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

== Detailed Summary ==

<summary>
College Opportunity and Affordability Act of 2008 - 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) admit students whose secondary education was conducted in a home school setting; (2) award degrees (not necessarily bachelor's degrees) that are acceptable for admission1965 (HEA) to a graduate or professional degree program;revise and (3) 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 or 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, disconnected students, 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 activitiesschools 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 funding of non-capital and indirect research and development costs at public IHEs and their funding of financial aid at private IHEs or become ineligibleRepeals the National Recognition Awards 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) Directs the Secretary108) Extends an authorization of appropriations to place lists on the College Navigator website each year, by specified categoriescontinue coverage of IHEs,prior rights and obligations for servicing outstanding bonds from certain earlier programs under title VII of the top 5%HEA before it was amended by the Higher Education Amendments of IHEs with the highest tuition1992 and fees, the lowest tuition and fees, and the largest percentage increase in tuition and fees over the most recent three-year period.Higher Education Amendments of 1998.

Requires each IHE on the latter list to: (1) issue a report to(Sec. 109) Directs the Secretary explaining such increase; and (2) establish a quality-efficiency task force to review school operations, set annual cost reduction benchmarks, and report to place information on the IHE and the Secretary on its findings. Requires schools that failDepartment's website to meet such benchmarks to give the Secretary a detailed explanation for such failure which, together with the earlier explanationassist students, families, and the task force report, shall be summarizedemployers in a report providedunderstanding what diploma mills are and how to Congressidentify and on the College Navigator website.avoid them.

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

Requires the Secretary to develop a net price calculator 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 makestate student financial aid available for use on their websites such net price calculator 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 the Commission of the Bureau of Labor Statistics to develop postsecondary education price indices that: (1) accurately reflect the annual change in tuition andProhibits charging user fees for undergraduate students in specified categoriesuse of IHEs; and (2) are to be made available on the College Navigator website. Department's financial aid websites.

Requires(Sec. 111) Directs the Secretary to postplace on the College Navigator website additional basic information about each IHE's students, teachers, assistance, costs,year lists of the: (1) 5% of IHEs that have the highest tuition and safetyfees 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 make such information available to IHEs, students, families,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 other consumers. fees for the most recent year; and (6) 10% of IHEs that have the lowest net price for the most recent year.

DirectsRequires IHEs on the Commissioner of Education Statistics to continue redesigninglists for the Integrated Postsecondary Education Data Systemlargest percentage increases in tuition and fees or net price over the most recent three years to includeissue reports to the Secretary explaining such additional data and improveincreases, the usefulnesssteps they will take toward reducing costs, and timeliness of data collected bythe extent to which their state governments are responsible for such System.cost increases. Requires the Secretary to summarize such reports in a report to be provided to Congress and placed on the College Navigator website.

DirectsRequires the Secretary to conduct a surveyreport annually on the College Navigator website comparisons for each state of title IVpercentage 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 recipients on a state-by-state basis at least once every four years.provided to such students.

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

Requires the Secretary to post 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 CongressLabor Statistics website that IHEs should participateprovides regional data on starting salaries in effortsall major occupations.

Directs the Commissioner of Education Statistics to provide concise, easily accessible, on-line consumercontinue 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 prospective studentsdevelop, and make available on the College Navigator website, a multi-year tuition calculator to help current and prospective students, their families that is consistent across IHEs while permitting opportunitiesfamilies, and other consumers estimate the amount of tuition an individual may pay to attend an IHE in future years and compare such estimate with those for more in-depth explorationother schools.

Directs the Secretary to conduct a survey of specific IHEs.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 in the preceding 10 years;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) Prohibits a state from charging more thanDirects the instate tuition for attending a public IHE in that state to: (1) members of the armed forces who areComptroller General to report to Congress on active duty for more than 30 daysthe implementation of these requirements by IHEs, college bookstores, and whose domicile or permanent duty station is in such state; or (2) such members' dependents. publishers.

Provides that, even if such members' permanent duty station is subsequently changed to a location outside(Sec. 113) Prohibits the state, theycreation or their dependents must continuemaintenance of a federal database of personally identifiable student information. States that such prohibition does not apply to be charged no more than the instate tuition if they remain continuously enrolled at such IHEcertain data systems in the state.use before this Act's enactment, or state databases that track individuals over time.

(Sec. 113) Requires IHEs to report annually to114) Prohibits a state from charging more than the Secretary on their useinstate tuition for attending a public IHE in that state to: (1) members of endowment funds to reduce the costs of their programs.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 members' dependents.

(Sec. 114) EstablishesProvides that, even if such members' permanent duty station is subsequently changed to a State Higher Education Information System Pilot program under whichlocation outside the Secretary shall award competitive grants to up to five states, consortia of states,state, they or consortia of IHEs to: (1) design, test, and implement state-level postsecondary student data systems that provide the maximum benefitstheir dependents must continue to states, IHEs, and state policymakers; and (2) examinebe charged no more than the costs and burdens involved in implementinginstate tuition if they remain continuously enrolled at such systems.IHE in the state.

(Sec. 115) CreatesEstablishes a new part E (Lender and Institution Requirements Related to Educational Loans)State Higher Education Information System Pilot program under title Iwhich 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 HEA.maximum benefits to states, IHEs, and state policymakers; and (2) examine the costs and burdens involved in implementing such systems.

Requires lenders(Sec. 116) Requires states to maintain or increase their funding of FFELs entering into preferred lender arrangements withnon-capital and indirect research and development costs at public IHEs to certify annuallyand their compliance with thefunding of financial aid at private IHEs or become ineligible for this Act's requirements. new grants to expand college access and increase college persistence under the College Access Challenge Grant program. Allows the Secretary to waive such requirement for states facing exceptional circumstances.

Prohibits IHEs from allowing lenders to market private educational loans in a manner that implies their endorsement(Sec. 117) Revises requirements for: (1) the performance-based organization for delivery of such loans. federal student financial assistance; and (2) procurement flexibility.

Directs the Secretary(Sec 119) Prohibits IHEs from using federal HEA funds to report to Congress on the adequacy of educational loan information provided to borrowers and include a model disclosure formlobby for lenders that have preferred lender arrangements with IHEs to use 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. federal contracts, grants, loans, cooperative agreements, or earmarks.

Requires IHEs(Sec. 120) Creates a new part E (Lender and Institution Requirements Related to provideEducational Loans) under title I of the Secretary, prospective borrowers, and the public with the disclosure form information on preferred lenders and a detailed explanation as to why their loans are beneficial to borrowers in time for borrowers to take such information into account before applying for a loan.HEA.

Requires IHEsDirects the Secretary, within 18 months of this Act's enactment, to disclose on their websitesdetermine the minimum information that lenders, IHEs, and IHE affiliates participating in their informational materials: (1) that they cannot limit studentspreferred lender arrangements must provide regarding FFELs offered to recommended lendersstudents and must process loan documents from any eligible lender; (2)their families. Includes within such minimum information certain information required under the Truth in Lending Act. Requires the Secretary to develop a model disclosure form information regardingthat preferred lenders; (3) the maximum federal student aid available;lenders, IHEs, and (4) their cost of attendance. IHE affiliates may use.

