaintain or increase their websitesfunding of non-capital and indirect research and development costs at public IHEs and in their informational materials: (1) that they cannot limit studentsfunding of financial aid at private IHEs or become ineligible for this Act's new grants to recommended lendersexpand college access and must process loan documents from any eligible lender; (2)increase college persistence under the model disclosure form information regarding preferred lenders; (3)College Access Challenge Grant program. Allows the maximum federal student aid available; and (4) their cost of attendance. Secretary to waive such requirement for states facing exceptional circumstances.

Requires IHEs that provide prospective borrowers with private educational loan information to inform students and parents of:(Sec. 117) Revises requirements for: (1) their eligibilitythe performance-based organization for title IVdelivery of federal student financial assistance; and (2) compare and distinguish private loans from title IV loans. procurement flexibility.

Requires(Sec 119) Prohibits IHEs from using federal HEA funds to develop, publicize, and enforce codes of conductlobby for their officers, employees, and agents that prohibit conflicts of interest with respect to educational loans.federal contracts, grants, loans, cooperative agreements, or earmarks.

Prohibits IHE financial aid personnel from: (1) accepting gifts from lenders, guarantors, or servicers(Sec. 120) Creates a new part E (Lender and Institution Requirements Related to Educational Loans) under title I of educational loans; (2) accepting any compensation for providing services to or for lenders; and (3) participating on any lender or lender affiliate advisory councils. Requires the Department's Inspector General to investigate any reported gift ban violation.HEA.

Bars IHEs from: (1) entering into revenue sharing agreements with lenders; (2) requesting or accepting lender assistance with call center or financial aid office staffing, except in certain emergencies; (3) requesting or accepting lenders' offers Directs the Secretary, within 18 months of funds for private student loansthis Act's enactment, to determine the minimum information that lenders, IHEs, and IHE affiliates participating in exchange for business concessions or status as preferred lenders of title IV loans. Prohibits lenders from makinglender arrangements must provide regarding FFELs offered to students and their families. Includes within such offers. minimum information certain information required under the Truth in Lending Act. Requires the Secretary to develop a model disclosure form that preferred lenders, IHEs, and IHE affiliates may use.

Conditions the receipt of federal fundsRequires IHEs and assistance by schools and lenders on their compliance with part E. Establishes penalties for noncomplianceaffiliates that include: (1) banning lenders from participatingparticipate in title IV programs;preferred lender arrangements to include on their websites and financial aid informational materials: (1) the minimum FFEL information required by the Secretary; (2) the maximum amount of student aid available under title IV of the HEA; (3) a $25,000 civil penalty for schools and lendersstatement that do not participatethe IHE is required to process FFEL documents received from any eligible lender the student selects; and (4) with respect to private education loans, certain information required under the Truth in title IV programs.Lending Act.

Requires FFEL lenders in preferred lender arrangements annually to provide participating IHEs, IHE affiliates, and the Secretary, for loans under title IV's Direct Loan (DL) or Perkins Loan (PL) programs, to: (1) provide borrowersSecretary with the minimum FFEL information regarding loan terms, status, and repayment options before and during loan repayment; and (2) contact borrowers who have nonstandard repayment plans, every year after five years have passed since their selectionrequired by the Secretary for each type of FFEL such plan, to ascertain if they are able to select shorter repaymentlender plans that would reduceto offer for the total interest they pay.next award year.

RequiresRequires IHEs to provide counseling to FFEL, DL, and PL borrowers before they sign their first promissory note regardingaffiliates in preferred lender arrangements to: (1) prohibit providers of private education loans from implying that a loan is being made by the school or its affiliate; (2) ensure that the average indebtednessname of borrowers atprivate lenders is on all materials relating to such loans; (3) issue annual reports to the school, sample monthly repayment amounts based on a range of student indebtedness levels, starting salaries for their graduates in different fields of study, repayment options,Secretary and the likely consequences of default. Requirespublic that include the Secretary to provideminimum information to IHEs to enable them to provide borrowers with such counselingrequired regarding FFELs and includeprivate loans issued under such information onarrangements, as well as an explanation of the Department's website.rationale for entering into such arrangements; and (4) comply with the code of conduct schools participating in title IV loan programs are required to develop (see Sec. 493).

(Sec. 113) Directs the Secretary to study the feasibilityRequires lenders of developing a National Electronic Student Loan MarketplaceFFELs that would provide for a registry of realtime information on federal and private student loans.are in preferred lender arrangements to certify annually their compliance with this Act's requirements.

<b>TitleDirects IHEs and their affiliates that provide information about private education loans to: (1) provide prospective borrowers with certain information required under the Truth in Lending Act; (2) inform them that they may qualify for assistance under title IV of the HEA that has more favorable terms than private loans; and (3) ensure that title IV loan and private loan information is kept distinct.

Requires lenders to provide their borrowers of: (1) FFEL or Direct Loans (DLs) with specified written information concerning loan costs, terms, and repayment before or when they disburse such loans; and (2) private education loans with disclosures required under the Truth in Lending Act.

Requires FFEL lenders to report annually to the Secretary on certain reimbursements provided to agents of IHEs and their affiliates who are involved in financial aid. Requires the Secretary to summarize such reports in an annual report to Congress.

Directs the Secretary to provide IHEs participating in the DL program with completed model disclosure forms that contain the same information for DLs that is required to be disclosed for FFELs. Requires IHEs to provide students and prospective students with the information on such forms or on comparable forms they have designed.

<b>Title II: Title II Revision</b>Teacher Quality Enhancement</b> - (Sec. 201) Revises and reauthorizes part A (Teacher Quality Enhancement Grants for States and Partnerships) of title II of the HEA.

Eliminates the State grant and Teacher Recruitment grant programs.

Turns the Partnership grant program into the revised Teacher Quality Partnership grant program.

Authorizes the Secretary to award competitive five-year grants to partnerships of high-need local educational agencies (LEAs), high-need schools, and IHEsIHEs, and, as applicable, high-need early childhood education programs for use in carrying out a pre-baccalaureate teacher preparation program, a teaching residency program, a leadership development program, or a combination of two or more such programs. Authorizes the partnerships to use grant funds to implement a leadership development program, which may be carried out in partnership with a rural LEA.

Requires the pre-baccalaureate teacher preparation program to include: (1) educational reforms; (2) clinical experience and interaction; (3) induction programs for new teachers that provide them with mentoring and support for at least their first two years of teaching; (4) literacy training; and (5) teacher recruitment mechanisms.

Requires the teaching residency program to prepare teachers for success in the high-need schools in the partnership by engaging residents in rigorous graduate-level coursework to earn a master's degree while they undertake a guided teaching apprenticeship alongside a trained and experienced mentor teacher who may be relieved of teaching duties. Requires teacher residents to be: (1) recent graduates of a four-year IHE; or (2) mid-career professionals from outside the field of education who possess strong content knowledge or a record of professional accomplishment. Provides residents with a living stipend or salary during the one-year residency program in exchange for at least three years of service as highly qualified teachers in a high-need field in a high-need school served by the high-need LEA.LEA immediately following their successful completion of the residency program.

Requires the leadership development program to include: (1) preparing students for careers as school administrators;leaders; (2) a preservice clinical education program; (3) an induction program for new administrators;school leaders; and (4) administratorschool leader recruitment mechanisms. Includes in such program, in addition to students, any mid-career professionals from outside the field of education who possess strong content knowledge or a record of professional accomplishment, and current teachers who aspire to be principalsschool leaders or principalsschool leaders who aspire to be superintendents.

Allows partnership grantees to use grants for the pre-baccalaureate teacher preparation and teaching residency programs to improve the quality of such programs by partnering with entities that develop digital educational content.

Requires partnership grantees to provide an amount equal to the amount of the grant from nonfederal sources for program activities, unless the Secretary grants them a hardship waiver.

Adds programs that offer alternative routes to state certification and licensure to the teacher preparation programs that must provideare the subject of annual reports which IHEs must provide to their states and the public, and states must provide to the Secretary and the public, concerning certain measures of program effectiveness, such as student success on certification or licensure assessments. Requires IHEs to include in such reports information concerning their goals for increasing the number of prospective teachers trained in teacher shortage areas. Prohibits the Secretary from using such information to create a national list or ranking of states, institutions, or schools.

Requires title IV-eligible IHEs that provide teacher training and enroll students who receive HEA assistance to set annual quantifiable goals for: (1)for increasing the number of prospective teachers trained in teacher shortage areas; and (2) linkingareas designated by the training they provide more closely withSecretary or by the needsState, including mathematics, science, special education, and instruction of schools and the instructional decisions new teachers face in the classroom. Directs such IHEs to report publicly on their performance toward such goals. limited English proficient (LEP) students.

ReauthorizesAuthorizes appropriations for the Teacher Quality Partnership grant program for FY2009-FY2011.

Replaces the Preparing Tomorrow's Teachers to Use Technology program of part B of title II with the Preparing Teachers for Digital Age LearnersEnhancing Teacher Education program.

Authorizes the Secretary to award to consortia of IHEs, states or LEAs, and entities able to assist in the technology-related reform of teacher preparation programs: (1) partnership grantsappropriations for developing long-term partnerships among consortium members that are focused on effective teaching with modern digital tools and content that connect preservice teacher preparation with high-needs schools; or (2) transformative grantssuch program for transforming the way departments, schools, and colleges of education teach classroom technology integration to teacher candidates.FY2009-FY2014.

LimitsEstablishes a Preparing Teachers for Digital Age Learners program authorizing the federal shareSecretary to award to consortia of IHEs, states or LEAs, and entities able to assist in the technology-related reform of teacher preparation programs: (1) partnership grants for developing long-term partnerships among consortium members that are focused on effective teaching with modern digital tools and content that connect preservice teacher preparation with high-need schools; or (2) transformative grants for transforming the way departments, schools, and colleges of any project's costeducation teach classroom technology integration to 75%. teacher candidates.

Authorizes appropriations forLimits the Preparing Teachers for Digital Age Learners program for FY2009-FY2011.federal share of any project's cost to 75%.

Creates a new Part C (Enhancing Teacher Education) to title IIEstablishes an Honorable Augustus F. Hawkins Centers of Excellence program authorizing the HEA. Secretary to award grants to certain minority-serving IHEs, or partnerships between such IHEs and other IHEs, to establish centers of excellence for teacher education.

Establishes a new Recruiting Teachers With Math, Science, or Language Majors program requiringRequires the Secretary to award competitiveuse of such grants to IHEs to improve the availability, recruitment,ensure that current and retention offuture teachers from among students majoringare highly qualified by: (1) reforming teacher preparation programs so that teachers are able to understand scientifically-based research and use advanced technology effectively in such subjects, special education, or those teaching Englishthe classroom; (2) providing preservice clinical experience and mentoring to LEP students. Gives grant priority to schools that focus on preparingprospective teachers, and retainingincreased interaction between IHE faculty and new and experienced elementary and secondary school teachers in subjects in which there is a shortageand administrators; (3) implementing initiatives to promote the retention of highly qualified teachers, prepareteachers and principals; (4) awarding need-based scholarships for students to teach in high-need schools,teacher preparation programs; (5) disseminating information on effective teacher preparation practices; and plan to seek matching funds from(6) conducting certain other governmental and nongovernmental sources. activities authorized under title II.

Establishes a new Community Colleges as Partners in Teacher Education GrantsTeach to Reach grant program authorizing the Secretary to award competitive grants to partnerships among community colleges, four-year IHEs,between IHEs and a state, LEA, or professional teacher organization for use in: (1) establishing or enhancing teacherhigh-need LEAs to more effectively prepare general education or postbaccalaureate certification programs at community colleges; and (2) developing and delivering professional development for teachers. Gives grant priorityteacher candidates to partnerships that aiminstruct disabled students in their classrooms. Requires such preparation to increase the diversificationinclude extensive clinical experience, with mentoring and induction support throughout participants' first year of full-time teaching. Requires grantees to evaluate their programs and the teacher workforce or prepare teachersSecretary to teach high-demand subjects oruse such evaluations to report to Congress and the public on best practices for instructing disabled students in high-need schools. general education classrooms.

Establishes a new Honorable Augustus F. Hawkins Centers of Excellencean Adjunct Teachers Corps program authorizing the Secretary to award competitive grants to certain minority-serving IHEs,LEAs or partnerships between such IHEsof LEAs and other IHEs,public or private educational organizations or businesses to establish centersrecruit and train individuals outside of excellence for teacher education.the elementary and secondary education system who have expertise in mathematics, science, or critical foreign languages to serve as adjunct content specialists in such subjects at secondary schools.

RequiresDirects the use of suchSecretary to make grants to ensure that current and future teachersIHEs to provide graduate fellowships to students who are highly qualified by: (1) reforming teacher preparation programs sopursuing studies that teachers are ablelead to understand scientifically-based research and use advanced technology effectivelydoctorates in the classroom; (2) providing preservice clinical experience and mentoringstudies that equip them to teach others to prospective teachers, and increased interaction between IHE faculty and new and experiencedbecome highly qualified elementary and secondary school teachersmathematics and science teachers, special education teachers, and administrators; (3) implementing initiativesteachers who provide instruction for LEP students. Requires fellowship recipients to teach, for a period of time equal to promote the retentionterm of highly qualified teachers and principals; (4) awarding need-based scholarships for students intheir grant, at IHEs that have teacher preparation programs; (5) disseminating information on effective teacher preparation practices; and (6) conducting certain other activities authorized under title II.programs.

Authorizes the Secretary to award a grant to Teach For America, Inc. to implement<b> Title III: Institutional Aid</b> - Revises and expand its programreauthorizes title III (Institutional Aid programs) of recruiting, selecting, training, and supporting new teachers who commit to teach for two years in underserved communities. Directs the Secretary to arrange a study, at least once every three years, examining the achievement levels of students taught by such teachers.HEA.

Authorizes(Sec. 301) Expands the Secretaryauthorized uses of institutional aid to award competitive grantsinclude remedial education, English language instruction, and educational or counseling services to a state forimprove the establishment of a State Early Childhood Education Professional Developmentfinancial and Career Task Force: (1) composedeconomic literacy of state, higher education, and early childhood education representatives; and (2) tasked with developing a plan for a comprehensive statewide early childhood education professional development and career system that includes the provision of postsecondary educational assistance to individuals who agree to work in early childhood education programs.students or their families.

Authorizes appropriations(Sec. 303) Establishes a formula grant program, including a minimum grant amount, for tribally controlled colleges and universities (replacing the Part C programscurrent competitive grant program). Authorizes the use of grant funds for: (1) acquiring adjacent property on which to construct instructional facilities; (2) instruction in tribal governance or tribal public policy; and (3) developing and improving facilities for FY2009-FY2013. (Sec. 202) DirectsInternet and other distance education technologies. Authorizes the Secretary to contract with the National Academyreserve 30% of Sciencesthe appropriations for a two-year studysuch colleges and universities to develop suggested best practices in teacher preparationaward one-year grants for schools of education.their construction, maintenance, and renovation needs.

<b> Title III: Title III Amendments</b> - Revises(Sec. 305) Establishes a new program awarding formula grants to Predominantly Black Institutions to: (1) enhance their capacity to serve more low- and reauthorizesmiddle-income Black American students; (2) expand higher education opportunities for students eligible for student assistance under title III (Institutional Aid programs)IV of the HEA.HEA by encouraging such students to prepare for college and persist in secondary and postsecondary education; and (3) strengthen their financial ability to serve the academic needs of such students.

(Sec. 301) Expands the authorized usesDefines Predominantly Black Institutions as accredited institutions serving at least 1,000 undergraduate students at least: (1) 50% of institutional aid to include educationalwhom are pursuing a bachelor's or counseling services to improve the financialassociate's degree; (2) 40% of whom are Black Americans; and economic literacy(3) 50% of studentswhom are low-income or their parents.first-generation college students. Requires the spending per full-time undergraduate student of such institutions to be low in comparison with that of institutions offering similar instruction.

(Sec. 302) Establishes a formulaAllows grant program, including a minimum grant amount, for tribally controlled colleges and universities (replacing the current competitive grant program). Authorizes therecipients to use up to 20% of their grant funds for: (1) acquiring adjacent property on whichan endowment fund, provided they raise nonfederal matching funds at least equal to construct instructional facilities; (2) assisting faculty to attain advanced degrees in tribal governance or tribal public policy; and (3) developing and improving facilitiesthe amount of the grant used for Internetsuch endowment. Allots funding among institutions on the basis of their share of Pell Grant recipients, graduates, and other distance education technologies.graduates pursuing a higher degree.

(Sec. 303) EstablishesEstablishes a new program awarding formula grants to Predominantly Black Institutions to: (1) enhance their capacity to serve more low- and middle-income Black American students; (2) expand higher education opportunitiesminimum allotment for students eligible for student assistance under title IV of the HEA by encouraging such studentseach institution which is to prepare for college and persist in secondary and postsecondary education; and (3) strengthen their financial abilitybe ratably reduced if appropriations are insufficient to serve the academic needs of such students. pay it.

Defines Predominantly Black Institutions as accredited(Sec. 306) Establishes a new competitive grant program for Native American-serving, non-tribal institutions serving at least 1,000 undergraduate students at least: (1) 50% of whom are pursuing a bachelor's or associate's degree; (2) 40% of whom are Black Americans;to enhance their capacity to serve Native Americans and (3) 50% of whom are low-income or first-generation college students.individuals. Requires the spending per full-time undergraduate student enrollment of Native Americans at such institutions to be low in comparison to thatat least 10% of institutions offering similar instruction. the total undergraduate enrollment.