Requires IHEs and their affiliates that provide prospective borrowers with private educational loan informationparticipate in preferred lender arrangements to inform studentsinclude on their websites and parents of:financial aid informational materials: (1) their eligibility forthe minimum FFEL information required by the Secretary; (2) the maximum amount of student aid available under title IV assistance;of the HEA; (3) a statement that the IHE is required to process FFEL documents received from any eligible lender the student selects; and (2) compare and distinguish(4) with respect to private loans from title IV loans.education loans, certain information required under the Truth in Lending Act.

Requires IHEslenders in preferred lender arrangements annually to develop, publicize,provide participating IHEs, IHE affiliates, and enforce codes of conductthe Secretary with the minimum FFEL information required by the Secretary for their officers, employees, and agents that prohibit conflictseach type of interest with respectFFEL such lender plans to educational loans.offer for the next award year.

Prohibits IHE financial aid personnel from:Requires IHEs and their affiliates in preferred lender arrangements to: (1) accepting giftsprohibit providers of private education loans from lenders, guarantors,implying that a loan is being made by the school or servicersits affiliate; (2) ensure that the name of educationalprivate lenders is on all materials relating to such loans; (2) accepting any compensation for providing services(3) issue annual reports to orthe Secretary and the public that include the minimum information required regarding FFELs and private loans issued under such arrangements, as well as an explanation of the rationale for lenders;entering into such arrangements; and (3) participating on any lender or lender affiliate advisory councils. Requires(4) comply with the Department's Inspector Generalcode of conduct schools participating in title IV loan programs are required to investigate any reported gift ban violation. develop (see Sec. 493).

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 acceptingRequires lenders offers of funds for private student loansFFELs that are in exchange for business concessions or status as preferred lenders of title IV loans. Prohibits lenders from making such offers.lender arrangements to certify annually their compliance with this Act's requirements.

Conditions the receipt of federal fundsDirects IHEs and assistance by schools and lenders on their compliance with part E. Establishes penalties for noncomplianceaffiliates that include:provide information about private education loans to: (1) banning lenders from participatingprovide prospective borrowers with certain information required under the Truth in Lending Act; (2) inform them that they may qualify for assistance under title IV programs; and (2) a $27,500 civil penalty for schools and lendersof the HEA that participatehas more favorable terms than private loans; and for those(3) ensure that do not participate in title IV programs. loan and private loan information is kept distinct.

Requires FFEL lenders and the Secretary, for loans under title IV's Direct Loan (DL) or Perkins Loan (PL) programs, to: (1)to provide their borrowers of: (1) FFEL or Direct Loans (DLs) with specified written information regardingconcerning loan costs, terms, status, and repayment options before and during loan repayment;or when they disburse such loans; and (2) contact borrowers who have nonstandard repayment plans, every year after five years have passed since their selection of such plan, to ascertain if they are able to select shorter repayment plans that would reduceprivate education loans with disclosures required under the total interest they pay.Truth in Lending Act.

Requires IHEsRequires FFEL lenders to provide counselingreport annually to FFEL, DL, and PL borrowers before they sign their first promissory note regarding the average indebtedness of borrowers at the school, sample monthly repayment amounts basedSecretary on a rangecertain reimbursements provided to agents of student indebtedness levels, starting salaries forIHEs and their graduatesaffiliates who are involved in different fields of study, repayment options, and the likely consequences of default.financial aid. Requires the Secretary to provide informationsummarize such reports in an annual report to IHEs to enable them to provide borrowers with such counseling and include such information on the Department's website. Congress.

(Sec. 116) DirectsDirects the Secretary to studyprovide IHEs participating in the feasibility of developing a National Electronic Student Loan MarketplaceDL program with completed model disclosure forms that would providecontain the same information for a registry of realtimeDLs that is required to be disclosed for FFELs. Requires IHEs to provide students and prospective students with the information on federal and private student loans. 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 pre-servicepreservice 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 IHEs that provide teacher training and enroll students who receive HEA assistance to set annual quantifiable goals for: (1) increasing the number of prospective teachers trained in teacher shortage areas; and (2) linking the training they provide more closely with the needs of schools and the instructional decisions new teachers face in the classroom. Directs such IHEs to report publicly on their performance toward such goals.

Reauthorizes 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 Learners program.

Authorizes the Secretary to award to consortia of IHEs, states or LEAs,Requires IHEs that provide teacher training and entities ableenroll students who receive HEA assistance to assist inset annual quantifiable goals for increasing the technology-related reformnumber of prospective teachers trained in 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 pre-service teacher preparation with high-need schools;shortage areas designated by the Secretary or (2) transformative grants for transformingby the way departments, schools,State, including mathematics, science, special education, and collegesinstruction of education teach classroom technology integration to teacher candidates. limited English proficient (LEP) students.

LimitsAuthorizes appropriations for the federal share of any project's cost to 75%. Teacher Quality Partnership grant program for FY2009-FY2011.

Authorizes appropriations forReplaces the Preparing Tomorrow's Teachers for Digital Age Learnersto Use Technology program for FY2009-FY2011.of part B of title II with the Enhancing Teacher Education program.

Creates a new Part C (Enhancing Teacher Education) to title II of the HEA. Authorizes appropriations for such program for FY2009-FY2014.

Establishes a new RecruitingPreparing Teachers With Math, Science, or Language Majorsfor Digital Age Learners program requiringauthorizing the Secretary to award competitive grants to IHEsconsortia of IHEs, states or LEAs, and entities able to improveassist in the availability, recruitment, and retentiontechnology-related reform of teachers fromteacher preparation programs: (1) partnership grants for developing long-term partnerships among students majoring in such subjects, special education, or those teaching English to LEP students. Gives grant priority to schoolsconsortium members that focusare focused on preparingeffective teaching with modern digital tools and retaining teachers in subjects in which there is a shortage of highly qualified teachers, prepare students to teach incontent that connect preservice teacher preparation with high-need schools; or (2) transformative grants for transforming the way departments, schools, and plancolleges of education teach classroom technology integration to seek matching funds from other governmental and non-governmental sources. teacher candidates.

Establishes a new Community Colleges as Partners in Teacher Education Grants program authorizingLimits the Secretary to award competitive grants to partnerships among community colleges, four-year IHEs, and a state, LEA, or professional teacher organization for use in: (1) establishing or enhancing teacher education or postbaccalaureate certification programs at community colleges; and (2) developing and delivering professional development for teachers. Gives grant priority to partnerships that aim to increase the diversificationfederal share of the teacher workforce or prepare teachersany project's cost to teach high-demand subjects or in high-need schools. 75%.

Establishes a newan Honorable Augustus F. Hawkins Centers of Excellence program authorizing the 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.

Requires the use of such grants to ensure that current and future teachers are highly qualified by: (1) reforming teacher preparation programs so that teachers are able to understand scientifically-based research and use advanced technology effectively in the classroom; (2) providing preservice clinical experience and mentoring to prospective teachers, and increased interaction between IHE faculty and new and experienced elementary and secondary school teachers and administrators; (3) implementing initiatives to promote the retention of highly qualified teachers and principals; (4) awarding need-based scholarships for students in teacher preparation programs; (5) disseminating information on effective teacher preparation practices; and (6) conducting certain other activities authorized under title II.