AllowsSets the minimum grant recipients to use up to 20% of a grant on an endowment fund, provided they raise nonfederal matching funds at least equal to the amount of the grant used for such endowment. Allots funding among institutions on the basis of their share of Pell Grant recipients, graduates, and graduates pursuing a higher degree.$200,000.

Establishes(Sec. 307) Establishes a minimum allotmentnew competitive grant program for each institution, which isAsian American and Pacific Islander-serving institutions to be ratably reduced if appropriations are insufficientenhance their capacity to pay it.serve Asian American and Pacific Islander students and low-income individuals.

(Sec. 304) Establishes a new competitive grant program forDefines Asian American and Native American Pacific Islander-serving institutions to enhance their capacity to serveas accredited institutions with: (1) a significant enrollment of financially needy students; and (2) an enrollment of undergraduate students that are at least 10% Asian American and Native American Pacific Islander students. Requires the spending per full-time undergraduate student of such institutions to be low in comparison with that of institutions offering similar instruction.

Defines Asian American and Native American Pacific Islander-servingGives grant priority to institutions as accredited institutions that have a significant enrollment of financially needy students andwith an enrollment of undergraduate students that are at least 10% Asian American and Native American Pacific Islander students. Requires the spending per full-time undergraduate studentstudents at least 10% of such institutions to be low in comparison to that of institutions offering similar instruction. which are low-income individuals.

Gives(Sec. 308) Revises the grant priorityprogram for historically Black colleges and universities to institutions that serve a significant percentagedirect the Commissioner of low-income Asian Americanthe Bureau of Labor Statistics and the Secretary to consult with the Commissioner for Education Statistics in determining professional and Native American Pacific Islander students.academic areas in which blacks are underrepresented.

(Sec. 305) Establishes a new competitiveAuthorizes the use of grant programfunds for: (1) the acquisition of real property for Native American-serving, non-tribal institutionscampus facilities; (2) education or financial services information designed to enhance their capacity to serve Native Americans. Requiresimprove the undergraduate student enrollment of Native Americans at such institutions to be at least 10%financial literacy and economic literacy of students or their families; and (3) services necessary for the total undergraduate enrollment.implementation of approved projects or activities.

(Sec. 306) RevisesConditions the grant program foreligibility of historically Black colleges and universities to directfor grants on their furnishing the Commissioner ofSecretary with annual data indicating that in the Bureauprevious academic year they enrolled Pell grant recipients, graduated students, and, where appropriate, had graduates who, within five years of Labor Statistics and the Secretarygraduation, went on to consult with the Commissioner for Education Statisticsgraduate or professional school in determining professional and academic areasdisciplines in which blacksBlacks are underrepresented.

AuthorizesAuthorizes the use of grant funds by historically Black graduate and professional institutions for: (1) the acquisition of real property adjacent to the campus for campus facilities; (2) education or financial services information designed to improve the financial literacy and economic literacy of students or their parents; andfamilies; (3) technical assistance or services necessary for the implementation of approved projects or activities.

Conditions the eligibility of historically Black collegesactivities, and universities for grants on their furnishing the Secretary with certain data indicating that they have enrolled Pell grant recipients, graduated students in the previous(4) tutoring, counseling, and student service programs designed to improve academic year, and, where appropriate, sent some graduates on to graduate or professional school. success.

Adds to the list of eligible graduate and professional institutions. Increases the amount of appropriations reserved for grants to institutions on such list before such additions.

(Sec. 307)313) Increases the maximum and minimum Endowment Challenge grant available to certain minority-serving institutions.

(Sec. 308) Increases the principal amount314) Alters responsibilities of outstanding bonds for loans todesignated bonding authorities under the historically Black colleges and universities which may be federally insured.capital financing program.

(Sec. 309)Increases the principal amount of outstanding bonds for loans to historically Black colleges and universities which may be federally insured under such program.

Requires the Secretary to: (1) ensure that the selection process for the designated bonding authority is competitive and transparent; and (2) review the performance of the designated bonding authority after the third year of the insurance agreement to determine if such selection process should be revamped.

Requires the Secretary to report to Congress on the Department's progress in implementing the recommendations made by the Government Accountability Office (GAO) in October 2006 for improving the Historically Black College and Universities Capital Financing program.

Alters the size and composition of the HBCU Capital Financing Advisory Board. Requires the Board to advise the Secretary and Congress on construction financing issues facing historically Black colleges and universities and the feasibility of reducing their borrowing costs under the capital financing program.

(Sec. 315) Establishes a new YES Partnerships grant program for partnerships of IHEs, high-need LEAs, and community organizations to encourage underrepresented minority or low-income students in kindergarten through grade 12 to pursue careers in science, technology, engineering, and mathematics (STEM) through outreach and hands-on, experiential-based learning projects.

Allows the Secretary to contract with a advertising firm to implement a campaign encouraging: (1) young Americans to enter STEM fields, particularly Latin-Americans, African-Americans, and women underrepresented in such fields; and (2) professionals in those fields to teach such subjects to elementary and secondary school students.

(Sec. 310) Allows316) Moves the Secretary to provide technical assistance to institutions desiring a grantStrengthening Historically Black Colleges and Universities and Other Minority-Serving Institutions program, created under the College Cost Reduction and Access Act, from title III. IV to title III of the HEA.

(Sec. 311)317) Allows the Secretary to waive, for FY2009-FY2013, the application of specified title III requirements for certain minority-serving IHEs affected byprovide technical assistance to institutions desiring a Gulf of Mexico hurricane disaster.grant under title III.

(Sec. 312) Authorizes318) Directs the Secretary to waive, for FY2009-FY2011, the application of specified title III requirements for IHEs affected by a Gulf of Mexico hurricane disaster that were receiving title III appropriationsassistance at the time of such disaster. Allows the Secretary to waive such requirements for FY2009-FY2013.FY2012 and FY2013.

Sets a $200,000 minimum on(Sec. 319) Authorizes title III grants.appropriations for FY2009-FY2014.

<b>Title IV: Title IV Amendments</b>Student Assistance</b> - Revises and reauthorizes title IV Student Assistance programs<b>.</b>

<b> Part<b>Part A: Part A Amendments</b>Grants to Students in Attendance at Institutions of Higher Education</b> - (Sec. 401) IncreasesSets the authorized annual maximum Pell Grant award to $9,000 throughat $6,000 for academic year 2013-2014.2009-2010, $6,400 for academic year 2010-2011, $6,800 for academic year 2011-2012, $7,200 for academic year 2012-2013, $7,600 for academic year 2013-2014, and $8,000 for academic year 2014-2015.

Sets the minimum Pell Grant (currently $400) at 10% of the appropriated maximum grant level for that academic year; but allows the award of a grant equal to 10% of such level if students are eligible for a grant between 5% and 10% of such level.

Allows the awarding of an additional Pell Grant during a single award year to certain students who attend school year-round to accelerate their progress toward a degree or certificate.

Prohibits from receiving a Pell Grant any persons subject to involuntary civil commitment after incarceration for a forcible or non-forcible sexual offense.

Limits the period during which a student may receive Pell Grants to 18 semesters or the equivalent. Provides that, for students who are not enrolled full-time, only the fraction of time enrolled shall count toward such limits.

LimitsEliminates the period during which a student may receiveexpected family contribution used in determining Pell Grants to 18 semesters or 27 quarters. Provides that for students who are not enrolled full-time, onlyGrant eligibility in the fractioncase of time enrolled shall count toward such limits. a student applicant whose parent or guardian was killed while performing military service in Iraq or Afghanistan after September 11, 2001.

Broadens(Sec. 402) Makes July 1, 2009, the array of students eligibleeffective date for amendments to the Academic Competitiveness grants and National Science and Mathematicsgrant program made by the Ensuring Continued Access to Retain Talent (SMART)Student Loans Act of 2008. Requires that, on or after such date, first or second year students desiring such grants to include: (1) part-time students; (2) non-citizens; (3) students enrolledmust have completed rigorous secondary school college preparatory curricula either recognized as such by appropriate officials, consistent with state law, or by the Secretary in certificate-awarding programs; (4) first-year students whoregulations which were previously enrolled in undergraduate education; and (5) students enrolled in IHEs that do not permit declaration of a major, but who are studying one of the requisite subjects or have a cumulative grade point average of at least 3.0 in the relevant coursework. effect on May 6, 2008.

(Sec. 402)403) Reauthorizes appropriations for TRIO programs (of grants and contracts designed to identify qualified individuals from disadvantaged backgrounds and help prepare them for a program of postsecondary education) for FY2009-FY2013.FY2009-FY2014.

Makes community-based organizations with experience in serving disadvantaged youth eligible for TRIO grants and contracts. Eliminates the requirement that there be exceptional circumstances before secondary schools are eligible recipients of such grants and contracts.

RequiresExtends the duration of TRIO grant applicantsgrants to ensure that foster care youth receive supportive services.five years. Sets the minimum grant at $200,000, except for staff training and development programs.

Allows homeless or unaccompanied youthProhibits the Secretary from providing assistance to participate inan otherwise eligible program that has fraudulently used TRIO programs.funds.

Extends the duration ofRequires TRIO grants to five years. Sets the minimum grant at $200,000, except for staff trainingapplicants to ensure that homeless and developmentfoster care youth, including youth who leave foster care after reaching age 13, receive program services. Makes such youth eligible to participate in TRIO programs.

Directs the Secretary to establish outcome criteria for such programs. issue guidance regarding the rights and responsibilities of TRIO applicants during the application and evaluation process.

Allows applicants who were not fundedEstablishes an appeals process for a TRIO program to appeal the Secretary's decision to an administrative law judge. applicants.

Prohibits veterans ofDirects the Armed Forces Reserves from being deemed ineligibleSecretary to participate in TRIO because of age if they served on active dutyestablish outcome criteria for a period of more than 180 days or in support of a contingency operation on or after September 11, 2001. such programs.

RequiresProhibits veterans of the SecretaryArmed Forces Reserves from being deemed ineligible to rescind the absolute priorityparticipate in TRIO because of age if they served on active duty for Upward Bound Program participant selection and evaluation published by the Departmenta period of more than 30 days or in the Federal Registersupport of a contingency operation on or after September 22, 2006. 11, 2001.

Includes Native HawaiiansRevises required activities and Pacific Islanders inpermissible activities under TRIO programs. Authorizes and, for many TRIO programs, requires the Postbaccalaureate Achievement programuse of funds for services designed to provide disadvantaged college students with effective preparation for doctoral study.improve the financial and economic literacy of students.

(Sec. 403) Reauthorizes appropriationsPermits TRIO programs that are designed specially for Gaining Early Awareness and Readiness for Undergraduate Programs (GEARUP) for FY2009-FY2013. students who are: (1) LEP; (2) from groups that are traditionally underrepresented in postsecondary education; (3) disabled; (4) homeless; (5) in foster care or aging out of foster care; or (6) other disconnected students.

Allows Prohibits the Secretarydenial of TRIO Upward Bound program participation to award seven-year GEARUP grants.students who enter the program after the ninth grade.

Requires granteesthe Secretary to provide students withdiscontinue the absolute priority for Upward Bound program participant selection and evaluation published by the Department in the option of receiving services through their first year at an IHE. Federal Register on September 22, 2006.

Requires grantees, if they do not use a cohort approachIncludes Alaska Natives, Native Hawaiians and Native Pacific Islanders in providing GEARUP services,the Postbaccalaureate Achievement program designed to treat foster care, homeless, and unaccompanied youth as priorityprovide disadvantaged college students with effective preparation for participation in GEARUP.doctoral study.

Allows GEARUP applicants or grantees to request reduced matching requirements due to unforeseen changes in circumstances. Treats every nonfederal dollar spent to provide GEARUP students with financial assistance(Sec. 404) Reauthorizes appropriations for postsecondary education as $2.00Gaining Early Awareness and Readiness for the purpose of satisfying the matching requirement.Undergraduate Programs (GEARUP) for FY2009-FY2014.

Includes among permissible GEARUP activities: (1) special programs or tutoringDisabled students in science, technology, engineering, or mathematics; (2) financial and economic literacy education or counseling; (3) promotion of the importance of a college education; and (4) state provision of technical assistance to elementary and secondary schools, and GEARUP partnerships.program.

Provide thatAllows the Secretary to award six-year GEARUP scholarships aregrants or seven-year grants to grantees that provide services to supplement aid for which students are regularly eligible. Alters the formula for determining the minimum GEARUP scholarship.through their first year in college.

(Sec. 404) RepealsRequires grantees to provide: (1) students with the Academic Achievement Incentive Scholarships program.option of receiving services through their first year at an IHE, if the provision of such services was described in their grant application; and (2) services to students who have received services under a previous GEARUP grant, but have not yet completed the 12th grade.

(Sec. 405) Reauthorizes appropriations for federal Supplemental Educational Opportunity Grants (SEOG) for FY2009-FY2013. IncreasesAllows GEARUP applicants or grantees to request reduced matching requirements. Allows grantees to count toward the allowance for booksmatching requirement amounts contributed to, and supplies in determining cost of attendance under SEOG.administrative costs for, GEARUP student scholarships.

(Sec. 406) Reauthorizes appropriations for the Leveraging Educational Assistance Partnership (LEAP) Program for FY2009-FY2013. Increases the maximum LEAP grant from $5,000 to $12,500. Revises required activities and permissible activities under GEARUP.

ReplacesIncludes among permissible GEARUP activities: (1) support for dual or concurrent enrollment programs between secondary school and IHE partners; (2) provision of intensive extended school day, school year, or summer programs; (3) special programs or tutoring in science, technology, engineering, or mathematics; (4) promotion of the importance of a college education; and (5) enabling eligible students to enroll in Advanced Placement, International Baccalaureate, or college entrance examination preparation courses. Lists permissible GEARUP activities by state grantees.

Requires eligible entities, if they do not use a cohort approach in providing GEARUP services, to treat certain types of low-income, homeless, or disconnected students as priority students for participation in GEARUP.

Requires a certain portion of state GEARUP funds to be used for scholarships. Alters the formula for determining the minimum GEARUP scholarship.

(Sec. 405) Repeals the Academic Achievement Incentive Scholarships program.

(Sec. 406) Reauthorizes appropriations for federal Supplemental Educational Opportunity Grants (SEOG) for FY2009-FY2014. Increases the allowance for books and supplies in determining cost of attendance under SEOG.

(Sec. 407) Reauthorizes appropriations for the Leveraging Educational Assistance Partnership (LEAP) Program for FY2009-FY2014. Increases the maximum LEAP grant from $5,000 to the lesser of $12,500 or the student's cost of attendance each academic year.

Replaces the Special Leveraging Educational Assistance Partnership (SLEAP) program with the Grants for Access and Persistence program. Requires state grantees to be in partnership with: (1) at least one public and one private IHE in the state;state, if applicable; (2) early information and intervention, mentoring, or outreach programs in the state; and (3) at least one philanthropic organization or business in the state. Requires such partnerships to: (1) coordinate the provision of financial assistance to low-income students; (2) provide need-based grants for access and persistence to eligible low-income students; (3) provide early notification to low-income students of their eligibility for financial aid; and (4) encourage such students' participation in early information and intervention, mentoring, or outreach programs.

Sets the federal share of funds for the Grants for Access and Persistence program at: (1) 57%, if the state partnership includes IHEs whose combined enrollment is less than half of the student enrollment in the state; and (2) 66.66%, if more than half of the students in the state are enrolled in a participating IHE.

(Sec. 407)408) Reauthorizes appropriations for special programs for students whose families are engaged in migrant and seasonal farmwork (the High School Equivalency program and the College Assistance Migrant Program, HEP/CAMP) for FY2009-FY2013.FY2009-FY2014.

Revises eligibility requirements for both programs to make it the students or their immediate family (currently, the students or their parents) which must engage in the requisite period of migrant and seasonal farmwork, rather than they or their parents. farmwork.

Includes preparation for college entrance examinations and activities to improve persistence and retention in postsecondary education among the services provided under the HEP program.

Adds economic or personal finance education, internships, and certain follow-up services to authorized CAMP activities.

Increases the minimum allocation for each project under both programs.

(Sec. 408) ReplacesRequires that when fiscal year HEP/CAMP appropriations equal or exceed $40 million at least 45% of those appropriations be devoted to the Robert C. Byrd Honors Scholarship program withHEP and at least 45% be devoted to the CAMP.

(Sec. 409) Reauthorizes appropriations for FY2009-FY2014 for the Robert C. Byrd American Competitiveness program composed of: (1) a Mathematics and Science Honors Scholarship program for students who are earning baccalaureate or advanced degrees in science, mathematics, or engineering and who agree to serve for five consecutive years in a field relevant to such degree; (2) a Mathematics and Science Incentive programProgram. Makes home-schooled children eligible under which the Secretary assumes the obligation to pay the interest due on FFELs and DLs by individuals who agree to serve for five consecutive years as highly qualified teachers of science, technology, engineering or mathematics within high need LEAs, or as mathematics, science, or engineering professionals; and (3) a Foreign Language Partnerships program awarding grants to partnerships of IHEs and LEAs to recruit and train critical foreign language teachers, and establish innovative opportunities for students to achieve proficiency in such languages as they advance from elementary school through college.program.

Authorizes(Sec. 410) Reauthorizes appropriations for suchthe Child Care Access Means Parents in School program for FY2009-FY2013. FY2009-FY2014.

(Sec. 409) Reauthorizes appropriations for the Child Care Access Means Parents in School program for FY2009-FY2013. IncreasesIncreases the minimum grant available to IHEs and decreases the amount of Pell Grant funds they must award each fiscal year to be eligible for such grants.grants, if fiscal year appropriations equal or exceed $20 million. Alters the definition of eligible low-income students to include those whose income makes themwho would be eligible for a Pell Grant.grants but for their enrollment in graduate level studies or their temporary status in this country. Requires program participants to report annually to the Secretary regarding their activities.

Requires the Secretary to publicize the availability of grants under such program.

(Sec. 410)411) Repeals the Learning Anytime Anywhere Partnerships program.

(Sec. 411)412) Requires TEACH grant applicants to be provided with a disclosure form regarding the service obligation attending such grants. Directs the Secretary to evaluate the effectiveness of TEACH grants.identify extenuating circumstances that would excuse grant recipients from service obligations.

<b>Part B: Federal Family Education Loans</b> - (Sec. 421) Extends federal insurance and interest subsidies on FFELs through FY2013, and through FY2017 for new FFELs providedDirects the Secretary to existing borrowers.submit biennial reports to Congress regarding the TEACH grant program.

(Sec. 423) Requires lenders, secondary markets, holders, or guaranty agencies to provide, upon request, free<b>Part B: Federal Family Education Loan</b> <b>Program</b> - (Sec. 421) Extends federal insurance and timely title IV student loan information to IHEs, or third party servicers workinginterest subsidies on FFELs through FY2014, and through FY2018 for IHEs,new FFELs provided to prevent loan defaults by current or former students. existing borrowers.

(Sec. 424) Directs lenders to disclose clearly and conspicuously to borrowers seeking to add federal Perkins Loans (PLs) to federal consolidation loans that they will lose all PL interest-free periods and cease to be eligible for PL cancellation owing to employment422) Excludes students' receipt of veterans' educational benefits, including benefits received under the Montgomery GI Bill, in certain public service jobs. determining their need for FFEL interest subsidies.

(Sec. 425) TurnsRequires lenders that provide student borrowers of unsubsidized FFELs with a loan deferment to inform such borrowers regarding the Loan Forgiveness for Child Care Providers program intoeffect such deferment will have on the Loan Forgiveness for Service in Areastotal cost of National Need program providing loan forgiveness under the FFEL and DL programs to certain full-time early childhood educators, nurses, foreign language specialists, librarians, highly qualified teachers, child welfare workers, speech-language pathologists, national service participants, school counselors, public sector employees, nutrition professionals, medical specialists, and mental health professionals. loan.

Authorizes appropriations for such program for FY2009-FY2013.Adds to the business inducements FFEL guaranty agencies are prohibited from offering IHEs and lenders to include stock or other securities, prizes, travel, entertainment expenses, and tuition payment or reimbursement. Prohibits guaranty agencies from performing or paying another person to perform any function the IHE is required to perform under the FFEL or DL programs.

(Sec. 426) Directs the SecretaryRequires FFEL lenders granting forbearance to assume the obligationborrowers to repay student loans under the FFEL, DL, and PL programsprovide them with information concerning its effect on behalf of civil legal assistance attorneys for the durationtotal cost of agreements between the Secretarytheir loan and such attorneys requiring their continued employment in such capacity forto keep them updated, at least three years. Authorizesonce every 180 days, concerning the Secretaryloan's accrual of interest and their option to enter into additional agreements with civil legal assistance attorneys who have completed their service obligation. discontinue forbearance at any time.

Authorizes appropriationsRequires guaranty agencies that receive default claims from FFEL lenders to provide defaulting borrowers with information regarding options for such program for FY2009-FY2013.removing their loans from default.

(Sec. 427) Requires423) Directs the Secretary, before agreeingSecretary to any proposed claims settlement exceeding $1 million,submit annually to askCongress an evaluation of the Attorney General to review its terms. effect voluntary flexibility agreements with guaranty agencies (providing such agencies with statutory or regulatory waivers) have on the FFEL program.

(Sec. 428) Requires guaranty agencies424) Authorizes lenders to develop specific delinquency and default prevention programs, and provide training for studentsPLUS FFELs to parents who, between January 1, 2007, and familiesDecember 31, 2009, are no more than 180 days delinquent on their home mortgages or medical bills, if they do not otherwise have adverse credit histories as determined pursuant to certain regulations in budgeting and financial management.effect before enactment of the Ensuring Continued Access to Student Loans Act of 2008.

(Sec. 429) Includes as eligibleAllows the deferral of PLUS FFEL lenders any nationalprincipal repayment by graduate or state chartered banks with assets of less than $1 billion that have as their primary consumer credit functionprofessional students and parents who are students until six months after the making or holding of student FFELs. date they cease to carry at least one-half the normal full-time academic workload.

(Sec. 430) Makes changes in the calculation425) Directs lenders to inform borrowers seeking to consolidate loans: (1) of IHEs' cohort default ratesrepayment terms, including the ability to prepay or change repayment plans; (2) whether FFEL or DL repayment-related benefits will be lost; (3) that certain Federal Perkins Loan (PL) interest-free periods and deferment and cancellation options will be lost; (4) that other lenders may offer different terms; and (5) that applying for FFELs. such loans does not oblige borrowers to take them.

DirectsRequires the Secretary of Education to collect and report cohort default rates and lifeoffer direct consolidation loans to eligible military personnel who want to avoid the accrual of cohort default rates for each category of IHE.interest on existing loans. (See section 451, below, which makes no-accrual DLs available to certain military personnel).

(Sec. 431) RequiresExtends the Secretary to accept documentation that the Department of Veterans Affairs has rated student borrowers as permanently and totally disabled as sufficient documentationauthority for the discharge of their FFELs.federal consolidation loans through FY2014.

<b>Part C: College Work/Study</b> - (Sec. 441) Reauthorizes appropriations for Work-Study (WS)(Sec. 426) Requires guaranty agencies and other holders of FFEL loans under default reduction programs for FY2009-FY2013.to request consumer reporting agencies to remove borrowers' records of default upon the sale of such loans. Limits the loan rehabilitation benefits available to borrowers under such programs to one time per loan. Requires default reduction programs to make financial and economic education materials available to borrowers who rehabilitate loans.

Allows WS funds(Sec. 427) Raises, from 10% to be used for activities that respond15%, the cohort default rate which IHE's must fall below to community needs, including disaster preparationbe exempt from FFEL multiple disbursement and response activities. first year student endorsement requirements.

Increases(Sec. 428) Clarifies that the allowance for books and supplies$2,000 increase (to $6,000) in determining cost of attendancethe maximum annual unsubsidized Stafford FFEL, provided under the WS program.Ensuring Continued Access to Student Loans Act of 2008, applies only to undergraduates.

(Sec. 442) Authorizes the Secretary to award grants to IHEs to supplement off-campus community429) Includes teachers employed by educational service employment. Gives grant priority to IHEs that support postsecondary students who assistagencies in early childhood education and disaster preparation and response activities. the FFEL forgiveness program for teachers.

Authorizes appropriations(Sec. 430) Turns the Loan Forgiveness for such grantChild Care Providers program into the Loan Forgiveness for FY2009-FY2013. Service in Areas of National Need program providing loan forgiveness under the FFEL and DL programs to certain full-time early childhood educators, nurses, foreign language specialists, librarians, highly qualified teachers, child welfare workers, speech-language pathologists and audiologists, school counselors, public sector employees, nutrition professionals, medical specialists, mental health professionals, dentists, individuals employed in engineering, technology, applied sciences, or mathematics, physical therapists, school superintendents, principals, or other administrators, and occupational therapists.

(Sec. 443) Revises work college requirements by: (1) referring to work college programs as comprehensive work-learning-service programs; (2) limiting eligibility to four-year degree-granting IHEs; and (3) requiring resident students, including at least half of all resident students enrolled on a full-time basis, to participate in a comprehensive work-learning-serviceAuthorizes appropriations for such program for at least five hours each week, or not less than 80 hours during each period of enrollment, unless they are engaged in study abroad or externship programs approved by the school. FY2009-FY2014.

<b>Part D: Federal Direct Student Loans</b> - (Sec. 451) Extends funding through FY2013(Sec. 431) Directs the Secretary to assume the obligation to repay student loans under the FFEL, DL, and PL programs on behalf of civil legal assistance attorneys for the costsduration of administeringagreements between the FFELSecretary and DL programs and paying FFEL account maintenance feessuch attorneys requiring their continued employment in such capacity for at least three years. Excludes Parent PLUS loans from such program. Authorizes the Secretary to guaranty agencies. enter into additional agreements with civil legal assistance attorneys who have completed their service obligation.

(Sec. 452) Clarifies the definition of public service jobsAuthorizes appropriations for the purpose of DL cancellationssuch program for public service employees.FY2009-FY2014.

(Sec. 453)432) Requires the Secretaryreports to ensure that monthly DL statementscredit bureaus (now to be referred to as credit reporting agencies) and other Department publications do not contain more than four digitsIHEs to include information regarding the repayment status of any individual's Social Security number. educational loans.

(Sec. 454)433) Requires the Secretary to: (1) arrange for an annual independent audit of loans and contractsSecretary, before agreeing to any proposed claims settlement under title IV exceeding $1 million, to ask the DL Program; (2) make publicly available annual and quarterly reports on the use of funds under the DL program; and (3) report annuallyAttorney General to Congress on the DL program's effect on the national debt.review its terms.

<b>PartAllows IHEs to use a master promissory note for FFELs and DLs.

(Sec. 434) Requires lenders, prior to or when disbursing FFELs, other than consolidated loans, to provide specified additional information to borrowers concerning repayment options, the consequences of choosing such options, and options for obtaining forbearance or forgiveness of such loans.

Directs FFEL lenders, at or before commencement of loan repayment, to provide specified additional information to borrowers concerning: (1) loan repayment options and benefits; (2) their right to change repayment plans during the repayment period; (3) options for avoiding or being removed from default; and (4) other known sources of loan repayment advice and assistance.

Requires FFEL lenders to provide borrowers with specified loan information: (1) for each payment installment period; (2) when they indicate that they are having difficulty making payments; and (3) when they are 60 days delinquent in making payments.

(Sec. 435) Requires FFEL guaranty agencies to provide training for students and families in budgeting and financial management.

(Sec. 436) Raises from 25% to 30%, beginning in FY2012, the cohort default rate at which IHEs become ineligible for title IV student loan programs if they meet or exceed such rate for each of the three most recent fiscal years. Sets forth an appeals process allowing IHEs that meet or exceed such rate to obtain regulatory relief by demonstrating exceptional mitigating circumstances.

Requires an IHE whose cohort default rate meets or exceeds such threshold in any fiscal year to establish a default prevention task force to prepare a plan to remedy the situation and revise such plan if the school's failure continues for a second consecutive fiscal year.

Raises from .0375 to .0625 the FFEL and DL participation rate index figure excepting from title IV student loan ineligibility based on its high cohort default rate any IHE that equals or falls below the participation rate index for any of the three most recent fiscal years.

Includes as eligible FFEL lenders any credit unions or national or state chartered banks with assets of less than $1 billion that have as their primary consumer credit function the making or holding of student FFELs.

Expands the activities disqualifying lenders from participation in the FFEL program, including: (1) offering specified inducements to IHEs; (2) performing certain uncompensated services for IHEs; and (3) entering into certain business arrangements with students or school financial aid employees.

Requires schools serving as FFEL lenders and lenders serving as school trustees to provide annual compliance audits to the Secretary.

Revises the calculation of IHEs' cohort default rates for FFELs.

Directs the Secretary to report cohort default data and life of cohort default rates for each category of IHE.

(Sec. 437) Requires the Secretary to discharge a borrower's liability under the FFEL and DL programs if a borrower, although not permanently and totally disabled, is unable to engage in any substantial gainful activity because of a medically determinable impairment which can be expected to result in death or last at least 60 continuous months. Allows the Secretary to develop anti-fraud safeguards.

Requires the Secretary to accept documentation that the Department of Veterans Affairs has determined that a student borrower is unemployable due to a service-connected condition as sufficient documentation for the discharge of such borrower's FFELs due to permanent and totally disability.

<b>Part C: Federal Work-Study</b> <b>Programs</b>- (Sec. 441) Reauthorizes appropriations for Work-Study (WS) programs for FY2009-FY2014.

Includes emergency preparedness and response among the community services students may participate in under WS programs.

(Sec. 442) Increases the allowance for books and supplies in determining cost of attendance under the WS program.

(Sec. 443) Allows IHEs receiving WS program funds to include civic education and participation projects. Requires IHEs to give priority to employing students in educating and training the public about evacuation, emergency response, and injury prevention strategies relating to natural disasters, acts of terrorism, and other emergencies. Allows the federal share of WS student compensation for such projects to exceed 75%.

(Sec. 444) Allows IHEs in major disaster-affected areas to pay disaster-affected students amounts equal to or less than the amounts such students would have been paid, for up to one academic year, had the students been able to complete their work obligation.

(Sec. 445) Increases the amount of its WS allocation which an IHE may use for job location and development.

(Sec. 446) Authorizes the Secretary to award grants to IHEs to supplement off-campus community service employment. Gives grant priority to IHEs that support postsecondary students who assist in early childhood education and disaster preparation and response activities.

Authorizes appropriations for such grant program for FY2009-FY2014.

(Sec. 447) Revises work college requirements by: (1) referring to work college programs as comprehensive work-learning-service programs; (2) limiting eligibility to four-year degree-granting IHEs; and (3) requiring resident students, including at least half of all resident students enrolled on a full-time basis, to participate in a comprehensive work-learning-service program for at least five hours each week, or not less than 80 hours during each period of enrollment, unless they are engaged in study abroad or externship programs approved by the school.

<b>Part D: Federal Direct Student Loan</b> - (Sec 451) Adds the income-based repayment plan adopted by the College Cost Reduction and Access Act to the list of repayment options available to DL borrowers.

Clarifies the definition of public service jobs for the purpose of DL cancellations for public service employees.

Requires the Secretary to ensure that monthly DL statements and other Department publications do not contain more than four digits of any individual's Social Security number.

Provides that no interest shall accrue on DLs disbursed after FY2007 to individuals who are serving on active duty or performing National Guard duty during a war or other military operation or national emergency and are serving in areas of hostilities in which service qualifies for special pay. Limits receipt of such benefit to 60 months.

Requires IHEs and contractors with which the Secretary has agreements under the DL program to comply with the loan disclosure requirements imposed on lenders under the FFEL program.

(Sec. 452) Extends funding through FY2014 for the costs of administering the FFEL and DL programs and paying FFEL account maintenance fees to guaranty agencies.

(Sec. 453) Clarifies that when the Secretary purchases an FFEL the guaranty agency that insured such loan ceases to have any rights or responsibilities with regard to such loan.

Directs the Secretary to submit quarterly reports and annual cost estimates to Congress on the FFEL purchase program authorized by the Ensuring Continued Access to Student Loans Act of 2008.

(Sec. 454) Includes teachers employed by educational service agencies in the DL cancellation program for teachers.

<b>Part E: Federal Perkins Loans</b> - (Sec. 461) Reauthorizes appropriations for PLsPerkins Loans (PLs) for FY2009-FY2013.FY2009-FY2014.

(Sec. 462) Increases the allowance for books and supplies in determining cost of attendance under the program.

(Sec. 463) Allows IHEs to refer PLs to the Secretary for collection, but limits the Secretary's authority to to require their assignment to the Secretary.

(Sec. 464) Increases: (1) the maximum PL amount a student may receive in an academic year to $5,500 for undergraduate students and $8,000 for graduate or professional students; and (2) aggregate limits on the unpaid principal amount of PLs made to a student,student to $60,000 for graduate or professional students, $27,500 for undergraduate students who have completed two years of undergraduate studies, and $11,000 for other students.

Requires the Secretary to cancel a borrower's liability under the PL program if the borrower, although not permanently and totally disabled, is unable to engage in any substantial gainful activity because of a medically determinable impairment which can be expected to result in death or last at least 60 continuous months. Cancels the liability of borrowers determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected disability. Allows the Secretary to develop anti-fraud safeguards regarding PL liability cancellation.

Requires documentation of PL forbearance agreements between IHEs and borrowers.

Allows defaulted PLs to be rehabilitated if the borrower makes 9nine (currently, 12) ontime, consecutive, monthly payments of amounts due.

(Sec. 465) Revises requirements for the cancellation of loans for certain public service to include service: (1) by full-time teachers employed by educational service agencies in locations that contain a high percentage of poor children; (2) in a prekindergarten or child care program; (2)(3) as a full-time attorney employed in a defender organization; (4) as a full-time firefighter; (3)(5) as a full-time faculty member at a tribal college or university; (4)(6) as a librarian with a master's degree working in an elementary school eligible for assistance under title I of the Elementary and Secondary Education Act (ESEA-I eligible) or in a public library serving an area containing an ESEA-I eligible school; and (5)(7) as a full-time speech language therapistpathologist with a master's degree working exclusively with ESEA-I eligible schools.

Provides loan cancellation for such occupations and for service in the armed forcesArmed Forces in an area of hostilities at the rate of 15% for the first or second year of service, 20% for the third or fourth year of service, and 30% for the fifth year of service.service (though loan cancellation for service in prekindergarten or child care programs is provided at the rate of 15% for each year of such service).

(Sec. 466) Expresses the sense of Congress that the PL program is an important part of federal student aid and should remain a campus-based aid program.

<b>Part F: Need Analysis</b> - (Sec. 471) Expands the definition of an allowance for room and board to include an allowance for expenses reasonably incurred for board, but not for room, for those students who receive a military housing allowance or live on base.