AuthorizesEstablishes a Teach to Reach grant program authorizing the Secretary of to award a grantcompetitive grants to Teach For America, Inc.partnerships between IHEs and high-need LEAs to implementmore effectively prepare general education teacher candidates to instruct disabled students in their classrooms. Requires such preparation to include extensive clinical experience, with mentoring and expand its programinduction support throughout participants' first year of recruiting, selecting, training, and supporting new teachers who commitfull-time teaching. Requires grantees to teach for two years in underserved communities. Directsevaluate their programs and the Secretary to arrange a study, at least once every three years, examininguse such evaluations to report to Congress and the achievement levels ofpublic on best practices for instructing disabled students taught by such teachers.in general education classrooms.

AuthorizesEstablishes an Adjunct Teachers Corps program authorizing the Secretary to award competitive grants to a state for the establishmentLEAs or partnerships of a State Early Childhood Education Professional DevelopmentLEAs and Career Task Force: (1) composedpublic or private educational organizations or businesses to recruit and train individuals outside of state, higher education,the elementary and early childhoodsecondary 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 agreehave expertise in mathematics, science, or critical foreign languages to workserve as adjunct content specialists in early childhood education programs.such subjects at secondary schools.

AuthorizesDirects the Secretary to award competitivemake grants to partnerships of IHE teacher programs, IHE special education programs, and high-need LEAsIHEs to more effectively prepare general education teacher candidatesprovide graduate fellowships to instruct disabled students who are pursuing studies that lead to doctorates in their classrooms. Requires such preparationstudies that equip them to include extensive clinical experience, with mentoringteach others to become highly qualified elementary and secondary school mathematics and induction support throughout participants' first year of full-time teaching.science teachers, special education teachers, and teachers who provide instruction for LEP students. Requires granteesfellowship recipients to evaluate their programs and the Secretaryteach, for a period of time equal to use such evaluations to report to Congress and the public on best practices for instructing disabled students in general education classrooms.term of their grant, at IHEs that have teacher preparation programs.

Authorizes appropriations for<b> Title III: Institutional Aid</b> - Revises and reauthorizes title III (Institutional Aid programs) of the Part C programs for FY2009-FY2013. (Sec. 202) Directs the Secretary to contract with the National Academy of Sciences (NAS) for a two-year study to develop suggested best practices in teacher preparation for schools of education.HEA.

<b>Title III: Title III Amendments</b> - Revises and reauthorizes title III (Institutional Aid programs)(Sec. 301) Expands the authorized uses of institutional aid to include remedial education, English language instruction, and educational or counseling services to improve the HEA.financial and economic literacy of students or their families.

(Sec. 301) Expands303) Establishes a formula grant program, including a minimum grant amount, for tribally controlled colleges and universities (replacing the current competitive grant program). Authorizes the authorized usesuse of institutional aidgrant funds for: (1) acquiring adjacent property on which to include educationalconstruct instructional facilities; (2) instruction in tribal governance or counseling servicestribal public policy; and (3) developing and improving facilities for Internet and other distance education technologies. Authorizes the Secretary to improvereserve 30% of the financialappropriations for such colleges and economic literacy of students oruniversities to award one-year grants for their parents.construction, maintenance, and renovation needs.

(Sec. 302)305) Establishes a new program awarding formula grant program, including a minimum grant amount, for tribally controlled colleges and universities (replacing the current competitive grant program). Authorizes the use of grant funds for:grants to Predominantly Black Institutions to: (1) acquiring adjacent property on whichenhance their capacity to construct instructional facilities;serve more low- and middle-income Black American students; (2) assisting faculty attain advanced degrees in tribal governance or tribal public policy; and (3) developing and improving facilitiesexpand higher education opportunities for students eligible for Internet and other distance education technologies. Authorizes the Secretary to reserve 30%student assistance under title IV of the appropriations forHEA by encouraging such colleges and universitiesstudents to award one-year grantsprepare for college and persist in secondary and postsecondary education; and (3) strengthen their construction, maintenance, and renovation needs.financial ability to serve the academic needs of such students.

(Sec. 303) Establishes 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 opportunities for students eligible for student assistance under title IV of the 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.

DefinesDefines Predominantly Black Institutions as accredited 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; and (3) 50% of whom are low-income or first-generation college students. Requires the spending per full-time undergraduate student of such institutions to be low in comparison towith that of institutions offering similar instruction.

Allows grant recipients to use up to 20% of their 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.

Establishes a minimum allotment for each institution which is to be ratably reduced if appropriations are insufficient to pay it.

(Sec. 304)306) Establishes a new competitive grant program for Asian American and Pacific Islander-servingNative American-serving, non-tribal institutions to enhance their capacity to serve Asian AmericanNative Americans and Pacific Islander students.low-income individuals. Requires the undergraduate student enrollment of Native Americans at such institutions to be at least 10% of the total undergraduate enrollment.

Defines Asian American and Native American Pacific Islander-serving institutions as accredited institutions that have a significant enrollment of financially needy students and an enrollment of undergraduate students that are at least 10% Asian American and Native American Pacific Islander students. RequiresSets the spending per full-time undergraduate student of such institutions to be low in comparison to that of institutions offering similar instruction. minimum grant at $200,000.

Gives(Sec. 307) Establishes a new competitive grant priority toprogram for Asian American and Pacific Islander-serving institutions thatto enhance their capacity to serve a significant percentage of low-income Asian American and Native American Pacific Islander students.students and low-income individuals.

(Sec. 305) Establishes a new competitive grant program forDefines Asian American and Native American-serving, non-tribalAmerican 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 Americans.American Pacific Islander students. Requires the spending per full-time undergraduate student enrollment of Native Americans at such institutions to be at least 10%low in comparison with that of the total undergraduate enrollment. institutions offering similar instruction.

(Sec. 306) Revises theGives grant program for historically Black colleges and universitiespriority to direct the Commissionerinstitutions with an enrollment of the BureauAsian American and Native American Pacific Islander students at least 10% of Labor Statistics and the Secretary to consult with the Commissioner for Education Statistics in determining professional and academic areas in which blacks are underrepresented.low-income individuals.

Authorizes(Sec. 308) Revises the use of grant funds for: (1) the acquisition of real propertyprogram for campus facilities; (2) education or financial services information designedhistorically Black colleges and universities to improvedirect the financial literacy and economic literacyCommissioner of students or their parents; and (3) technical assistance or services necessary for the implementationBureau of approved projects or activities. Labor Statistics and the Secretary to consult with the Commissioner for Education Statistics in determining professional and academic areas in which blacks are underrepresented.

ConditionsAuthorizes the use of grant funds for: (1) the acquisition of real property for campus facilities; (2) education or financial services information designed to improve the financial literacy and economic literacy of students or their families; and (3) services necessary for the implementation of approved projects or activities.

Conditions the eligibility of historically Black colleges and universities for grants on their furnishing the Secretary with certainannual data indicating that in the previous academic year they have enrolled Pell grant recipients, graduated students in the previous academic year,students, and, where appropriate, sent somehad graduates who, within five years of graduation, went on to graduate or professional school. school in disciplines in which Blacks are underrepresented.