(Sec. 472) Includes an individual's nursing home or dependent care expenses or status as a dislocated worker within the special circumstances financial aid administrators may consider in analyzing an individual's need. Authorizes financial aid administrators to award unsubsidized FFELs or DLs to students whose parents have ended financial support and refuse to complete the Free Application for Federal Student Aid (FAFSA).

(Sec. 473) Defines total income for dislocated workers asAllows the estimated adjusted gross income plus estimated untaxed income minusSecretary to use tax return data from the estimated excludable incomesecond preceding tax year for the current tax year. purpose of designing a simplified needs application.

Prohibits, beginning in July 2010, veterans' education benefits from being included in the calculation of expected family contributions or as available financial assistance in title IV need analyses.

Excludes the value of on-base military housing or a military housing allowance from consideration as untaxed income or benefits in the need analysis formula.

Reduces, forIncludes as independent students individuals who were orphans, in foster care, or wards of the first year a student receives veterans'court at any time when they were at least 13 years old, or were emancipated minors or in legal guardianship immediately before attaining the age of majority.

Excludes earnings from IHE cooperative education benefits,work programs from need analyses.

<b>Part G: General Provisions Relating To Student Assistance</b> - (Sec. 481) Limits the factorSecretary's authority to waive the minimum weeks of instruction requirement for IHEs to IHEs that measure program length in credit or clock hours.

(Sec. 482) Directs the eligibility formula representing estimated educational financial assistance already received bySecretary to provide to IHEs before each award year a compliance calendar listing all reports and disclosures required under HEA, including specified information.

(Sec. 483) Requires the student bySecretary to make the amount of military pay deductions madeFree Application for such benefits.Federal Student Aid (FAFSA): (1) consumer-friendly, with the goal of 50% fewer data elements; (2) available in both paper and (downloadable) electronic formats; (3) flexible enough to permit applicants to enter data years before enrolling and selectively update information; and (4) include data elements relevant to state student aid determinations.

<b>Part G: General Provisions</b> - (Sec. 481) DirectsDirects the Secretary to provide to IHEs before each award yeardevelop a compliance calendar listing all reportssimplified paper and disclosures required under HEA, including specified information.(downloadable) electronic EZ FAFSA for applicants having no expected family contributions or for whom a simplified needs test applies.

(Sec. 482) RequiresDirects the Secretary to makeimplement an early application demonstration program assessing the Free Application for Federal Student Aid (FAFSA): (1) consumer-friendly, with the goalfeasibility and benefits of 50% fewer data elements; (2) available in both paper and (downloadable) electronic formats; (3) flexible enoughallowing dependent students to permit applicants to enter datacomplete a FAFSA or EZ FAFSA two years before enrolling and selectively update information; and (4) include data elements relevant to state student aid determinations.their enrollment in an IHE.

Directs the Secretary to develop a simplified paper EZ FAFSA foruse any savings accrued by moving more applicants having no expected family contributions and simplifiedto electronic FAFSAs for applicants to whom aincrease access to such forms by students who meet simplified needs test applies.or zero expected family contribution requirements.

DirectsRequires the SecretaryComptroller General to conductconvene a demonstration program assessingstudy group, that includes the feasibility and benefits ofSecretary, to assess further FAFSA simplifications allowing dependent students and families to apply for aid in their junior year of high school or two years before their enrollment in an IHE.supply substantially less income and asset information, such as by using tax return data to prepopulate the FAFSA.

(Sec. 484) Requires the Secretary, within one year of this Act's enactment,Secretary to developconvene a modelgroup to develop recommendations for IHE financial aid offer formforms that presentspresent in a consumer-friendly manner: (1) the student's cost of attendance; (2) the amount of financial aid that the student does not have to repay and the conditions under whichon such aid is renewable;aid; (3) the amount of work-study assistance the student is eligible to receive; (4) the amount and terms of title IV loans available to student and their parents; (5)loans; (4) the cost of attendance minus the financial aid offered; and (6)(5) where to seek additional financial aid information.

(Sec. 483) Directs the Secretary to use any savings accrued by moving more applicants to electronic FAFSAs to increase access to such forms by students who meet simplified needs test or zero expected family contribution requirements.485) Revises requirements for student eligibility for title IV assistance.

(Sec. 484) UrgesRequires the Secretary and the Secretary of the TreasuryIHE to developdetermine, for each student who is not a process allowinghigh school graduate, that the Department, withstudent has the applicant's permission,ability to completebenefit from the FAFSA and provide early estimateseducation or training it offers, upon satisfactory completion of aid eligibility by drawing income information directly fromsix credit hours or the Internal Revenue Service (IRS). equivalent coursework applicable to a degree or certificate it offers.

(Sec. 485) Makes citizensAllows the Secretary, in cooperation with the Secretary of Palau eligible for Pell Grants until September 30, 2009.the Treasury, to use applicants' tax return data to prepopulate FAFSAs and verify the information reported on such applications. Authorizes the Secretary to condition applicants' receipt of title IV assistance on their consenting to the release of such tax return data.

Makes students convicted of a drug offense eligible for assistance under the title IV or WS programs if they pass two unannounced drug tests conducted by a drug rehabilitation program.

Sets forthMakes eligible for HEA student aid eligibility requirements forany intellectually disabled students with intellectual disabilities who are eligiblehave been accepted for assistance under the Individuals with Disabilities Education Act (IDEA)enrollment and have completed secondary school, or are not eligiblemaintaining satisfactory progress in an IHE comprehensive transition and postsecondary education program for such assistance due to their exceeding the maximum age. students.

Requires the Secretary to analyze FAFSA data and report to Congress regarding the number, characteristics, and circumstances of students denied federal student aid based on drug convictions while receiving such aid.

(Sec. 486) Provides that a borrower may not raise a defense based on infancy against an IHE collecting an obligation under the PL program. Provides that, if a student is deceased, neither the student's estate nor family's estate is required to repay any title IV assistance or related costs.

(Sec. 487) Requires IHEs to justify any policy requiringreadmit students who aretake a membersleave of absence to perform active military service at the armed forces and whose school attendance is interrupted by active dutysame academic status they had attained prior to applysuch service, provided their cumulative absence for readmission after the conclusion of such active duty. service does not exceed five years.

(Sec. 488) Adds to the institutional information IHEs must provide by including information on:disclose to current and prospective students and, in certain cases, their employees or the public: (1) plans for improving their academic programs; (2) policies and sanctions related to copyright infringement; (2) acts(3) student body diversity; (4) graduate employment; (5) the types of intimidation, simple assault, larceny-theft,graduate and property destructionprofessional education pursued by graduates; (6) fire safety practices and standards; (7) their undergraduate student retention rates; (8) their policies regarding vaccinations; (9) additional categories of hate crimes occurring on or off campus; (3)(10) immediate emergency response and evacuation procedures; (4)(11) transfer of credit policies; (5) fire safety practices and standards; and (6)(12) penalties for student drug violations.

Sets forth requirements regarding such emergency responseRequires IHEs to disaggregate completion and evacuation procedures, including thegraduation rate data by student gender, race and ethnicity, receipt of a Pell Grant, receipt of a subsidized FFEL or DL but not a Pell Grant, and non-receipt of a Pell Grant or subsidized FFEL or DL. Makes this requirement that such procedures be tested on an annual basis.inapplicable to two-year IHEs until the 2011-2012 academic year.

Requires IHEs to: (1) include on registration or enrollment forms an item allowing students to identify an individual they wishSets forth requirements regarding emergency response and evacuation procedures, including the school to contact if the student is reported missing; (2) establish protocols requiringrequirement that missing person reports regarding studentssuch procedures be referred to the school's police or campus security department; and (3) if the student has been missing for over twenty-four hours, contact the individual identified by the student or the parent of the student if the student is under age 18.tested on an annual basis.

(Sec. 489) Directs the Secretary to provide technical assistance to states andRequires IHEs to develop, enhance,inform prospective and implement, comprehensive articulation agreements among such IHEs in a state,enrolled students of the terms and (toconditions of FFELs, DLs, and PLs. Adds to the extent practicable) across state lines, by 2010.exit counseling information schools must provide to student borrowers. Requires certain information regarding: (1) costs and repayment terms, including the Secretaryability to studyprepay or change repayment plans; (2) loan forgiveness and report to Congressforbearance options; (3) the consequences of defaulting on a loan; (4) the implementationeffects of consolidating such agreements.loans; (5) available tax benefits; and (6) the availability of the National Student Loan Data System for use in obtaining information on their loan status.

(Sec. 490) RequiresRequires IHEs that enter into preferred lender arrangements to make available to develop missing person procedures for students and parents preferred lender lists that:living on-campus that include: (1) includeallowing students to identify an individual they wish the model disclosure form information that preferred lenders must provideschool to such schools;contact if the student is reported missing; (2) fully discloserequiring missing person reports regarding students to be referred to the reason for each lender's inclusionschool's police or campus security department; and the students' right to choose other lenders; (3) include at least three unaffiliated lenders and, ifcontacting the school promotesindividual identified by the student or endorses private educational loans, at least two unaffiliated lendersthe parent of such loans; and (4) prominently disclose the process used to ensure that lenders are selected onstudent, if the basis ofstudent is under age eighteen and unemancipated, if the benefits they provide borrowers.student has been missing for over 24 hours.

Requires IHEs to: (1) report annuallyIHEs, at or before disbursing a FFEL or DL to a first-time student borrower, to ensure that the Secretaryborrower receives comprehensive information on the numberterms and percentageconditions of students taking classes on-line or through distance education, and the number and percentage of courses they offer on-line or through distance education; and (2) disclose to alleged victims of violent crime or non-forcible sex offenses, or to their next of kin if they have died,loan as well as the final results of any disciplinary proceedings against alleged student perpetrators of such crimes.borrower's responsibilities.

Subjects(Sec. 489) Direct the Secretary to sanctions any proprietary IHEs that do not earntake actions necessary to maintain confidence in the National Student Loan Data System, at least 10% of their revenuea minimum: (1) ensuring that guaranty agencies, lenders, and schools access it primarily for legitimate program operations; (2) prohibiting nongovernmental researchers or policy analysts from non-title IV sources (the 90/10 rule), including suspensionaccessing personally identifiable information; (3) creating a disclosure form for actual and potential students describing the contents of, and access to, the system; (4) requiring guaranty agencies, lenders, and schools to inform borrowers of their title IV eligibility after two consecutive years of noncompliance. ContinuesFFELs, DLs, and PLs that such suspension for at leasta loan will be submitted to the three fiscal years followingsystem and accessible to such entities; (5) reviewing the fiscal year in which they become ineligible.system regularly to delete inactive users, monitor use, and ensure that data is not used for marketing purposes; and (6) developing standardized protocols for limiting access.

Set forth rules forRequires the calculationSecretary to study and report to Congress on: (1) mechanisms giving borrowers the option of non-title IV revenue.restricting lender access to their system records; and (2) appropriate risk-based protocols for limiting access.

Requires(Sec. 490) Directs the Secretary to identify on the College Navigator website any IHE that failsimplement a comprehensive system of early financial aid information in order to meet the 90/10 rule. provide students and families with early information about financial aid and early estimates of such students' eligibility for financial aid from multiple sources.

Requires(Sec. 492) Directs the Secretary to provide technical assistance to states and public IHEs to establish policies, which may include forensic scrubs, on the disposal or disposition of all technology assets which may contain personaldevelop, enhance, and sensitive data of their students. implement, comprehensive articulation agreements among such IHEs in a state, and (to the extent practicable) across state lines, by 2010.

Permits the Secretary to modify audit(Sec. 493) Revises requirements for foreign IHEs, and waive such requirements for foreign IHEs that have loan volumes under $500,000. title IV program participation agreements.

Requires an additional compliance auditSubjects to sanctions any proprietary IHEs that do not earn at least 10% of an IHE if more than 5%their revenue from non-title IV sources (the 90/10 rule), including suspension of its students receivetheir title IV or WS assistance without having graduated from secondary school. eligibility after two consecutive years of noncompliance. Continues such suspension for at least two institutional fiscal years.

(Sec. 491) DirectsSets forth rules for the Secretary to continue the voluntary participationcalculation of any experimental site in existence as of July 1, 2007, under the Quality Assurance program (which allows certain IHEs to implement their own comprehensive student aid management systems), unless the site fails to satisfy the program's purposes.non-title IV revenue.

(Sec. 492) Includes amongRequires the duties of the Advisory CommitteeSecretary to disclose on Student Financial Assistance, monitoring the adequacyCollege Navigator website the identity of total need-based aid availableany IHE that fails to low-meet the 90/10 rule and moderate-income students. Authorizes the Committee through FY2011. extent of its failure.

(Sec. 495) RequiresRequires IHEs to: (1) make information available to develop, publicize, and enforce codes of conduct for their studentsofficers, employees, and employees regarding the illegal downloading and distributionagents that prohibit conflicts of copyrighted materials; and (2) develop plansinterest with respect to provide alternatives to, and deter, such illegal downloading. educational loans.

Authorizes the SecretaryProhibits IHE financial aid personnel from: (1) soliciting or accepting gifts from lenders, guarantors, or servicers of educational loans; (2) accepting any compensation for providing services to award competitive grants to IHEsor for lenders; and (3) receiving anything other than reasonable expenses for serving on advisory groups established by lenders or guarantors. Requires the implementation of programsDepartment's Inspector General to prevent the illegal downloadingreport to Congress and distribution of intellectual property. publicize annually any substantiated gift ban violation.

Authorizes appropriationsBars IHEs from: (1) entering into revenue sharing agreements with lenders; (2) assigning a first-time borrower's loan to a particular lender or blocking a borrower's selection of a particular lender or guaranty agency; (3) requesting or accepting lenders' offers of funds for such grant programprivate student loans in exchange for FY2009-FY2013. business concessions or status as preferred lenders of title IV loans; or (4) requesting or accepting lender assistance with call center or financial aid office staffing, except in certain emergencies. Prohibits lenders from making such offers.

<b>Part H: Program Integrity</b> - (Sec. 496) Revises requirements for recognitionRequires IHEs to disclose to alleged victims of an accrediting agencyviolent crime or association.non-forcible sex offenses, or to their next of kin if they have died, the final results of any disciplinary proceedings against alleged student perpetrators of such crimes.

Requires accreditors: (1) where applicable, to demonstrateIHEs that their standards effectively address an IHE's distance education programs, without requiring thementer into preferred lender arrangements to have separate distance education standards; (2)make available to confirm that an IHE has publicly disclosed transfer policies thatstudents and parents preferred lender lists that: (1) include a statement of the IHE's criteria regardingminimum FFEL information the transfer of credit earned at another IHE; and (3)Secretary determines must be provided to take into considerationstudents and address a school's responseparents; (2) fully disclose the reason for each lender's inclusion and the students' and parents' right to any reviewchoose other lenders; (3) include at least three unaffiliated lenders and, if the school promotes or determination. endorses private education loans, at least two unaffiliated lenders of such loans; and (4) prominently disclose the process used to ensure that lenders are selected on the basis of the borrowers' best interests.

Prohibits accreditors from making a determination or taking adverse action basedDirects IHEs to provide applicants for private education loans, upon an unpublished or undocumented policy, practice, or precedent. their request, with a specified form required under the Truth in Lending Act and the information the schools possess which is needed to complete such form.

RequiresRequires IHEs to submit teach-outto: (1) develop plans for accreditor approval when they are to be sanctioned for violating student aid participation agreements, losing their accreditation,effectively combat the unauthorized distribution of copyrighted material; and (2) offer alternatives to illegal downloading or intend to cease operations. peer-to-peer distribution of intellectual property.

Prohibits this section from being construed as authorizingPermits the Secretary to issue regulations regarding the specific standards an accreditor uses to assess an IHE.modify audit requirements for foreign IHEs, and waive such requirements for foreign IHEs that have title IV loan volumes under $500,000.

(Sec. 497) Establishes an Accreditation OmbudsmanRequires IHEs whose access to addresstitle IV funds is being limited, suspended, or terminated to prepare written teach-out plans that provide for the grievancesequitable treatment of those involved instudents if the accreditation process.school ceases operation before all students complete their studies.

(Sec. 498) Sets forth additional requirements for accreditors regarding494) Directs the Secretary to continue the voluntary participation of any experimental site in existence as of July 1, 2007, under the Quality Assurance program review and data.(which allows certain IHEs to implement their own comprehensive student aid management systems), unless the site fails to satisfy the program's purposes.

Requires the Secretary(Sec. 494A) Allows IHEs to provide an IHE with an adequate opportunitytransfer up to review and respond25% of their WS program allotment to anytheir PL program review report,allotment and materials relevantup to such report, before a final program review determination is reached. 25% of their SEOG allotment to their WS program.

(Sec. 499) Directs494B) Includes among the Secretary and the Secretaryduties of the Treasury to evaluate a pilot program forAdvisory Committee on Student Financial Assistance: (1) analyzing the auctionadequacy of FFEL PLUS loans, which isneed-based grant aid to be conducted by the Secretary,low- and moderate-income students and reporttheir postsecondary enrollment and graduation rates; (2) developing an information clearinghouse to Congress regardinghelp IHEs navigate the costsregulatory landscape; (3) reviewing and benefits of such auctionanalyzing regulations; and the desirability of auctioning other FFELs. (4) studying innovative pathways to baccalaureate degree attainment.

<b>Title V: Title V Amendments</b> - RevisesIncludes among the title V Developing Institutions grant programCommittee's purposes improving understanding of early intervention programs and making recommendations that result in increased availability and awareness of aid, and help streamline regulations for Hispanic-serving institutions.IHEs.