Authorizes 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 families; (3) services necessary for the implementation of approved projects or activities, and (4) tutoring, counseling, and student service programs designed to improve academic 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)314) Alters responsibilities of designated bonding authorities under the historically Black colleges and universities capital financing program, including by lowering the maximum issuance charge and interest rate they may charge, and requiring them to forbear or defer loan collection in certain situations.program.

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 specify up to threeto: (1) ensure that the selection process for the designated bonding authoritiesauthority is competitive and provide for thetransparent; and (2) review the performance of their authorizations at least every three years.the designated bonding authority after the third year of the insurance agreement to determine if such selection process should be revamped.

AltersRequires the size and composition ofSecretary to report to Congress on the HBCUDepartment'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 Advisory Board.program.

(Sec. 309)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 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.

ProhibitsProhibits 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 27 quarters.the equivalent. Provides thatthat, for students who are not enrolled full-time, only the fraction of time enrolled shall count toward such limits.

Eliminates the expected family contribution used in determining Pell Grant eligibility in the case of 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, including youth who leave foster care after reaching age 16, 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.

Establishes an appeals process for TRIO 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 Armed Forces Reserves from being deemed ineligible to participate in TRIO programs that are designed speciallybecause of age if they served on active duty for LEP students, disconnected students, and groupsa period of more than 30 days or in support of disadvantaged persons who have particular lower educational accessa contingency operation on or outcomes.after September 11, 2001.

RequiresRevises required activities and permissible activities under TRIO programs. Authorizes and, for many TRIO programs, requires the Secretaryuse of funds for services designed to discontinueimprove the absolute priority for Upward Bound Program participant selectionfinancial and evaluation published by the Department in the Federal Register on September 22, 2006. economic literacy of students.

Includes Native Hawaiians and Pacific Islanders in the Postbaccalaureate Achievement programPermits TRIO programs that are designed to provide disadvantaged college students with effective preparationspecially for doctoral study. 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.

(Sec. 403) Reauthorizes appropriations for Gaining Early Awareness and Readiness for Undergraduate Programs (GEARUP) for FY2009-FY2013. Prohibits the denial of TRIO Upward Bound program participation to students who enter the program after the ninth grade.

AllowsRequires the Secretary to award seven-year GEARUP grants. discontinue the absolute priority for Upward Bound program participant selection and evaluation published by the Department in the Federal Register on September 22, 2006.

Requires granteesIncludes Alaska Natives, Native Hawaiians and Native Pacific Islanders in the Postbaccalaureate Achievement program designed to provide disadvantaged college students with the option of receiving services through their first year at an IHE.effective preparation for doctoral study.

Requires grantees, if they do not use a cohort approach in providing GEARUP services, to treat disconnected students as priority students(Sec. 404) Reauthorizes appropriations for participation in GEARUP.Gaining Early Awareness and Readiness for Undergraduate Programs (GEARUP) for FY2009-FY2014.

Allows GEARUP applicants or grantees to request reduced matching requirements due to unforeseen changesIncludes Disabled students in circumstances. Treats every nonfederal dollar spent to providethe GEARUP students with financial assistance for postsecondary education as two dollars for the purpose of satisfying the matching requirement.program.

Includes among permissibleAllows the Secretary to award six-year GEARUP activities: (1) special programsgrants or tutoringseven-year grants to grantees that provide services to students through their first year 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.college.

AltersRequires grantees to provide: (1) students with the formula for determiningoption of receiving services through their first year at an IHE, if the minimumprovision of such services was described in their grant application; and (2) services to students who have received services under a previous GEARUP scholarship.grant, but have not yet completed the 12th grade.

(Sec. 404) RepealsAllows GEARUP applicants or grantees to request reduced matching requirements. Allows grantees to count toward the Academic Achievement Incentive Scholarships program.matching requirement amounts contributed to, and administrative costs for, GEARUP student scholarships.

(Sec. 405) Reauthorizes appropriations for federal Supplemental Educational Opportunity Grants (SEOG) for FY2009-FY2013. Increases the allowance for booksRevises required activities and supplies in determining cost of attendancepermissible activities under SEOG.GEARUP.

(Sec. 406) Reauthorizes appropriationsIncludes 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 Leveraging Educational Assistance Partnership (LEAP) Program for FY2009-FY2013. Increases the maximum LEAP grant from $5,000importance of a college education; and (5) enabling eligible students to $12,500. enroll in Advanced Placement, International Baccalaureate, or college entrance examination preparation courses. Lists permissible GEARUP activities by state grantees.

ReplacesRequires 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.

Requires that when fiscal year HEP/CAMP appropriations equal or exceed $40 million at least 45% of those appropriations be devoted to the HEP and at least 45% be devoted to the CAMP.

(Sec. 408) Replaces the Robert C. Byrd Honors Scholarship program with 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 program 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; (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; and (4) an Adjunct Teachers Corps program awarding grants to LEAs or partnerships of LEAs and public or private educational organizations or businesses to recruit and train individuals outside of the elementary and secondary education system who have expertise in mathematics, science, and critical foreign languages to serve as adjunct content specialists in such subjects at secondary schools.

Requires the Secretary to identify and report to Congress on best practices(Sec. 409) Reauthorizes appropriations for strengtheningFY2009-FY2014 for the Robert C. Byrd Honors Scholarship Program. Makes home-schooled children eligible under the role of minority-serving IHEs in increasing our critical foreign language education efforts.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 identify extenuating circumstances that would excuse grant recipients from service obligations.

Directs the Secretary to evaluatesubmit biennial reports to Congress regarding the effectiveness of TEACH grants. grant program.

<b>Part B: Federal Family Education Loans</b>Loan</b> <b>Program</b> - (Sec. 421) Extends federal insurance and interest subsidies on FFELs through FY2013,FY2014, and through FY2017FY2018 for new FFELs provided to existing borrowers.

(Sec. 423) Requires lenders, secondary markets, holders, or guaranty agencies to provide, upon request, free and timely title IV student loan information to IHEs, or third party servicers working422) Excludes students' receipt of veterans' educational benefits, including benefits received under the Montgomery GI Bill, in determining their need for IHEs, to prevent loan defaults by current or former students.FFEL interest subsidies.

(Sec. 424) Directs the Secretary to submit annually to Congress an evaluationRequires lenders that provide student borrowers of unsubsidized FFELs with a loan deferment to inform such borrowers regarding the effect voluntary flexibility agreements with guaranty agencies (providing such agencies with statutory or regulatory waivers)deferment will have on the FFEL program.total cost of the loan.

(Sec. 425) RequiresAdds to the repayment ofbusiness inducements FFEL principal by graduateguaranty agencies are prohibited from offering IHEs and lenders to include stock or professional student borrowersother securities, prizes, travel, entertainment expenses, and tuition payment or reimbursement. Prohibits guaranty agencies from performing or paying another person to commence six months afterperform any function the date the student ceasesIHE is required to carry at least one-halfperform under the normal full-time academic workload. FFEL or DL programs.

(Sec. 426) DirectsRequires FFEL lenders to clearly and conspicuously disclosegranting forbearance to borrowers seeking to add federal Perkins loans (PLs)provide them with information concerning its effect on the total cost of their loan and to federal consolidation loans that they will lose all PL interest-free periodskeep them updated, at least once every 180 days, concerning the loan's accrual of interest and cease to be eligible for PL cancellation duetheir option to employment in certain public service jobs.discontinue forbearance at any time.