(Sec. 501) Creates a new part B (Promoting Postbaccalaureate Opportunities for Hispanic Americans) program authorizingReauthorizes the Secretary to award competitive grants to Hispanic-serving institutions that are making substantive contributions to graduate educational opportunities for Hispanic students. Committee through FY2014.

Sets(Sec. 494C) Includes state student grant agencies and individuals with subject matter expertise in the minimum title V grant amount at $200,000.IV and WS rulemaking process.

Authorizes the use<b> Part H: Program Integrity</b> - (Sec. 495) Revises requirements for recognition of title V funds to improve the financial and economic literacyan accrediting agency or students or their parents.association.

Reauthorizes title V appropriations for FY2009-FY2013.Requires accreditors, where applicable, to demonstrate that their standards effectively address an IHE's distance education programs; but does not require separate distance or correspondence education standards.

<b>Title VI: Title VI Amendments</b> - RevisesRequires accreditors to: (1) demonstrate, where applicable, that their standards effectively address an IHE's distance education or correspondence programs (without requiring them to have separate standards for such programs); (2) consider different standards of success developed by different IHEs; (3) consider updated financial information before taking final adverse action against an IHE, if the original information was material to the decision to take such action; (4) monitor the growth of programs at IHEs that are experiencing significant enrollment growth; and reauthorizes title VI International Education programs.(5) confirm that an IHE has publicly disclosed transfer policies that include a statement of the IHE's criteria regarding the transfer of credit earned at another IHE.

(Sec. 601) Revises requirementsRequires IHEs to submit teach-out plans for graduate and undergraduate language and area centers and programs. Includes among authorized activities: (1) supporting instructors of the less commonly taught languages; (2) projects that support in students an understanding of science and technology in coordination with foreign language proficiency; and (3) center partnerships with LEAs and elementary and secondary schoolsaccreditor approval when they are to increasebe sanctioned for violating student knowledge of foreign languages and world regions. aid participation agreements, losing their accreditation, or intend to cease operations.

Makes undergraduates eligible for fellowships for foreign language and areaProhibits the Secretary from issuing regulations regarding the specific standards an accrediting agency or international studies.association uses to assess an IHE.

Revises requirements(Sec. 496) Provides for undergraduate international studies and foreign language programs. Authorizes grant recipients to use up to 10%special treatment of their grant for educational programs abroad that promote foreign language fluency and knowledge of world regions.teach-outs at additional IHE locations.

Revises the technological innovation and cooperation(Sec. 497) Sets forth additional requirements for foreign information accessaccreditors regarding program to authorize grants to partnerships between IHEs or librariesreview and nonprofit educational organizations, including museums. Authorizes the use of grant funds to purchase foreign information and establish linkages with foreign institutions to facilitate access to such information. Allows the Secretary to reduce or waive the cost-sharing requirement for certain IHEs receiving assistance under title III or V.data.

Reauthorizes appropriations under part A (InternationalRequires the Secretary to provide an IHE with an adequate opportunity to review and Foreign Language Studies) of title VI for FY2009-FY2013. respond to any program review report, and materials relevant to such report, before a final program review report is issued.

(Sec. 602) Authorizes IHE centers<b>Part I: Competitive Loan Auction Pilot Program</b> - (Sec. 499) Directs the Secretary and the Secretary of the Treasury to evaluate a pilot program for international business educationthe auction of FFEL PLUS loans, which is to use grant fundsbe conducted by the Secretary, and report to work with foreign countriesCongress regarding auction costs and benefits and the feasibility of auctioning other FFELs. Requires the winning bidders in each state to encourageagree to accept a special allowance payment (which compensates lenders for the advancementdifference between FFEL interest rates and understanding of cultural, technological management, and manufacturing software systems. market rates) for such loans in the amount proposed in the second lowest winning bid in such state.

Allows<b>Title V: Developing Institutions </b> - Revises the Secretary to reduce or waive the cost-sharing requirements under part B (Business and International Education Programs) of title VIV Developing Institutions grant program for certain IHEs receiving assistance under title III or V of the HEA. Hispanic-serving institutions (HSIs).

Reauthorizes appropriations for FY2009-FY2013 for such programs, including centers for international business(Sec. 501) Includes among authorized uses of funds: (1) innovative, customized courses which may include remedial education and educationEnglish language instruction; (2) articulation agreements and student support programs designed to facilitate student transfers from two-year to four-year institutions; and (3) education, counseling, or financial information designed to improve the financial and training programs.economic literacy of students or their families.

(Sec. 603) Revises Institute for International Public Policy (IIPP) programs under part C502) Establishes a program of title Vcompetitive grants to include specifically, in addition to historically Black colleges and universities, tribally controlled colleges or universities, Alaska Native and Native Hawaiian-serving institutions, Hispanic-serving institutions, and IHEsHSIs that serve substantial numbers of underrepresented minority students, inoffer postbaccalaureate certifications or degrees (part B grants). Limits a part B grant award's duration to no more than five years. Prohibits the foreign service professional development program.Secretary from awarding more than one part B grant to an HSI in any one fiscal year.

Requires the IIPP institutional development program to promote collaboration among the minority-serving institutions receiving funds under such program.(Sec. 505) Reauthorizes title V appropriations for FY2009-FY2014.

Includes Alaska Native-serving, Native Hawaiian-serving,<b>Title VI: International Education Programs </b> - Revises and Hispanic-serving institutions in the study abroad and internshipsreauthorizes title VI International Education programs.

Turns(Sec. 601) Directs the IIPP masters degree in international relations program intoSecretary to: (1) consult with officials of a program leading to an advanced degreewide range of federal agencies on the national need for expertise in international relations, international affairs, international economics,foreign languages and world regions before requesting applications for title VI funding during each grant cycle; and (2) assist grantees in developing a survey on student employment, education, or other academic areas related to the IIPP fellow's career objectives.training after they graduate from title VI programs.

Repeals(Sec. 602) Revises requirements for graduate and undergraduate language and area centers and programs. Includes among authorized activities: (1) supporting instructors of the Interagency Committee on Minority Careersless commonly taught languages; and (2) projects that support students in International Affairs. the science, technology, engineering, and mathematics fields to achieve foreign language proficiency.

Refers to students who participateMakes undergraduates engaged in the internship programs as Ralph J. Bunche Fellows.intermediate or advanced study of a less commonly taught language eligible for fellowships for foreign language and area or international studies.

Makes(Sec. 604) Revises requirements for undergraduate international studies and foreign language programs. Authorizes grants for educational programs abroad that are closely linked to the current annual IIPP report biennial.program's overall goals and promote foreign language fluency and knowledge of world regions.

Reauthorizes appropriations forAuthorizes the IIPPSecretary to use up to 20% (currently, 10%) of the funds appropriated under part A (International and Foreign Language Studies) of title VI for FY2009-FY2013.such programs; but limits the study abroad component to 10%.

(Sec. 604) Creates a new Preparing for Early Foreign Language Instruction program. Authorizes605) Includes among authorized research and study activities: (1) an evaluation of the Secretaryextent to award competitive five-year grants to partnerships between IHE foreign language departmentswhich title VI programs reflect diverse perspectives and LEAs to prepare, provide professional development to,generate debate on world regions and develop teaching materials for elementaryinternational affairs; and secondary school teachers. Gives grant priority to partnerships that include high-need LEAs or emphasize(2) the teachingcollection, analysis, and dissemination of commonly taught and critical foreign languages in articulated programs. Authorizes appropriations for such program for FY2009-FY2013.title VI data.

(Sec. 605) Prohibits the Secretary from using more than 1% of title VI funds606) Revises provisions for International Education program evaluation, national outreach,technological innovation and cooperation for foreign information dissemination activities. access to authorize grants to certain partnerships with not-for-profit educational organizations and other specified entities.

(Sec. 606) Requires applicants for title VIAuthorizes the use of grant funds for student travel and study abroad to describe their policiespurchase foreign information and procedures for keeping students safe. establish linkages with foreign institutions to facilitate access to such information.

(Sec. 607) Creates a new ScienceRequires the Secretary, in choosing grant recipients for foreign language and Technology Advanced Foreign Language Education Grant program requiring the Secretaryarea or international studies centers and programs, to award grantsconsider an applicant's efforts to IHEs that develop innovative programs that combineincrease the studynumber of foreign languages with the studystudents going into areas of science and technology. Gives grant priority to IHEs teaching critical foreign languages. Authorizes appropriations for such program.national need.

(Sec. 608) Requires IHEs to report gifts in excess $1 million in a fiscal yearAmerican overseas research centers that are received from a foreign government or private entity and intended for use indesire a title VI program.grant or contract to submit an application to the Secretary.

(Sec. 609) Requires the Secretary to establish a marketing campaign to encourage students to study foreign languages. Reauthorizes appropriations under part A of title VI for FY2009-FY2014.

<b>Title VII: Title VII Amendments</b> - Revises(Sec. 611) Allows centers for international business education under part B (Business and reauthorizes title VII GraduateInternational Education Programs) to conduct programs that encourage the advancement and Post-Secondary Improvement programs. understanding of technology-related disciplines, including manufacturing software systems and technology management.

(Sec. 701) TreatsRequires grant-funded education and training programs under part B to reflect diverse perspectives and a master's degree in fine arts as a terminal degree, permitting students pursuing such degree to participate in the Jacob K. Javits Fellows program wide range of views on world regions and international affairs, where applicable.

Allows IHEs to grant fellowship recipients an interruption of study in exceptional circumstances, such as active duty military service or a personal or family illness. Reauthorizes part B appropriations for FY2009-FY2014.

Directs the Secretary, in appointing members(Sec. 612) Revises Institute for International Public Policy (IIPP) programs under part C of title V specifically to extend the Jacob K. Javits Fellows Program Fellowship Board,minority foreign service professional development program to include representatives fromtribally controlled colleges or universities, Alaska Native and Native Hawaiian-serving institutions, Hispanic-serving institutions, and IHEs that serve substantial numbers of underrepresented minority students. Requires grant-funded activities under such program to reflect diverse geographic regionsperspectives and at least one representative representing a minority-serving institution. wide range of views on world regions and international affairs, where applicable.

Reauthorizes appropriations for(Sec. 613) Revises the program for FY2009-FY2013.IIPP institutional development, study abroad, advanced degree in international relations, and internships programs.

(Sec. 702) Specifies federal entities with which the Secretary must consult,Adds international business and additional considerationsforeign language study programs to take into account, in determining areasinternational affairs programs, as subjects of national need under the Graduate Assistance in Areas of National Need program. IIPP institutional development efforts.

Gives priority to grants preparing faculty to train highly qualified elementaryIncludes tribally controlled colleges or universities and secondary school teachers of math, science, special education,Alaska Native-serving, Native Hawaiian-serving, and LEP students.Hispanic-serving institutions in the study abroad and internships programs.

Reauthorizes appropriations forTurns the IIPP masters degree in international relations program for FY2009-FY2013.into a program leading to an advanced degree in international relations, international affairs, international economics, or other academic areas related to the IIPP fellow's career objectives.

(Sec. 703) Revises the Thurgood Marshall Legal Educational Opportunity program617) Authorizes IIPP to involve middleprovide financial assistance, through summer stipends and high schoolRalph Bunche scholarships, to low-income students in the program and provide Thurgood Marshall Fellowships to law school students who participatefacilitate their participation in certain summer institutes.IIPP programs.

Reauthorizes appropriations for FY2009-FY2013 for(Sec. 618) Makes the program.current annual IIPP report biennial.

(Sec. 704) Establishes the Patsy T. Mink Fellowship program of awards to IHEs to assist highly qualified minorities and women acquire the terminal master's degrees or the doctorate degrees in academic areas in which such individuals are underrepresented620) Reauthorizes appropriations for the purpose of entering the higher education professoriate. Directs the Secretary to award at least 50% of program funds to minority-serving institutions eligibleIIPP for assistance under title III or V, or consortia that include such schools. FY2009-FY2014.

Requires fellowship recipients(Sec. 622) Allows the Secretary to serve at the IHE from which they received the fellowshipreduce or waive title VI cost sharing requirements for a period equivalent tocertain IHEs receiving assistance under title III or V of the fellowship period.HEA.

Authorizes appropriationsSets forth title VI authority for the program for FY2009-FY2013.assessment and enforcement, including evaluation, outreach, and information activities.

(Sec. 705) Adds to authorized activities underDirects the Fund for the Improvement of Postsecondary Education program (FIPSE): (1) the assessment of teacher preparation programs; (2) initiativesSecretary to help schools reduce illegal downloading of copyrighted content; (3) the support of increased fire safety in student housing; (4) assessing the feasibilitysubmit a biennial report to Congress that identifies, and potential design of an inter-institution organization monitoring gender and racial equality in faculty and administration; (5) programs increasing the secondary school graduation rates of LEP students and the number of eligible late-entering LEP students who pursue postsecondary education; (6) demonstration projectsincludes a plan to provide comprehensive support services to ensure that homeless students, or students who were in foster care until the ageaddress, areas of 18, enroll and succeednational need in postsecondary education; (7) promoting cultural diversity in the entertainment media industry;foreign language, area, and (8) the creation of IHE consortia to establish interdisciplinary programs on poverty.international studies.

Establishes new FIPSE programs to create: (1)Creates a scholarshipnew Science and Technology Advanced Foreign Language Education Grant program requiring the Secretary to award grants to IHEs that develop innovative programs for the family membersteaching of veterans and military personnel; and (2) a center, at an IHE,foreign languages, which may include the preparation of teachers to teach foreign languages. Gives grant priority to IHEs combining the study of foreign languages with the study of science and develop best practices to support single-parent students. technology and IHEs teaching critical foreign languages. Authorizes appropriations for such program.

Adds support forRequires the teaching of traditional American historySecretary to identify and report to Congress on best practices for strengthening the areasrole IHEs that receive assistance under title III or V of national need eligible for FIPSE special project funding.the HEA play in increasing our critical foreign language education efforts.

Reauthorizes appropriations for FY2009-FY2013 for the FIPSERequires IHEs to report gifts in excess $250,000 in a fiscal year that are received from a foreign government or foreign corporation or foundation if a significant part of such contribution is to be used in a title VI program.

(Sec. 706) Turns the Urban Community Service program into the Urban-Serving Research Intuitions program. Authorizes the Secretary to award grants to urban-serving research universities to further develop<b>Title VII: Graduate and apply research findings to implement: (1) improvements in teacher qualityPostsecondary Improvement Programs </b> - Revises and retention, or student postsecondaryreauthorizes title VII Graduate and workplace readiness in cooperation with elementary and secondary schools and other educational organizations; and (2) economic revitalization efforts and public health outreach, education, and intervention activities in partnership with community-based organizations and other public or nonprofit private entities.Post-Secondary Improvement programs.

Gives priority(Sec. 702) Allows IHEs to applicants that propose to conduct joint projects supported by other local, state, and federal programs and to institutions that have been effectively engagedgrant Jacob K. Javits fellowship recipients an interruption of study in serving their community.exceptional circumstances, such as active duty military service or a personal or family illness.

Authorizes appropriationsDirects the Secretary, when appointing members of the Jacob K. Javits Fellows Program Fellowship Board, to include representatives of various U.S. geographic regions and representatives from IHEs eligible for FY2009-FY2013 for such program.grants under title III or V of the HEA.

(Sec. 707) ExpandsReauthorizes appropriations for the authorized uses of grantsprogram for programs (currently, demonstration projects) to ensure that disabled students receive a quality higher education to include: (1) the development of teaching methods and strategies to ensure the successful transition of disabled students from secondary to postsecondary education; and (2) making distance education, instructional materials, and curriculum development more accessible to such students. FY2009-FY2014.

Reauthorizes appropriations for FY2009-FY2013 for such programs.(Sec. 703) Specifies the entities with which the Secretary must consult, and additional considerations to take into account, in determining areas of national need under the Graduate Assistance in Areas of National Need program.

Establishes a new program directing the Secretary to provideReauthorizes appropriations for the establishment and support of a National Centerprogram for Information and Technical Support for Postsecondary Students with Disabilities to improve the postsecondary recruitment, retention, and completion success rates of such students.FY2009-FY2014.

Requires such center to: (1) provide information and technical assistance(Sec. 704) Revises the Thurgood Marshall Legal Educational Opportunity program to disabled students, their families,involve secondary school students in the program and IHEs; (2) maintaining a web-based data bank of IHE disability support services information; (3) consolidate and disseminate, and create an expert panelprovide Thurgood Marshall Fellowships to create and disseminate, professional standards for IHE disability support services; and (4) report annually regarding the postsecondary success of disabled students.law school students who participate in certain summer institutes.

Establishes an advisory commission on accessible instructional materials in postsecondary educationReauthorizes appropriations for students with disabilities to make recommendationsFY2009-FY2014 for improving the timely delivery and quality of accessible instructional materials for postsecondary students, faculty, and staff with print disabilities.program.

Creates new model demonstration programs requiring(Sec. 705) Expresses the Secretarysense of Congress that IHEs eligible for funds under part A (Graduate Education Programs) of title VII should be encouraged to award competitive grants to at least one partnership betweenconsider the feasibility of an IHE and private entityinter-institution monitoring organization to develop systems to improve the timely deliveryaddress under-representation by race, ethnicity, and quality ofgender in postsecondary instructional materials in specialized formats to students with print disabilities. Allows the Secretary to expand the program to additional grantees if after three years the model programs prove to be effective. faculty and administration.

Establishes a new competitive matching grant program for IHEs(Sec. 706) Directs the Secretary to create or expand high-quality, inclusive model comprehensive transitionaward grants to certain historically Black colleges and postsecondaryuniversities and to certain Predominantly Black Institutions for masters degree programs in mathematics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines in which African Americans are underrepresented. Requires a grantee to match federal funds to the extent they exceed $1 million. Authorizes appropriations for students with intellectual disabilities focusing on academic enrichment, socialization, independent living, and integrated work experiences and career skills.such grant programs for FY2009-FY2014.

Directs the Secretary(Sec. 707) Adds to enter into a cooperative agreement with an entity that has relevant experienceauthorized activities under the Fund for the establishmentImprovement of a coordinating center for technical assistance, evaluation,Postsecondary Education program (FIPSE): (1) the establishment and developmentcontinuation of accreditation standards for IHEs that offer inclusive model comprehensive transitionjoint efforts based on the technology of communications; (2) the reform of remedial education, including English language instruction; (3) programs increasing the secondary school graduation rates of LEP students and the number of eligible late-entering LEP students who pursue postsecondary education; (4) the creation of IHE consortia to establish interdisciplinary programs foron poverty; (5) demonstration projects to provide comprehensive support services to ensure that homeless students, or students with intellectual disabilities. who were in foster care or were a ward of the court at any time before the age of 13, enroll and succeed in postsecondary education; and (6) promoting cultural diversity in the entertainment media industry.

(Sec. 708) Allows guaranty agenciesEstablishes new FIPSE programs to be eligible partners increate: (1) a center, at an IHE, to study and develop best practices to support single-parent students; and (2) a scholarship program for the College Access Challenge Grant program. family members of veterans and military personnel.

(Sec. 709) AuthorizesAuthorizes the Secretary to award competitive grants to: (1) undergraduate registered nurse (RN) nursing programsgive FIPSE priority to expand faculty and facilities to accommodate additional students;IHEs that meet or (2) graduate nursing programs to accommodate advanced practice degreesexceed a specified energy efficiency standard for RNsnew construction or provide teachers for nursing students. renovations.

AuthorizesAdds to the Secretary to award grants to partnerships composedareas of an accredited nursing school at an IHEnational need eligible for special project funding under the FIPSE program: (1) improvements in academic instruction and a hospital or health facility to establish up to five pilot projects to enable such hospital or facility to retain its staffstudent learning; (2) foreign language studies; and (3) the incorporation of experienced nurses while providing a mechanism to have these individuals become, through an accelerated nursing education program, faculty members of an accreditedmedical quality and safety into medical and nursing school.courses.

(Sec. 710) DirectsReauthorizes appropriations for FY2009-FY2014 for the Comptroller General to study and report to Congress on barriers to, and opportunities for, the full participation of disabled students in higher education. FIPSE program.

<b>Title VIII: Additional Programs</b> - (Sec. 801) Establishes a new(Sec. 708) Eliminates the Urban Community Service program (part C of title VIII (Additional Programs)VII of the HEA.HEA).

Authorizes appropriations for(Sec. 709) Replaces the current part D (Demonstration Projects to Ensure Students with Disabilities Receive a Quality Higher Education) of title VIIIVII with additional programs for FY2009-FY2013.to provide disabled students with a quality higher education.

EstablishesCreates a Low Tuitionnew program requiringof part D demonstration projects that expands the Secretaryactivities authorized under the current program to award:include: (1) competitive grants to IHEs that, for an academic year, have a net tuition increase (tuition and fees, minus grant amounts) that does not exceed the percentage change in the higher education price index;development of innovative teaching methods and (2) bonus amountsstrategies to IHEs that guarantee that their net tuition will not outpace changes in such index over specified periodsensure the successful transition of time. Requires IHEsdisabled students from secondary to distribute such grants and bonuses as need-based grant aidpostsecondary education; (2) making distance education accessible to disabled students; (3) teacher training and support in providing disabled students who are eligible for federal Pell Grants.with career options; and (4) curriculum development to make postsecondary education more accessible to disabled students.

RequiresEstablishes a new competitive matching grant program for IHEs whose annual net tuition increase outpaces such index to issue an explanatory report to the Secretary that includes actions being taken to remedy the situation.create or expand high-quality, inclusive model comprehensive transition and postsecondary programs for students with intellectual disabilities focusing on academic enrichment, socialization, independent living, and integrated work experiences and career skills.

Establishes a Cooperative Education program authorizing the Secretaryan advisory commission on accessible instructional materials in postsecondary education for students with disabilities to award competitive grants to IHEsmake recommendations for cooperative education programs that provide alternating or parallel periodsimproving the timely delivery and quality of studyaccessible instructional materials for postsecondary students, faculty, and employment, giving students work experience related to their academic or occupational objectives and the earnings needed to finance their education. staff with print disabilities.

AuthorizesCreates new model demonstration programs requiring the Secretary to makeaward competitive grants to, or enter into contracts with, IHEs or nonprofit organizations for: (1) demonstration projects testing innovations in cooperative education; (2) cooperative education trainingto at least one partnership between an IHE and resource centers;private entity to develop systems to improve the timely delivery and (3) cooperative education research.quality of postsecondary instructional materials in specialized formats to students with print disabilities. Allows the Secretary to expand the program to additional grantees if the model programs prove to be effective.

AuthorizesDirects the Secretary to make College Partnership grants to partnerships between IHEs and between IHEs and statesprovide for the implementationestablishment and support of articulation agreements between IHEs, academic program enhancements,a National Center for Information and Technical Support for Postsecondary Students with Disabilities to improve the removalpostsecondary recruitment, transition, retention, and completion rates of barriers that inhibit student transfers.such students.

Authorizes the SecretaryRequires such center to: (1) provide information and technical assistance to establishdisabled students, their families, and IHEs; (2) maintain a pilot program awarding competitive, matching, Student Success grantsweb-based data bank of IHE disability support services information; (3) work with disability support experts to evaluate, improve, and disseminate information related to IHEs in which, during the preceding three-year period, an averagedelivery of high quality disability support services at least 50%IHEs; and (4) report biennially regarding the postsecondary success of entering first-year students were enrolled in developmental courses to bring their reading, writing, or mathematics skills up to college-level. disabled students.

RequiresDirects the grantsSecretary to be used to help Pell grant eligible students persevere in postsecondary education, beginning from their first year of study. Requires such help to includeenter into a cooperative agreement with an entity that has relevant experience for the assignmentestablishment of a Student Success Coach to every student participantcoordinating center for IHEs that offer inclusive model comprehensive transition and postsecondary programs for students with intellectual disabilities to provide intensive careertechnical assistance, evaluations, and academic advising, ongoing personal help in navigating college services, and assistance in connectingrecommendations relating to community resources that can help students overcome family and personal challengesstandards for such programs. Requires the center to success.convene a working group to make recommendations to the Secretary, Congress and the National Advisory Committee on Institutional Quality and Integrity on accreditation standards for such programs.

DirectsAuthorizes appropriations for FY2009-FY2014 for the Secretary to provide technical assistance to grantees who, after three years, are not significantly improving their student participants' perseverance in their studies.part D programs.

Creates a Jobs to Careers program directing(Sec. 710) Reauthorizes appropriations for FY2009-2014 for the Secretary to award competitive grants to IHEs to improve remedial education, customize remediation to student career goals, and help remedial students progress into and through for-credit occupational programs.College Access Challenge Grant program.

Gives grant priority to IHEs: (1) in which at least 50%<b>Title VIII: Additional Programs</b> - Establishes a new title VIII (Additional Programs) of the first-year students are enrolled in remedial courses designed to give them collegiate reading, writing, or mathematics skills; and (2) that propose to collaborate with adult education providers and replicate practices that have proven effective with adults.HEA.

Establishes(Sec. 801) Establishes a Project GRAD program authorizing the Secretary to award a grantcontract to Project GRAD USA (a nonprofit educational organization aiming to improve highsecondary school graduation and collegepostsecondary attendance and completion rates for disadvantagedlow-income students) to provide technical assistance and support through subgrantssubcontracts to existing and new programs that implement a set of integrated education reform services.

Requires the granteecontractor to select only subgranteessubcontractors that serve a substantial number or percentage of low-income students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondarymiddle schools channel students who havehaving participated in program services into an identified highsecondary school. Requires subcontractors to match federal funds.

Requires Project GRAD program services to include: (1) research-based programs in reading, mathematics, and classroom management; (2) campus-based social services programs, including increasing family and community involvement in schools; (3) a collegepostsecondary school access program providing collegepostsecondary school scholarships for students who meet established criteria, increasing student and family collegepostsecondary awareness, and assisting students to apply for collegehigher education financial aid; and (4) other services the granteecontractor identifies as necessary.

DirectsEstablishes the SecretaryMathematics and Science Scholars program, providing competitive matching grants to contract with a nonprofit organizationstates for scholarships to conductstudents who, after completing a needs assessment of,rigorous secondary school curriculum in mathematics and provide comprehensive services to, urban LEAs and rural states to improve higher education enrollment rates.science, pursue postsecondary education, in science, technology, engineering, mathematics, or a health-related field.

RequiresDirects the Secretary to make availableaward competitive grants to the Secretarypartnerships of Homeland SecurityIHEs, employers, workforce investment boards, and the heads of other appropriate federal agencies a list of: (1) accreditors recognized by the Secretarylabor organizations to expand or by the Council for Higher Education Accreditation; (2) IHEs eligible under FFEL program; and (3) foreign IHEs whose authority to issue degrees is acceptedcreate programs that provide job skills training in their home countryhigh-growth and thathigh-wage fields and meet the Secretary deemsneeds of working students. Gives priority to be academically equivalent to FFEL participants in this country.programs focused on serving nontraditional students.

Conditions a school's eligibility for student assistance funding under title IV on its providing notice on its internet website of its recognition byRequires the Secretary as a legitimate degree-granting institution for immigrationto award competitive grants to accredited: (1) undergraduate registered nurse (RN) nursing programs to expand faculty and federal employment purposes. Requires an accreditorfacilities to be on such list for its authorityaccommodate additional students; or (2) graduate nursing programs to be recognizedaccommodate advanced practice degrees for RNs or provide teachers for any federal purpose.nursing students.

RequiresAuthorizes the Secretaryuse of such grants to establish the Diploma Mill Task Forcesupport partnerships with hospitals or health facilities which will enable students to develop: (1) guidelines for distinguishing between legitimate and fraudulent degree-granting institutions for federal purposes; (2)earn a strategic diploma integrity protection plan to addresssalary while obtaining an advanced degree in nursing with the sale and usegoal of fraudulent degrees; and (3) legislative language to effectuate such plan.becoming nurse faculty.

Urges statesAuthorizes the Secretary to implement strategic diploma integrity plans similaraward competitive grants to the federal plan; though allows themIHEs to adopt standards more stringent than federal standards.establish or strengthen academic programs or centers that promote knowledge of traditional American history, free institutions, and Western civilization.

DirectsAuthorizes the Federal Trade CommissionSecretary to developaward a plangrant to address diploma mills under its authorityTeach For America, Inc. to ban unfairimplement and deceptive acts or practices. expand its program of recruiting, selecting, training, and supporting new teachers who commit to teach for two years in underserved communities. Directs the Secretary to provide for a study, at least once every three years, examining the achievement levels of students taught by such teachers.

Authorizes the SecretaryRequires Teach For America, Inc. to award competitive matching grantscontract with an independent auditor to IHEs to do one or more of the following: (1) develop and implementconduct a state-of-the-art emergency communications system; (2) take measures to improve IHE safety; or (3) coordinate, with appropriate local entities, the provisioncomprehensive review of mental health services to students and staff affected by a campus or community emergency. Requires the Secretary to advise IHEs and disseminate information concerning model emergency response policies, procedures,its accounting, financial reporting, and practices.internal control systems.

RequiresEstablishes the SecretaryPatsy T. Mink Fellowship program of awards to develop a disaster relief plan so that a procedure is in placeassist highly qualified minorities and women to addressacquire the needs of IHEsdoctoral degree, or highest possible degree available, in academic areas in which such individuals are underrepresented, to enable them to enter the event ofhigher education professoriate. Requires fellowship recipients to serve at the IHE from which they received the fellowship for a federally declared disaster or emergency. period equivalent to the fellowship period.

AuthorizesDirects the Secretary to establish an Education Disaster and Emergency Relief Loan program for IHEs for direct or indirect losses incurred asaward a result ofgrant to a federally declared major disaster or emergency.nonprofit organization to conduct a needs assessment of, and provide comprehensive services to, urban LEAs and rural states to improve postsecondary education enrollment rates.

DirectsAuthorizes the Secretary to provide guidance that clarifiesaward competitive grants to a state for the roleestablishment of IHEs regarding disclosuresa State Early Childhood Education Professional Development and Career Task Force: (1) composed of state, higher education, and early childhood education representatives; and (2) tasked with developing a plan for a student'scomprehensive statewide early childhood education records in the eventprofessional development and career system that such student demonstrates significant riskincludes the provision of harmpostsecondary educational assistance to himself or herself orindividuals who agree to others. Requires such guidance to clarify that IHEs whichwork in good faith comply with the requirements of this Act and the Family Educational Rights and Privacy Act of 1974 shall not be held liable for that disclosure. early childhood education programs.

AuthorizeAuthorizes the Secretary to award grantsa grant to partnerships between rurala partnership of IHEs and rural LEAs, rural education service agencies, regional employers, or rural education nonprofitprivate career organizations to expand programs for activities to: (1) improve the rural IHE enrollment ratesdevelopment of rural highscience, technology, engineering, or mathematics professionals, from elementary school graduates and former attendees;through postsecondary education, including existing programs for Alaska Native and (2) encourage nontraditional students' participation in rural IHE degree programs.Native Hawaiian students.

AuthorizesEstablishes Pilot Programs to Increase College Persistence and Success which consist of: (1) a Pilot Program to Increase Persistence and Success in Community Colleges under which the Secretary awards competitive grants to awardcommunity colleges for scholarships and counseling services for low-income students with dependent children; and (2) a Student Success Grant Pilot program awarding competitive, matching grants to partnerships between rural IHEs and regional employers to: (1)to provide additional trainingstudent success coaches and other support services to rural IHE attendeesPell grant-eligible students, beginning in careers relevanttheir first year, who are assessed as needing developmental education to the regional economy; and (2) encourage regional businessesbring their reading, writing, or mathematics skills up to employ rural IHE graduates.college level.

Authorizes the Secretary to award competitive matching grants to rural IHEs to createdo one or strengthen academic programs that prepare graduates to enter high-need occupations inmore of the regionalfollowing: (1) develop and implement a state-of-the art emergency communications system; (2) take measures to improve IHE safety; or (3) coordinate, with appropriate local economies.entities, the provision of mental health services to students and staff affected by a campus or community emergency. Requires the Secretary to continue to advise IHEs and disseminate information concerning model emergency response policies, procedures, and practices.

AuthorizesRequires the Secretary to award a grantcontinue to a partnershipcoordinate with the Secretary of IHEsHomeland Security and private career organizationsother agencies to expand programs fordevelop and maintain procedures to address the developmentneeds of science, technology, engineering,IHEs in the event of a federally declared major disaster or mathematics professionals, from elementary school through college, including existing programs for Alaska Native and Native Hawaiian students. emergency.

DirectsAuthorizes the Secretary to establish an Education Disaster and maintain, on the Department's public website,Emergency Relief Loan program for IHEs affected by a database of information on public and private programs of financial assistance for the study of postsecondary and graduate science, technology, engineering, and mathematics.federally declared major disaster or emergency.

Requires such database to: (1)Directs the Secretary to continue to provide separate information for each fieldguidance that clarifies the role of study; (2) be searchable by category and combinationsIHEs regarding disclosures of categories; (3) indicate programs targeted toward specific demographic groups; (4) provide searchers with program sponsor contact information and hyperlinks; and (5) include a recommendation that students and families carefully review application requirements, and a disclaimer that scholarships presentedstudent's education records in the database are not providedevent that such student demonstrates significant risk of harm to himself or endorsed by the Departmentherself or to others. Requires such guidance to clarify that IHEs which in good faith comply with the federal government. requirements of this Act and the Family Educational Rights and Privacy Act of 1974 shall not be held liable for that disclosure.

DirectsEstablishes a Low Tuition program requiring the Secretary of Commerce to make competitiveaward: (1) grants to certain accredited court reporting programs to promoteIHEs that, for an academic year, have tuition and fee increases that are in the recruitment, training,lowest 20% of such increases for comparable schools, are public IHEs whose tuition and placementfees are in the lowest quartile of individuals, including those who have completedcomparable IHEs, or are public IHEs whose tuition and fee increases are less than $600 for full-time undergraduate students; and (2) bonus amounts to public IHEs whose tuition and fees are in the lowest quartile of comparable IHEs, public IHEs that guarantee that their tuition and fee increases will not exceed $600 per year for full-time undergraduate students, and private IHEs that guarantee that their tuition and fees will not increase by a court reporting training program, as realtime writers providing closed captioningpercentage greater than the percentage change in video programming.such tuition and fees over the past three academic years. Requires IHEs to distribute such grants and bonuses as need-based grant aid to students who are eligible for federal Pell Grants.

DirectsEstablishes a Cooperative Education program authorizing the Secretary to award competitive grants to IHEs to develop modelfor cooperative education programs for students who are veterans that involve the establishment by each granteeprovide alternating or parallel periods of a campus Center of Excellence for Veteran Student Success providing a single point of contact forstudy and employment, giving students work experience related to their academic or occupational objectives and the coordination of comprehensive support services for such students.earnings needed to finance their education.