(Sec. 427) Extends the authorityRequires guaranty agencies that receive default claims from FFEL lenders to provide defaulting borrowers with information regarding options for federal consolidationremoving their loans through FY2013.from default.

(Sec. 428) Raises, from 10% to 15%,423) Directs the cohort default rate which IHE's must fall belowSecretary to be exempt fromsubmit annually to Congress an evaluation of the effect voluntary flexibility agreements with guaranty agencies (providing such agencies with statutory or regulatory waivers) have on the FFEL multiple disbursement and first year student endorsement requirements.program.

(Sec. 429) Turns the Loan Forgiveness for Child Care Providers program into the Loan Forgiveness for Service424) Authorizes lenders to provide PLUS FFELs to parents who, between January 1, 2007, and December 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 Areaseffect before enactment of National Need program providing loan forgiveness under the FFEL and DL programsEnsuring Continued Access to certain full-time early childhood educators, nurses, foreign language specialists, librarians, highly qualified teachers, child welfare workers, speech-language pathologists and audiologists, national service participants, school counselors, public sector employees, nutrition professionals, medical specialists, mental health professionals, dentists, individuals employed in engineering, technology, applied sciences, or mathematics, physical therapists, and school superintendents, principals, or other administrators. Student Loans Act of 2008.

Authorizes appropriations for such program for FY2009-FY2013. Allows the deferral of PLUS FFEL principal repayment by graduate or professional students and parents who are students until six months after the date they cease to carry at least one-half the normal full-time academic workload.

(Sec. 430)425) Directs the Secretarylenders to inform borrowers seeking to assumeconsolidate loans: (1) of repayment terms, including the obligationability to repay student loans under the FFEL, DL,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 PL programs on behalf of civil legal assistance attorneysdeferment and cancellation options will be lost; (4) that other lenders may offer different terms; and (5) that applying for the duration of agreements between the Secretary and such attorneys requiring their continued employment in such capacity for at least three years. Authorizes the Secretaryloans does not oblige borrowers to enter into additional agreements with civil legal assistance attorneys who have completed their service obligation. take them.

Authorizes appropriations for such program for FY2009-FY2013.Requires the Secretary of Education to offer direct consolidation loans to eligible military personnel who want to avoid the accrual of interest on existing loans. (See section 451, below, which makes no-accrual DLs available to certain military personnel).

(Sec. 431) Requires the Secretary to assume the obligation to repay or cancelExtends the authority for federal consolidation loans of student borrowers under the FFEL and DL programs who commit to volunteering as mentors of at-risk children for at least one school year and attend a recognized community college.through FY2014.

(Sec. 432)426) Requires guaranty agencies and other holders of FFEL loans under default reduction programs to request consumer reporting agencies to remove borrowers' records of default upon the Secretary, priorsale of such loans. Limits the loan rehabilitation benefits available to agreeingborrowers under such programs to any proposed claims settlement exceeding $1 million,one time per loan. Requires default reduction programs to ask the Attorney Generalmake financial and economic education materials available to review its terms. borrowers who rehabilitate loans.

(Sec. 433) Requires guaranty agencies427) Raises, from 10% to develop specific delinquency and15%, the cohort default prevention programs, and provide training for students and families in budgetingrate which IHE's must fall below to be exempt from FFEL multiple disbursement and financial management.first year student endorsement requirements.

(Sec. 434) Raises, from 25% to 30%, beginning428) Clarifies that the $2,000 increase (to $6,000) 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 ofmaximum annual unsubsidized Stafford FFEL, provided under the three most recent fiscal years. Sets forth an appeals process allowing IHEs who meet or exceed such rateEnsuring Continued Access to Student Loans Act of 2008, applies only to obtain regulatory relief by demonstrating exceptional mitigating circumstances. undergraduates.

Requires(Sec. 429) Includes teachers employed by educational service agencies in the FFEL forgiveness program for teachers.

(Sec. 430) Turns the Loan Forgiveness for Child Care Providers program into the Loan Forgiveness for 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.

Authorizes appropriations for such program for FY2009-FY2014.

(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 duration of agreements between the Secretary and such attorneys requiring their continued employment in such capacity for at least three years. Excludes Parent PLUS loans from such program. Authorizes the Secretary to enter into additional agreements with civil legal assistance attorneys who have completed their service obligation.

Authorizes appropriations for such program for FY2009-FY2014.

(Sec. 432) Requires reports to credit bureaus (now to be referred to as credit reporting agencies) and IHEs to include information regarding the repayment status of educational loans.

(Sec. 433) Requires the Secretary, before agreeing to any proposed claims settlement under title IV exceeding $1 million, to ask the Attorney General to review its terms.

Allows 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. Directs the Secretary to place such IHEs' cohort default rates and remedial plans on the College Navigator website.

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.

(Sec. 434 [<i>sic</i>]) IncludesIncludes 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.

(Sec. 435) Makes changesExpands the activities disqualifying lenders from participation in the calculation of IHEs' cohort default ratesFFEL program, including: (1) offering specified inducements to IHEs; (2) performing certain uncompensated services for FFELs. IHEs; and (3) entering into certain business arrangements with students or school financial aid employees.

Directs the Secretary to collectRequires schools serving as FFEL lenders and report cohort default rates and life of cohort default rates for each category of IHE.lenders serving as school trustees to provide annual compliance audits to the Secretary.

(Sec. 436) RequiresRevises the Secretary to accept documentation that the Departmentcalculation of Veterans Affairs has rated student borrowers as permanently and totally disabled as sufficient documentationIHEs' cohort default rates for the discharge of their FFELs.

<b>Part C: College Work/Study</b> - (Sec. 441) Reauthorizes appropriationsDirects the Secretary to report cohort default data and life of cohort default rates for Work-Study (WS) programs for FY2009-FY2013.each category of IHE.

Allows WS funds(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 used for activities that respondexpected to community needs, including disaster preparation and response activities.result in death or last at least 60 continuous months. Allows the Secretary to develop anti-fraud safeguards.

IncreasesRequires the allowance for books and supplies in determining costSecretary to accept documentation that the Department of attendance underVeterans Affairs has determined that a student borrower is unemployable due to a service-connected condition as sufficient documentation for the WS program.discharge of such borrower's FFELs due to permanent and totally disability.

Requires each IHE receiving WS program funds to include at least one civic education and participation project and 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<b>Part C: Federal Work-Study</b> <b>Programs</b>- (Sec. 441) Reauthorizes appropriations for such projects to exceed 75%.Work-Study (WS) programs for FY2009-FY2014.

Allows IHEs in major disaster-affected areas to pay disaster-affected students amounts equal to or less thanIncludes emergency preparedness and response among the amounts suchcommunity services students would have been paid had the students been able to complete their work obligation.may participate in under WS programs.

(Sec. 442) AuthorizesIncreases 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 educationallowance for books and disaster preparation and response activities. supplies in determining cost of attendance under the WS program.

Authorizes appropriations(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 grant program for FY2009-FY2013.projects to exceed 75%.