DirectsAuthorizes the Secretary to make grants to establish sustainability programs at IHEs.to, or enter into contracts with, IHEs or nonprofit organizations for: (1) demonstration projects testing innovations in cooperative education; (2) cooperative education training and resource centers; and (3) cooperative education research.

Requires such programsAuthorizes the Secretary to developmake College Partnership grants to partnerships between IHEs and implement:between IHEs and states for the implementation of articulation agreements between IHEs, academic program enhancements, and the removal of barriers that inhibit student transfers.

Creates a Jobs to Careers program directing the Secretary to award competitive grants to IHEs to create workforce bridge programs that customize developmental education curricula to reflect the content of for-credit occupational certificate or degree programs in which developmental education students are enrolled or plan to enroll.

Gives grant priority to IHEs: (1) sustainability practices, including in the areaswhich at least 50% of energy management, green building, waste management, purchasing, transportation, and toxics management;the first-year students who are subject to mandatory assessment are assessed as needing developmental courses designed to give them collegiate reading, writing, or mathematics skills; and (2) other aspects of sustainability that integrate campus operationspropose to collaborate with multidisciplinary educationaladult education providers or replicate practices that have proven effective with adults.

Authorizes the Secretary to award competitive grants to partnerships between rural IHEs, rural LEAs, and rural regional employers or workforce investment boards for activities to: (1) improve the rural IHE enrollment rates of rural secondary school students; (2) increase nontraditional students' participation in rural IHE degree programs; (3) create or strengthen academic programs at rural IHEs that prepare graduates for high-need occupations in the regional and can applylocal economies; and (4) provide additional career training to rural postsecondary school students in fields relevant to the privateregional economy.

Authorizes the Secretary to award competitive grants or contracts to IHEs to develop programs to reduce and government sectors.eliminate the illegal downloading and distribution of intellectual property.

Directs the Secretary to make competitive grants to certain accredited court reporting programs to promote the recruitment, training, and placement of individuals, including those who have completed a court reporting training program, as realtime writers providing closed captioning in video programming.

Directs the Secretary to award grants to IHEs to develop model programs for students who are veterans that involve the establishment by each grantee of a campus Center of Excellence for Veteran Student Success, providing a single point of contact for the coordination of comprehensive support services for such students.

Directs the Secretary to make grants to establish sustainability programs at IHEs.

Directs the SecretaryRequires such programs to convene a summitdevelop and implement: (1) sustainability practices, including in the areas of higher education experts, federal representatives,energy management, greenhouse gas emissions reductions, green building, waste management, purchasing, transportation, and businesstoxics management; and industry leaders to encourage cooperative efforts to enhance(2) other aspects of sustainability that integrate campus operations with multidisciplinary educational programs at IHEs andthat can apply such programs to the communityprivate and workplace.government sectors.

Requires the Secretary to establish a taskforce within the Department to recommend improvements to the study of modeling and simulation, and identify the core capacities that students in such programs should acquire.

Authorizes the Secretary to award: (1) competitive grants to IHEs for the enhancement of their existing modeling and simulation programs; and (2) grants to IHEs for the establishment of such programs.

Establishes the Business Workforce Partnershipsa Path to Success program requiringauthorizing the Secretary to award competitive grants to community colleges to establish partnerships between IHEs, employers, and, where applicable, labor organizations to strengthen ties between college degree credit offeringswith juvenile detention centers and businesssecure juvenile justice residential facilities to provide assistance, services, and industry workforce needs. Gives priorityeducation to grant applicants focused on serving nontraditional studentsindividuals age 16 through 25 who are independent,have been convicted of a criminal offense and who: (1)have served or are the first generationserving time in their family to attend college; (2) have delayed college enrollment;such facilities and reenter the community and pursue certificates of completion for a specialized area of study or (3) have dependents.associates degrees.

Requires the Secretary and the Secretary of Laborsuch education programs to report to Congress on statutory changesestablish a uniquely designed education plan for each individual program participant that would strengthen ties between collegerequires the individual to receive at least such a certificate or degree credit offerings and business and industry workforce needs. in order to complete the program successfully.

(Sec. 802) Expresses the sense of Congress that the Secretary and the Secretary of the Treasury will work together with the Government Accountability Office (GAO)Gives program priority to establish a system whereby borrowers could convert their federal student loanscommunity colleges proposing to income contingent direct IDEA loans, payments for which would be made usingserve the income tax withholding system. highest number of individuals who have committed gang-related offenses.

(Sec. 803) DirectsRequires the Secretary to enter into an agreement with the National Academy of Sciences (NAS)Health and Human Services to evaluateaward competitive grants to veterinary schools or entities offering veterinary training to increase the qualitynumber of distance education programs as compared to campus-based education programs at IHEs.veterinarians in the workforce.

(Sec. 804) ExpressesAuthorizes the sense of the Committee on EducationSecretary to establish an Early Federal Pell Grant Demonstration Program awarding: (1) grants to four state education agencies to cover program administrative expenses; and Labor that there is(2) Pell Grants to eighth grade students who are eligible for a need for sustainable economic and environmental practices and rigorous sustainability academic programs on college and university campuses to encourage increased public awarenessfree or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of the need to &quot;go green.&quot;1966.

(Sec. 805) DirectsAuthorizes the Secretary to commission the National Research Council to study foraward a reportgrant to the congressional authorizing committees on the viabilityUniversity of developing and implementing standards in environmental, health, and safety areas to provideHawaii Academy for differential regulation of: (1) industrial laboratoriesCreative Media for the establishment, maintenance, and facilities; and (2) research and teaching laboratories. periodic modernization of the Henry Kuualoha Giugni Kupuna Memorial Archives at the University of Hawaii.

(Sec. 806) DirectsRequires the SecretaryArchives to study and reportuse grant funds for, among other things: (1) the acquisition of a secure web accessible repository of Native Hawaiian historical data; (2) college scholarships for disadvantaged students; (3) the creation of educational materials applicable to Congress and state superintendentsa broad range of education on underrepresented minority males, particularly African Americanindigenous students; (4) outreach to elementary and Hispanic males, completing highsecondary school students; (5) relevant teacher training; and entering into(6) the enhancement of the economic and completing postsecondary education. financial literacy of college students.

(Sec. 807) DirectsAuthorizes appropriations for FY2009-FY2014 for the Comptroller General to study and report to the congressional authorizing committees on any race, ethnicity, and gender biases present in the design of standardized tests used for admission to IHEs. preceding title VIII programs.

(Sec. 808) DirectsAppropriates funds for FY2009-2014 for: (1) the Congressional Budget Office to studymasters degree programs at historically Black colleges and report to the congressional authorizing committees on the feasibility of allowing borrowers repaying HEA student loans the option of selecting or renegotiating a fixed or variable interest rateuniversities and the repayment period of such loans.Predominantly Black Institutions (See section 706, above); and (2) postbaccalaureate programs at Hispanic-serving institutions (See section 502, above).

(Sec. 809) Directs802) Provides for the Secretary to studyestablishment of a nonprofit National Center for Research in Advanced Information and reportDigital Technologies to support, through competitive grants and contracts, the congressional authorizing committees on the amounts, uses,research, development, and public purposesadoption of IHE endowments. innovative digital approaches to improving education, teaching, and learning.

(Sec. 810) Directs803) Requires the Secretary to assess and reportmake competitive grants to up to 10 IHEs to support pilot programs that make it possible for bookstores to give students the congressional authorizing committees on the effectsoption of providing prisoners with a postsecondary education. saving money by renting course materials.

(Sec. 811) Authorizes<b>Title IX: Amendments to Other Laws</b> - <b>Part A: Education of the SecretaryDeaf Act of 1986</b> - (Sec. 901) Amends the Education of the Deaf Act of 1986 (EDA) to award competitive grants to IHEs to support aidentify the Laurent Clerc National Undergraduate Fellows program to improve postsecondary degree completion rates of underrepresented students. DirectsDeaf Education Center as the Secretaryplace where Gallaudet University's EDA elementary and secondary programs are to award a competitive grantbe held. Requires Gallaudet to a national organization to supportadopt, for such program.elementary and secondary programs, a state's approved academic content and achievement standards and assessments.

(Sec. 812) Establishes903) Eliminates the preference given to IHEs located in metropolitan industrial areas in choosing an IHE to establish and operate a National CenterTechnical Institute for Learning Science and Technology (the Center). the Deaf (NTID).

Establishes in the Treasury the National Center(Sec. 904) Establishes an HEA title IX part C program of cultural experiences grants to and contracts with nonprofit organizations for Learning Science and Technology Trust Fund,activities to: (1) enrich the amountslives of which may be used for: (1) supporting basicdeaf and applied research developmenthard-of-hearing children and demonstrationsadults; (2) increase public awareness and understanding of innovative learning and assessment systemsdeafness and of the componentsartistic and tools needed to create them; (2) supporting the testing and evaluationintellectual achievements of those systems;deaf and hard-of-hearing persons; or (3) encouragingpromote the widespread adoptionintegration of hearing, deaf, and use of effective approaches to learning.hard-of-hearing persons through shared cultural, educational, and social experiences.

Authorizes(Sec. 907) Reauthorizes appropriations for FY2009-FY2014 for monitoring, evaluation, and reporting under the Director of the Center to award contracts and grants to colleges and universities, museums, libraries, public broadcasting entities and similar nonprofits and public institutions (with or without private partners). EDA.

(Sec. 813) Directs the Comptroller General to study909) Reauthorizes appropriations for FY2009-FY2014 for federal endowment programs for Gallaudet University and report to the congressional authorizing committees onNTID under the education-related indebtedness of medical school graduates. EDA.

<b>Title IX: Amendments to Other Laws</b> - <b>Part A: Education of(Sec. 911) Exempts international students participating in distance learning through Gallaudet University or NTID from: (1) counting against the Deaf Act</b> - (Sec. 901) Amendsinternational student enrollment cap; and (2) the Education oftuition surcharge other international students at such schools must pay. Prohibits, however, the Deaf Actdisplacement by such international students of 1986 (EDA) to identify the Laurent Clerc National Deaf Education Center as the place where Gallaudet University's EDA elementary and secondary programs are to be held. Requires Gallaudet to adopt,U.S. citizens applying for such elementary and secondary programs, a state's approved academic content and achievement standards and assessments or develop its own, subject to the Secretary's approval.courses.

(Sec. 903) Identifies the Rochester Institute of Technology (RIT) as the IHE with whichRequires such schools to reduce the Secretary is authorizedtuition surcharge from 100% to have an agreement50% for international students from developing countries. Permits such schools to establish and operate the National Technical Instituteuse a sliding scale to reduce such surcharge to no less than 25% for the Deaf (NTID). Directs the Secretarystudents from developing countries, and to consider proposalsno less than 50% for students from other IHEsnon-developing countries, if the Secretary or RIT terminates such agreement. students demonstrate need and have made a good effort to secure aid from their home country or other sources.

(Sec. 906) Reauthorizes appropriationsMakes $5,345 the maximum per capita income level at which a country is considered a developing country, measured in 2005 dollars and adjusted for FY2008-FY2013 for monitoring, evaluation, and reporting under the EDA.inflation.

(Sec. 908) Reauthorizes913) Updates the national study on the education of the deaf to require the Secretary to establish a commission to conduct such study and reauthorize study appropriations for FY2008-FY2013 for federal endowment programs for Gallaudet University and NTID under the EDA. FY2009-FY2010.

(Sec. 910) Exempts international students participating in distance learning through Gallaudet University or NTID from: (1) counting against914) Reauthorizes appropriations under the international student enrollment cap, though prohibits their displacing U.S. citizens applyingEDA for such courses; andFY2009-FY2014 for: (1) Gallaudet University; (2) Kendall Demonstration Elementary School; (3) the tuition surcharge other international students at such schools must pay.Model Secondary School for the Deaf; and (4) NTID.

Requires such schools to reduce<b>Part B: United States Institute of Peace Act</b> - (Sec. 921) Amends the tuition surcharge from 100%United States Institute of Peace Act to 50%reauthorize appropriations for international students from developing countries. Permits such schools to use a sliding scale to reduce such surcharge to at least 25%the U.S. Institute of Peace for students from developing countries, and to at least 50%FY2009-FY2014. Requires any authorization of appropriations for students from non-developing countries, if such students demonstrate need and have made a good effortU.S. Institute of Peace programs to secure aid from their home country or other sources. be extended in the same manner as applicable programs are extended under the General Education Provisions Act.

Makes $4,825<b>Part C: The Higher Education Amendments of 1998; The Higher Education Amendments of 1992</b> - (Sec. 931) Repeals specified provisions under title VIII (Studies, Reports, and Related Programs) of the maximum per capita income level at which a country is considered a developing country.Higher Education Amendments of 1998.

(Sec. 912) Updates the national study on the education932) Revises requirements of the deafHigher Education Amendments of 1998 relating to requiregrants to states for workplace and community transition training for incarcerated youth offenders. Authorizes the Secretary to establish a commission to conduct such studyperformance objectives and reauthorizes appropriations for itreporting requirements for FY2008-FY2009. state grantees.

(Sec. 913) Reauthorizes appropriationsAlters youth offender eligibility to: (1) include persons under the EDAage 35 (currently, 25) and eligible for FY2008-FY2013 for: (1) Gallaudet University;release within seven years (currently, five); and (2) Kendall Demonstration Elementary School; (3)exclude persons who have committed a criminal offense against a minor, a sexually violent offense, or murder. Extends, from five to seven years, the Model Secondary Schoolmaximum period of participation for incarcerated individuals. Increases the Deaf;amount that each state can receive for each eligible student from a maximum of $1,500 to a maximum of $3,000 annually for tuition, books, and (4) NTID.essential materials.

<b>Part B: IndianReauthorizes appropriations for the program for FY2009-FY2014.

(Sec. 933) Requires nonprofit grantees under the Underground Railroad educational and cultural program to make information related to the Underground Railroad available, including through electronic means, to elementary and secondary schools, IHEs, and the general public.

Reauthorizes appropriations for such program for FY2009-FY2014.

(Sec. 934) Amends the Higher Education Amendments of 1992 to reauthorize appropriations for Olympic scholarships for FY2009-FY2014.

(Sec. 935) Amends the Department of Education Organization Act to establish, in the Department's Office of Postsecondary Education, a Deputy Assistant Secretary for International and Foreign Language Education with extensive experience in international and foreign language instruction.

Makes the Deputy Assistant Secretary responsible for: (1) promoting the study of foreign languages and cultures at the elementary, secondary, and postsecondary levels; and (2) coordinating such programs with other related federal programs.

<b>Part D: Tribal College and Universities; Navajo Higher Education - Subpart 1: Tribal Colleges and Universities</b> - (Sec. 921)941) Amends the Tribally Controlled College or University Assistance Act of 1978 to define an Indian student as a member of an Indian tribe or a biological child of such a member.

Sets forth the method of determining credits earned in an Indian continuing education program, but limits such credits to 10% of the Indian student count of a tribally controlled college or university.

Requires tribally controlled college or university grantees to bebe: (1) accredited by a nationally recognized accreditor that meets the Secretary's approvalapproval; or (2) making progress toward such accreditation according to such accreditor.

Increases the grant amount per Indian student count from $6,000 to $8,000.

Reauthorizes appropriations for various programs under the Tribally Controlled College or University Assistance Act of 1978.

Establishes a grant program for two tribally controlled postsecondary career and technical institutions, the United Tribes Technical College and the Navajo Technical College.

<b>Subpart 2: Navajo Higher Education</b> - Navajo Nation Higher Education Act of 2008 - (Sec. 931)946) Amends the Navajo Community College Act to replace references to the Navajo Community College with references to Dine college. Reauthorizes appropriations for grants to Dine college for FY2008-FY2013.FY2009-FY2014. Adds the improvement and expansion of Dine college to authorized grant uses.

<b>Part C: Higher Education Amendments<b>Part E: Omnibus Crime Control and Safe Streets Act of 1998; Higher Education Amendments1968 </b> - John R. Justice Prosecutors and Defenders Incentive Act of 1992</b>2008 - (Sec. 941)952) Amends the Higher Education AmendmentsOmnibus Crime Control and Safe Streets Act of 19981968 to revisedirect the program of grantsAttorney General to statesassume the obligation to repay student loans for workplace and community transition trainingborrowers who agree to remain employed, for incarcerated youth offenders to:at least three years, as: (1) expand program participation to incarcerated individuals of all ages in state or federal prisonslocal criminal prosecutors; or prerelease facilities; and (2) allowstate, local, or federal public defenders in criminal cases. Allows a borrower and the Federal Bureau of PrisonsAttorney General to applyenter into an additional loan repayment agreement, after the required three-year period, for a successive period of service which may be less than three years. Limits the amount paid under such program grants. on behalf of any borrower to $10,000 per calendar year and $60,000 total.

Allows granteesRequires the Attorney General to award eligible students upgive priority in granting repayment benefits to $3,000 for tuition, books, and essential materials and $300 for related services each year. Limitsborrowers who have the provision of educational servicesleast ability to the duration of a student's incarceration and related services, such as employment counseling, to no more than one year following the student's release.repay their loans.

Reauthorizes appropriations forRequires the Inspector General of the Department of Justice to report to Congress on the cost of such loan repayment program for FY2009-FY2013.and the impact such program has on the hiring and retention of prosecutors and public defenders.