(Sec. 443) Revises work college requirements by: (1) referring444) Allows IHEs in major disaster-affected areas 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 residentpay disaster-affected students enrolled on a full-time basis,amounts equal 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. amounts such students would have been paid, for up to one academic year, had the students been able to complete their work obligation.

<b>Part D: Federal Direct Student Loans</b> - (Sec. 451) Extends funding through FY2013 for(Sec. 445) Increases the costsamount of administering the FFEL and DL programsits WS allocation which an IHE may use for job location and paying FFEL account maintenance fees to guaranty agencies.development.

(Sec. 452) Clarifies446) Authorizes the definition of publicSecretary to award grants to IHEs to supplement off-campus community service jobs for the purpose of DL cancellations for public service employees. employment. Gives grant priority to IHEs that support postsecondary students who assist in early childhood education and disaster preparation and response activities.

(Sec. 453) 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. Authorizes appropriations for such grant program for FY2009-FY2014.

(Sec. 454) Provides that no interest shall accrue447) 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 DLs disbursed after FY2007a full-time basis, to individuals who are serving on active dutyparticipate in a comprehensive work-learning-service program for at least five hours each week, or performing National Guard dutynot less than 80 hours during a war or other military operation or national emergency andeach period of enrollment, unless they are servingengaged in areas of hostilities in which service qualifies for special pay. Limits receipt of such benefit to 60 months. study abroad or externship programs approved by the school.

Requires<b>Part D: Federal Direct Student Loan</b> - (Sec 451) Adds the Secretary of Educationincome-based repayment plan adopted by the College Cost Reduction and Access Act to offer direct consolidation loans to eligible service members who want to avoid the accruallist of interest on existing loans.repayment options available to DL borrowers.

(Sec. 455) RequiresClarifies the Secretary to: (1) arrangedefinition of public service jobs for an annual independent audit of loans and contracts under the DL program and guaranty agencies participating in the FFEL program; and (2) make publicly available annual and quarterly reports on the usepurpose of funds under the DL and FFEL programs. cancellations for public service employees.

<b>PartRequires 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, strengthened by increased federal funding and the restoration of capital contribution funds.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.

ExcludesIncludes as independent students individuals who were orphans, in foster care, or wards of the 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 work programs from need analyses.

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

Reduces, for(Sec. 482) Directs the firstSecretary to provide to IHEs before each award year a student receives veterans' education benefits, the factor in the eligibility formula representing estimated educational financial assistance already received by the student by the amount of military pay deductions made for such benefits.compliance calendar listing all reports and disclosures required under HEA, including specified information.

(Sec. 474)483) Requires the Secretary to arrange formake the use,Free Application for Federal Student Aid (FAFSA): (1) consumer-friendly, with taxpayer consent,the goal of tax return50% fewer data from the second preceding tax year whenelements; (2) available in both paper and (downloadable) electronic formats; (3) flexible enough to the extent necessarypermit applicants to enter data years before enrolling and selectively update information; and (4) include data elements relevant to simplify need analyses.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.

MakesMakes eligible for HEA student aid any intellectually disabled students who have been accepted for enrollment and are maintaining satisfactory progress in an IHE comprehensive transition and postsecondary education program for such 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 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) institutional policies regarding meningoccal vaccinations; (3) plans for coordination with statestudent body diversity; (4) graduate employment; (5) the types of graduate and local law enforcement agencies in investigating specified feloniesprofessional education pursued by graduates; (6) fire safety practices and missingstandards; (7) their undergraduate student reports; (4)retention rates; (8) their policies regarding vaccinations; (9) additional categories of hate crimes occurring on or off campus; (5)(10) immediate emergency response and evacuation procedures; (6)(11) transfer of credit policies; (7) fire safety practices and standards; and (8)(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 eighteen. 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 conduct a studyprepay or change repayment plans; (2) loan forgiveness and report to Congress regardingforbearance options; (3) the implementationconsequences of defaulting on a loan; (4) the effects 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.

Requires IHEs to provide each admitted student considering an undergraduate or graduate(Sec. 493) Revises requirements for title IV program with: (1) a multi-year tuition and fee schedule; or (2) a single-year tuition and fee schedule, and a nonbinding, multi-year estimate of net costs after all financial aid is awarded, including the average deviation between previous year estimates and actual net costs. Waives the application of such requirement to schools that demonstrate that certain events have made a commitment to such a schedule impracticable.participation agreements.

Permits the SecretarySubjects to modify audit requirements for foreign IHEs, and waivesanctions any proprietary IHEs that do not earn at least 10% of their revenue from non-title IV sources (the 90/10 rule), including suspension of their title IV eligibility after two consecutive years of noncompliance. Continues such requirementssuspension for foreign IHEs that have loan volumes under $500,000.at least two institutional fiscal years.

Requires an additional compliance auditSets forth rules for the calculation of an IHE if more than 5% of its students receive titlenon-title IV or WS assistance without having graduated from secondary school.revenue.

Requires IHEsthe Secretary to inform: (1) private educational lenders of each loan applicant's enrollment status, cost of attendance, anddisclose on the difference between such cost andCollege Navigator website the applicant's estimated financial assistance from other sources; and (2) borrowersidentity of their abilityany IHE that fails to select a private educational lender of their choicemeet the 90/10 rule and the impactextent of proposed private loans on their eligibility for other financial assistance. its failure.

(Sec. 491) Directs the SecretaryRequires IHEs to continue the voluntary participationdevelop, publicize, and enforce codes of any experimental site in existence asconduct for their officers, employees, and agents that prohibit conflicts 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 failsinterest with respect to satisfy the program's purposes.educational loans.

(Sec. 492) Allows IHEs to transfer 25%Prohibits IHE financial aid personnel from: (1) soliciting or accepting gifts from lenders, guarantors, or servicers of their WS program allotmenteducational loans; (2) accepting any compensation for providing services to or for lenders; and (3) receiving anything other than reasonable expenses for serving on advisory groups established by lenders or guarantors. Requires the Department's Inspector General to report to their PL program allotment.Congress and publicize annually any substantiated gift ban violation.

(Sec. 493) Includes among the dutiesBars 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 the Advisory Committee on Student Financial Assistance, monitoring the adequacya particular lender or guaranty agency; (3) requesting or accepting lenders' offers of total need-basedfunds for private student loans in exchange for business concessions or status as preferred lenders of title IV loans; or (4) requesting or accepting lender assistance with call center or financial aid available to low- and moderate-income students. Authorizes the Committee through FY2011. office staffing, except in certain emergencies. Prohibits lenders from making such offers.

(Sec. 495A) RequiresRequires IHEs to: (1) make information availableto disclose to alleged victims of violent crime or non-forcible sex offenses, or to their students and employees regardingnext of kin if they have died, the illegal downloading and distributionfinal results of any disciplinary proceedings against alleged student perpetrators of copyrighted materials (campus-based digital theft); and (2) develop plans to provide alternatives to, and deter, such illegal downloading. crimes.

AuthorizesRequires IHEs that enter into preferred lender arrangements to make available to students and parents preferred lender lists that: (1) include the minimum FFEL information the Secretary determines must be provided to award competitive grants to IHEsstudents and parents; (2) fully disclose the reason for each lender's inclusion and the implementation of programsstudents' and parents' right to preventchoose other lenders; (3) include at least three unaffiliated lenders and, if the illegal downloadingschool promotes or endorses private education loans, at least two unaffiliated lenders of such loans; and distribution(4) prominently disclose the process used to ensure that lenders are selected on the basis of intellectual property.the borrowers' best interests.

Authorizes appropriationsDirects IHEs to provide applicants for private education loans, upon 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 grant program for FY2009-FY2013.form.

<b>Part H: Program Integrity</b> - (Sec. 496) Revises requirements for recognitionRequires IHEs to: (1) develop plans to effectively combat the unauthorized distribution of an accrediting agencycopyrighted material; and (2) offer alternatives to illegal downloading or association. peer-to-peer distribution of intellectual property.

Requires accreditors to: (1) demonstrate, where applicable,Permits the Secretary to modify audit requirements for foreign IHEs, and waive such requirements for foreign IHEs that their standards effectively address an IHE's distance education programs (without requiring them to have separate distance education standards); (2) consider different standards of success developed by different IHEs; (3) 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; and (4) take into consideration and address a school's response to any review or determination.title IV loan volumes under $500,000.

Prohibits accreditors from making a determinationRequires IHEs whose access to title IV funds is being limited, suspended, or taking adverse action based upon an unpublished or undocumented policy, practice, or precedent. terminated to prepare written teach-out plans that provide for the equitable treatment of students if the school ceases operation before all students complete their studies.

Requires(Sec. 494) Directs the Secretary to continue the voluntary participation of any experimental site in existence as of July 1, 2007, under the Quality Assurance program (which allows certain IHEs to submit teach-out plans for accreditor approval when they are to be sanctioned for violatingimplement their own comprehensive student aid participation agreements, losing their accreditation, or intendmanagement systems), unless the site fails to cease operations.satisfy the program's purposes.

Prohibits this section from being construed as authorizing the Secretary(Sec. 494A) Allows IHEs to issue regulations regarding the specific standards an accreditor usestransfer up to assess an IHE. 25% of their WS program allotment to their PL program allotment and up to 25% of their SEOG allotment to their WS program.

(Sec. 497) Establishes an Accreditation Ombudsman to address494B) Includes among the grievancesduties of those involved in the accreditation process. Advisory Committee on Student Financial Assistance: (1) analyzing the adequacy of need-based grant aid to low- and moderate-income students and their postsecondary enrollment and graduation rates; (2) developing an information clearinghouse to help IHEs navigate the regulatory landscape; (3) reviewing and analyzing regulations; and (4) studying innovative pathways to baccalaureate degree attainment.

(Sec. 498) Sets forth additional requirements for accreditors regarding program reviewIncludes among the Committee's purposes improving understanding of early intervention programs and data.making recommendations that result in increased availability and awareness of aid, and help streamline regulations for IHEs.

RequiresReauthorizes the Secretary to provide an IHE with an adequate opportunity to review and respond to any program review report, and materials relevant to such report, before a final program review determination is reached. Committee through FY2014.

(Sec. 499) Directs the Secretary494C) Includes state student grant agencies and individuals with subject matter expertise in the Secretary of the Treasury to evaluate a pilot program for the auction of FFEL PLUS loans, which is to be conducted by the Secretary,title IV and report to Congress regarding the costs and benefits of such auction and the feasibility of auctioning other FFELs or using other market mechanisms to operate the FFEL program. WS rulemaking process.

Requires the Government Accountability Office (GAO) to conduct an independent evaluation<b> Part H: Program Integrity</b> - (Sec. 495) Revises requirements for recognition of such pilot program by September 1, 2013.an accrediting agency or association.

<b>Title V: Title V Amendments</b> - Revises the title V Developing Institutions grant program for Hispanic-serving institutions.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.

(Sec. 501) Creates a new part B (Promoting Postbaccalaureate OpportunitiesRequires 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 Hispanic Americans) program authorizingsuch 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 Secretaryoriginal information was material to award competitive grantsthe decision to Hispanic-serving institutionstake such action; (4) monitor the growth of programs at IHEs that are making substantive contributions to graduate educational opportunities for Hispanic students. experiencing significant enrollment growth; and (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.

Sets the minimum title V grant amount at $200,000.Requires IHEs to submit teach-out plans for accreditor approval when they are to be sanctioned for violating student aid participation agreements, losing their accreditation, or intend to cease operations.

AuthorizesProhibits the use of title V funds to improveSecretary from issuing regulations regarding the financial and economic literacyspecific standards an accrediting agency or students or their parents.association uses to assess an IHE.

Reauthorizes title V appropriations(Sec. 496) Provides for FY2009-FY2013.special treatment of teach-outs at additional IHE locations.

<b>Title VI: Title VI Amendments</b> - Revises(Sec. 497) Sets forth additional requirements for accreditors regarding program review and reauthorizes title VI International Education programs.data.

(Sec. 601) Revises requirements for graduate and undergraduate language and area centers and programs. Includes among authorized activities: (1) supporting instructors ofRequires the less commonly taught languages; (2) projects that support in studentsSecretary to provide an understanding of science and technology in coordinationIHE with foreign language proficiency;an adequate opportunity to review and (3) center partnerships with LEAsrespond to any program review report, and elementary and secondary schoolsmaterials relevant to increase student knowledge of foreign languages and world regions.such report, before a final program review report is issued.

Makes undergraduates eligible<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 fellowshipsthe auction of FFEL PLUS loans, which is to be conducted by the Secretary, and report to Congress regarding auction costs and benefits and the feasibility of auctioning other FFELs. Requires the winning bidders in each state to agree to accept a special allowance payment (which compensates lenders for foreign languagethe difference between FFEL interest rates and area or international studies.market rates) for such loans in the amount proposed in the second lowest winning bid in such state.

Revises requirements for undergraduate international studies and foreign language programs. Authorizes grant recipients to use up to 10% of their<b>Title V: Developing Institutions </b> - Revises the title V Developing Institutions grant program for educational programs abroad that promote foreign language fluency and knowledge of world regions.Hispanic-serving institutions (HSIs).

Revises provisions under the technological innovation(Sec. 501) Includes among authorized uses of funds: (1) innovative, customized courses which may include remedial education and cooperation for foreign information access programEnglish language instruction; (2) articulation agreements and student support programs designed to authorize grantsfacilitate student transfers from two-year to partnerships between IHEsfour-year institutions; and (3) education, counseling, or libraries and nonprofit educational organizations, including museums. Authorizes the use of grant funds to purchase foreignfinancial information and establish linkages with foreign institutionsdesigned to facilitate access to such information. Allowsimprove the Secretary to reduce or waive the cost sharing requirement for certain IHEs receiving assistance under title IIIfinancial and economic literacy of students or V.their families.

Reauthorizes appropriations under part A (International and Foreign Language Studies)(Sec. 502) Establishes a program of title VI for FY2009-FY2013.competitive grants to HSIs that offer postbaccalaureate certifications or degrees (part B grants). Limits a part B grant award's duration to no more than five years. Prohibits the Secretary from awarding more than one part B grant to an HSI in any one fiscal year.

(Sec. 602) Authorizes IHE centers505) Reauthorizes title V appropriations for international business education to use grant funds to work with foreign countries to encourage the advancement and understanding of cultural, technological management, and manufacturing software systems. FY2009-FY2014.