(Sec. 942) Reauthorizes appropriations forDirects the Underground Railroad educationalComptroller General to study and cultural program for FY2009-FY2013.report to Congress on the impact of law school accreditation requirements and other factors on law school costs and access, including the impact of such requirements on racial and ethnic minorities.

Authorizes appropriations for such program for FY2009-FY2014.

(Sec. 944) Amends the Higher Education Amendments<b>Part F: Institutional Loan Repayment Assistance Programs</b> - (Sec. 961) Permits public or private IHEs, notwithstanding any other provision of 1992law, to reauthorize appropriations for Olympic scholarshipsgrant student loan forgiveness to students or alumni who are federal or District of Columbia employees if the IHE has a written, published policy regarding such forgiveness for FY2009-FY2013. students or alumni who perform public service.

(Sec. 945)<b>Part G: Minority Serving Institution Digital and Wireless Technology Opportunity Program </b> - (Sec. 971) Amends the Department of Education OrganizationStevenson-Wydler Technology Innovation Act of 1980 to establish, indirect the Department, an OfficeSecretary of InternationalCommerce to award grants and Foreign Language Education, headed by an Assistant Secretarycontracts to minority-serving IHEs and minority IHEs that serve a high proportion of needy students for Internationalthe acquisition and Foreign Language Education with extensive experience in internationalaugmentation of digital and foreign language instruction.wireless networking technologies to improve the quality and delivery of educational services at such institutions.

Makes the Assistant Secretary responsible for: (1) promoting the study of foreign languages and cultures at the elementary, secondary, and postsecondary levels; (2) administering the Department's programs on international and foreign language education and research, and its activities in international affairs; and (3) coordinatingAuthorizes appropriations for such programs with other related federal programs. program for FY2009-FY2012.

<b>Part D: Justice Department Programs</b> <b>Title X: Private Student Loan Improvement </b>- Private Student Loan Transparency and Improvement Act of 2008 - (Sec. 951) Amends the Omnibus Crime Control and Safe StreetsTruth in Lending Act of 1968 to direct the Attorney General to assume the obligation to repay student loans for borrowers who agree to remain employed, for at least three years, as: (1) state or local criminal prosecutors; or (2) state, local, or federal public defenders in criminal cases. Allows a borrowerimpose consumer protection and the Attorney General to enter into an additional loan repayment agreement, after the required three-year period, for a successive period of service which may be less than three years. Limits the amount paid under such programdisclosure requirements on behalf of any borrower to $10,000 per calendar year and $60,000 total.private educational lenders.

Requires the Attorney General<b>Subtitle A: Preventing Unfair and Deceptive Private Educational Lending Practices and Eliminating Conflicts of Interest</b> - (Sec. 1011) Prohibits private educational lenders from: (1) offering or providing gifts to give priorityIHEs, or IHEs from receiving them, in granting repayment benefits toexchange for loan business advantages; (2) revenue sharing with IHEs; (3) using IHEs' names or symbols in marketing their loans in a manner that implies that such IHEs endorse the loans; or (4) imposing fees or penalties on borrowers who have the least ability to repayprepaying their loans.

Requires the Inspector General of the Department of JusticeProhibits an institution's officers, employees, and agents with financial aid duties from receiving anything other than reasonable expenses for serving on advisory groups established by private educational lenders. Requires IHEs to report annually to Congressthe Secretary on the cost ofpayments for such loan repayment program and the impact such program has on the hiring and retention of prosecutors and public defenders.reasonable expenses.

Directs the Comptroller General(Sec. 1012) Subjects private educational lenders to studycivil liability when they fail to comply with borrower protection and reportdisclosure requirements. Requires civil actions to Congress onbe brought within one year after the impactfirst regular payment of law school accreditation requirements and other factorsprincipal on law school costs and access, including the impact of such requirements on racial and ethnic minorities.loan becomes due.

Authorizes appropriations<b>Subtitle B: Improved Disclosures for Private Education Loans</b> - (Sec. 1021) Sets forth the private student loan terms and conditions which lenders must clearly and conspicuously disclose to borrowers in any application or solicitation for such a loan and contemporaneously with the approval of a private student loan application. Requires the Board of Governors of the Federal Reserve System to create model forms that private educational lenders may use in providing such disclosures. Requires private educational lenders that have preferred lender arrangements with IHEs to provide such programIHEs annually with model disclosure form information for FY2008-FY2013.each type of private education loan offered to the schools' students or families.

(Sec. 952) AuthorizesGives private student loan borrowers 30 days after the Attorney General to make grants, throughloan is approved and the Office of Community Oriented Policing Services,required loan disclosure information is received to establishaccept and operate a National Center for Campus Public Safety. Directsconsummate the Attorney General, in establishing the Center,loan transaction. Allows borrowers to consult with the Secretary, the Secretary of Homeland Security, and the Attorney Generalcancel such loans, without penalty, within three business days of each state.their consummation.

(Sec. 953) AmendsAmends the federal criminal codeHEA to makeprohibit private education loans from being consummated before applicants submit a signed self-certification form, that the prohibition on nongovernmental contributionsSecretary develops and IHEs provide to students, informing applicants of the salaries of federal or District of Columbia employees inapplicable to public or private IHEs when they grantavailability of, and their possible eligibility for, federal, state, and institutional student loan forgiveness to students or alumni who are such employees. aid.

<b>Part E: Stevenson-Wydler Technology Innovation Act of 1980</b> - (Sec. 961) Amends(Sec. 1022) Makes the Stevenson-Wydler Technology InnovationTruth in Lending Act of 1980applicable to direct the Secretary of Commerce to establish a Minority Serving Institution Digital and Wireless Technology Opportunity program to assist minority-serving IHEs and IHEs that serve a high proportion of needy students in acquiring, and augmenting use of, digital and wireless networking technologies to improve the quality and delivery of educational services at such institutions.all private education loans.

Authorizes appropriations for such program for FY2008-FY2012.<b>Subtitle C: College Affordability </b>- (Sec. 1031) Amends the Community Reinvestment Act of 1977 to require that, when a federal financial supervisory agency assesses the record of a financial institution in meeting the credit needs of its local communities, the agency consider low-cost education loans provided by the financial institution to low-income borrowers.

<b>Title X: Private Student Loan Transparency<b>Subtitle D: Financial Literacy; Studies and ImprovementReports </b>- Private Student Loan Transparency and Improvement Act of 2007 - (Sec. 1003) Amends1042) Directs the TruthSecretary of the Treasury, in Lending Actcoordination with the Secretary and certain other federal agencies, to impose consumer protectiontake certain measures to enhance the financial literacy of postsecondary school students and disclosure requirementsassist them in navigating the financial aid process. Requires the Financial Literacy and Education Commission to report to Congress, within two years of this title's enactment, on private educational lenders.the state of financial education among students at IHEs.

<b>Subtitle A: Preventing Unfair<b>Title XI: Studies and Deceptive Private Educational Lending Practices and Eliminating Conflicts of Interest</b> -Reports -</b> (Sec. 1011) Prohibits private educational lenders from:1101) Directs the Comptroller General to study and report to Congress on: (1) offering or providing giftsthe performance of American students who receive federal student aid to IHEs, or IHEs from receiving them,attend graduate medical schools abroad, and provide data and recommendations to the National Committee on Foreign Medical Education and Accreditation to assist the Department in exchange for loan business advantages;reviewing such schools; (2) revenue sharing with IHEs;the collection of information on the employment of postsecondary school graduates; and (3) using IHEs' names or symbols in marketing their loans in a manner that implies that suchon the time and cost burdens to IHEs endorseassociated with completing the loans; or (4) imposing fees or penalties on borrowers prepaying their loans.Integrated Postsecondary Education Data System (IPEDS).

Prohibits an institution's officers, employees,(Sec. 1104) Requires the Secretary to study and agents with financial aid duties from participatingreport to Congress on the advisory councilsimplementation of private educational lenders or their affiliates.articulation agreements at State-supported college and university systems and other IHEs.

(Sec. 1012) Subjects private educational lenders1105) Directs the Comptroller General to civil liability whenanalyze and report to Congress on the compliance of proprietary IHEs with the requirement that they failderive at least 10% of their revenue from non-title IV sources.

(Sec. 1106) Requires the Secretary to complycontract with borrower protectionthe National Research Council of the National Academy of Sciences (NAS) to study and disclosure requirements.report on: (1) the amount and scope of all federal regulations and reporting requirements with which IHEs must comply; and (2) recommendations for consolidating, streamlining, and eliminating those that are redundant and burdensome.

(Sec. 1107) Directs the Secretary to contract with the National Research Council to study and report to Congress on: (1) the quality of distance education programs as compared to campus-based education programs at IHEs; and (2) current and alternative environmental, health, and safety standards for IHE research and teaching laboratories and facilities.

(Sec. 1109) Requires civil actionsthe Secretary to be brought within one year aftercommission a study and report to Congress and states on underrepresented minority males, particularly African American, Hispanic, Native American, Native Hawaiian, and Alaska Native males, completing high school and entering into and completing postsecondary education.

(Sec. 1110) Directs the first regular paymentSecretary to contract with the NAS Board on Testing and Assessment for a study identifying any race, ethnicity, and gender biases present in the content and construction of principalstandardized tests that are used for admission to IHEs.

(Sec 1111) Requires the Comptroller General to study and report to Congress on the amounts, uses, and public purposes of IHE endowments.

(Sec. 1112) Directs the Secretary to assess and report to Congress on the effects of providing prisoners with a postsecondary education.

(Sec. 1113) Requires the Secretary to: (1) study and report to Congress on the feasibility of expanding the student aid available under title IV of the HEA to less-than-half-time students; and (2) recommend to Congress a demonstration project, statutory and regulatory modifications, and accountability mechanisms to facilitate that expansion.

(Sec. 1114) Directs the Comptroller General to study and report to Congress on the methodology used to determine expected family contribution, particularly: (1) the HEA title IV educational assistance need analysis formula; and (2) the need for regional sensitivity in need analysis.

(Sec. 1115) Requires the Secretary to coordinate with public service organizations and interested parties a study and report to Congress on: (1) the effect of student loan becomes due. debt levels on the decisions of graduates of postsecondary and graduate education programs to enter into public service; and (2) measures that might be taken to increase the number of graduates who enter public service careers.

<b>Subtitle B: Improved Disclosures for Private Educational Loans</b> - (Sec. 1021) Sets forth(Sec. 1116) Directs the private student loan terms and conditions which lenders must clearly and conspicuously discloseSecretary to borrowers in any application or solicitationcontract with the NAS Center for Education for such a loanscientifically based study to determine if teachers and contemporaneously withteacher education programs meet the approvalneeds of a private student loan application. Gives private student loan borrowers 30 days afterstudents with reading and language processing challenges, including dyslexia. Requires reports to the loan is approvedSecretary and to Congress. Directs the required loan disclosure informationSecretary is received to accept and consummateassemble a task force to make policy recommendations regarding the loan transaction.Center's findings.

Allows borrowers(Sec. 1117) Requires the Secretary and the Secretary of the Treasury to study and report to cancel such loans, without penalty, within three business daysCongress on the feasibility and benefits of their consummation.developing a system through which a borrower who is repaying a loan through the income contingent repayment plan or the income-based repayment program may make payments on the loan using the income tax withholding system.

Requires private lenders(Sec. 1118) Directs the Secretary to provide written notificationreport to the relevant IHEs regarding such loans before extending credit in amounts equalCongress about alternatives ways to measure and report degree or exceeding $1,000. program completion rates for IHEs receiving title IV funds.

(Sec. 1022) Makes1119) Requires the Truth in Lending Act applicableComptroller General to study all private educational loans. the financial and compliance audits and reviews required or conducted under the FFEL and DL programs to compare them between such programs and assess their effectiveness and use in protecting federal and borrower interests.

<b>Subtitle C: Financial Literacy </b>- (Sec. 1031)(Sec. 1120) Directs the Secretary to convene a summit of the Treasury, in coordination with the Secretary of Educationhigher education experts, federal representatives, and business and certain other federal agencies,industry leaders to take certain measuresencourage cooperative efforts to enhance the financial literacy of postsecondary school studentssustainability programs at IHEs and assist them in navigatingapply such programs to the financial aid process. Requires the Financial Literacycommunity and Education Commission to report to Congress on the state of financial education among students at IHEs.workplace.

<b>Subtitle D: Study and Report on Nonindividual Information</b> - (Sec. 1041)(Sec. 1121) Requires the Comptroller GeneralSecretary to contract with the NAS Institute of Medicine to conduct a study and report to the Secretary and Congress onon: (1) constraints encountered by schools of nursing in admitting and graduating the impact nonindividual factors, including cohort default rates, accreditation,number of registered nurses necessary to ensure patient safety and graduation rates at IHEs, have onmeet the pricing, types,need for health care quality assurance; and availability of private educational loans. (2) recommendations to alleviate the constraints on a short-term and long-term basis.

<b>Subtitle E: Incentives for Low-Cost Educational Loans </b>- (Sec. 1051) Amends(Sec. 1122) Directs the Community Reinvestment Act of 1977Comptroller General to require that, when a federal financial supervisory agency assessesstudy and report to Congress on: (1) the impact nonindividual factors, including cohort default rates, accreditation, and graduation rates at IHEs, have on the recordpricing, types, and availability of a financial institution in meetingprivate education loans; (2) the credit needsfeasibility of its local communities,developing a national student loan clearinghouse on the agency consider low-cost educational loans provided byDepartment's website that helps prospective borrowers make informed decisions in selecting lenders from whom to obtain federal and private education loans; and (3) the financial institutionSecretary's efforts to low-income borrowers.enforce the ban on IHEs' offering incentive payments to persons or entities engaged in recruiting students or making student aid decisions for their success in securing enrollments or financial aid.
</summary>

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== Status of the Legislation ==

<status>
Latest Major Action: 2/25/2008: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.8/31/2008: Cleared for White House.
</status>

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== Points in Favor ==

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== Points Against ==

Page 411 of this 747-page bill is "Section 494(A): CAMPUS-BASED DIGITAL THEFT PREVENTION" wherein the bill's meaning takes a serious detour from its title. To prevent college students from illegally accessing copyrighted material, the section says all schools shall (when you see the word "shall" in a law, it's a requirement, not a suggestion):

1) Have "a plan for offering alternatives to illegal downloading or peer-to-peer distribution of intellectual property" and

2) Have "a plan to explore technology based deterrents to prevent such illegal activity."

The craziest thing about this is that noncompliant schools would lose all their federal funding, for all their students. No more Pell Grants. No more federal financial aid. No more student loans. This is not just draconian punishment for students who break the law, this punishes all students at that institution even if they did nothing!

Beyond that, both requirements actually work against the point of the bill itself -- implementation would likely raise school fees.

If a school requires students to sign up with an "alternative system," this means (for now) a for-profit company. Who pays for the subscription? And if a school has to use filtering software, who's going to pay for that? If schools have to prove compliance, they will have to make it mandatory -- folding it into school fees is the simplest way. How does that contribute to "Affordability?"

There's no good reason for fee hikes because the requirements could never solve the "problem." Let's back up: what's the problem and why are schools being forced to solve it?

If the problem is illegal (and there is legal) downloading and uploading and its effect on the industry, why are colleges being required to stop it? The RIAA and the MPAA often state that college networks are major sites of infringement -- but their own numbers don't back that up. The MPAA's own estimation is that 18.4 percent of copyright infringers overall are college students, who are responsible for 44 percent of lost revenue from copyright infringement.

Calculating "lost revenue" is tricky -- how to calculate what would have been paid if someone hadn't downloaded a song? What if it made them buy an album, or merchandise? What if downloading was easier than ripping a paid-for CD, LP or cassette?

But sticking with the MPAA's semi-bogus numbers, educational technology nonprofit Educause points out that "since less than 20 percent of college students live on campus and use the residence hall networks, this means that less than 4 percent of the infringers are using campus networks, and they are responsible for less than 9 percent of the losses. Over 91 percent of the claimed losses are on commercial networks." Get that: 4 out of every 100 infringers (even trusting the industry assessment of infringement, which usually is not too carefully defined) are on college networks. And yet this is so important that Congress will subvert federal education funding?

Further evidence of this entertainment industry power-grab is described in a letter against Section 494(A) signed by the President of Stanford University, the Chancellor of the University System of Maryland, the Vice President of Yale and the President of Penn State, which describes how representatives of the entertainment industry would be the ones to provide the data identifying which schools are "violators." Punishment would be based on these numbers, which would put the Secretary of Education basically under the direction of the entertainment industry! (PDF)

Equally cheesy is the requirement that schools endorse a particular music service. Since they would have to prove compliance in order to keep federal funding, what would be easiest is to fold the cost of membership to something like Napster or Ruckus into everyone's school fees. All these companies are limited: they may not have the music you want, or their files (like Napster's) are crippled with digital rights management software (DRM) so the files can't by played on iPods.

So you might be paying for a service that isn't guaranteed to have music you want or files you can even play. In fact, Educause points out that many universities have already considered working with existing companies only to reconsider based on complaints from their students. If the industry can't come up with a music service students want, why should Congress require state universities to subsidize the current failures?

And if they do use filtering software to monitor activity on college networks, how are those filters going to separate out all the legal activity from the illegal activity? College networks are obviously the site of many educational uses of all kinds of files, how will the filters know when the use is educational? How will students they allow access to public domain works? And what does filtering software -- essentially a way to tracking what you do online -- mean for students' privacy rights? These issues are too important to be packed into a few lines in an educational funding bill.

The above was originally written by Larisa Mann for WireTap.