Allows the Secretary to reduce or waive the cost sharing requirements under part B (Business and<b>Title VI: International Education Programs) ofPrograms </b> - Revises and reauthorizes title VI for certain IHEs receiving assistance under title III or V of the HEA. International Education programs.

Reauthorizes appropriations(Sec. 601) Directs the Secretary to: (1) consult with officials of a wide range of federal agencies on the national need for FY2009-FY2013expertise in foreign languages and world regions before requesting applications for such programs, including centers for international business education and educationtitle VI funding during each grant cycle; and (2) assist grantees in developing a survey on student employment, education, or training after they graduate from title VI programs.

(Sec. 603)602) Revises Instituterequirements for International Public Policy (IIPP) programs under part C of title V to specifically include, in addition to historically Black collegesgraduate and universities, tribally controlled colleges or universities, Alaska Nativeundergraduate language and Native Hawaiian-serving institutions, Hispanic-serving institutions,area centers and IHEs that serve substantial numbersprograms. Includes among authorized activities: (1) supporting instructors of underrepresented minority students,the less commonly taught languages; and (2) projects that support students in the science, technology, engineering, and mathematics fields to achieve foreign service professional development program.language proficiency.

RequiresMakes undergraduates engaged in the IIPP institutional development program to promote collaboration among the minority-serving institutions receiving funds under such program.intermediate or advanced study of a less commonly taught language eligible for fellowships for foreign language and area or international studies.

Includes Alaska Native-serving, Native Hawaiian-serving,(Sec. 604) Revises requirements for undergraduate international studies and Hispanic-serving institutions in the studyforeign language programs. Authorizes grants for educational programs abroad that are closely linked to the program's overall goals and internships programs. promote foreign language fluency and knowledge of world regions.

TurnsAuthorizes the IIPP masters degree in international relations program into a program leadingSecretary to an advanced degree in international relations, international affairs, international economics, or other academic areas relateduse up to 20% (currently, 10%) of the IIPP fellow's career objectives.funds appropriated under part A (International and Foreign Language Studies) of title VI for such programs; but limits the study abroad component to 10%.

Repeals(Sec. 605) Includes among authorized research and study activities: (1) an evaluation of the Interagency Committeeextent to which title VI programs reflect diverse perspectives and generate debate on Minority Careers in International Affairs. world regions and international affairs; and (2) the collection, analysis, and dissemination of title VI data.

Refers(Sec. 606) Revises provisions for technological innovation and cooperation for foreign information access to students who participate in the internship programs as Ralph J. Bunche Fellows.authorize grants to certain partnerships with not-for-profit educational organizations and other specified entities.

MakesAuthorizes the current annual IIPP report biennial. use of grant funds to purchase foreign information and establish linkages with foreign institutions to facilitate access to such information.

Reauthorizes appropriations for(Sec. 607) Requires the IIPPSecretary, in choosing grant recipients for FY2009-FY2013.foreign language and area or international studies centers and programs, to consider an applicant's efforts to increase the number of students going into areas of national need.

(Sec. 604) Creates608) Requires American overseas research centers that desire a new Preparing for Early Foreign Language Instruction program. Authorizes the Secretarytitle VI grant or contract to award competitive five-year grantssubmit an application to partnerships between IHE foreign language departments and LEAs to prepare, provide professional development to, and develop teaching materials for elementary and secondary school teachers. Gives grant priority to partnerships that include high-need LEAs or emphasize the teaching of commonly taught and critical foreign languages in articulated programs. Authorizes appropriations for such program for FY2009-FY2013.Secretary.

(Sec. 605) Prohibits the Secretary from using more than 1%609) Reauthorizes appropriations under part A of title VI funds for International Education program evaluation, national outreach, and information dissemination activities. FY2009-FY2014.

(Sec. 606) Requires applicants611) Allows centers for title VI funds for student travelinternational business education under part B (Business and study abroadInternational Education Programs) to describe their policiesconduct programs that encourage the advancement and procedures for keeping students safe. understanding of technology-related disciplines, including manufacturing software systems and technology management.

(Sec. 607) Creates a new ScienceRequires grant-funded education and Technology Advanced Foreign Language Education Grant program requiring the Secretarytraining programs under part B to award grants to IHEs that develop innovative programs that combine the studyreflect diverse perspectives and a wide range of foreign languages with the study of scienceviews on world regions and technology. Gives grant priority to IHEs teaching critical foreign languages. Authorizes appropriations for such program.international affairs, where applicable.

(Sec. 608) Requires IHEs to report gifts in excess $1 million in a fiscal year that are received from a foreign government or private entity and intendedReauthorizes part B appropriations for use in a title VI program.FY2009-FY2014.

(Sec. 609) Requires612) Revises Institute for International Public Policy (IIPP) programs under part C of title V specifically to extend the Secretaryminority foreign service professional development program to establish a marketing campaigntribally 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 encourage students to study foreign languages.reflect diverse perspectives and a wide range of views on world regions and international affairs, where applicable.

<b>Title VII: Title VII Amendments</b> -(Sec. 613) Revises the IIPP institutional development, study abroad, advanced degree in international relations, and reauthorizes title VII Graduate and Post-Secondary Improvementinternships programs.

(Sec. 701) Treats a master's degree in fine arts as a terminal degree, permitting students pursuing such degreeAdds international business and foreign language study programs to participate in the Jacob K. Javits Fellows programinternational affairs programs, as subjects of IIPP institutional development efforts.

Allows IHEs to grant fellowship recipients an interruption ofIncludes tribally controlled colleges or universities and Alaska Native-serving, Native Hawaiian-serving, and Hispanic-serving institutions in the study in exceptional circumstances, such as active duty military service or a personal or family illness.abroad and internships programs.

DirectsTurns the Secretary,IIPP masters degree in appointing members of the Jacob K. Javits Fellows Program Fellowship Board, to include representatives from diverse geographic regions and at least one representative representinginternational relations program into a minority-serving institution.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.

Reauthorizes appropriations for the program for FY2009-FY2013.(Sec. 617) Authorizes IIPP to provide financial assistance, through summer stipends and Ralph Bunche scholarships, to low-income students to facilitate their participation in IIPP programs.

(Sec. 702) Specifies618) Makes 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.current annual IIPP report biennial.

Gives priority to grants preparing faculty to train highly qualified elementary and secondary school teachers of math, science, special education, and LEP students. (Sec. 620) Reauthorizes appropriations for the IIPP for FY2009-FY2014.

Reauthorizes appropriations for(Sec. 622) Allows the programSecretary to reduce or waive title VI cost sharing requirements for FY2009-FY2013.certain IHEs receiving assistance under title III or V of the HEA.

(Sec. 703) Revises the Thurgood Marshall Legal Educational Opportunity program to involve middleSets forth title VI authority for assessment and high school students in the programenforcement, including evaluation, outreach, and provide Thurgood Marshall Fellowships to law school students who participate in certain summer institutes.information activities.

Reauthorizes appropriations for FY2009-FY2013 forDirects the program.Secretary to submit a biennial report to Congress that identifies, and includes a plan to address, areas of national need in foreign language, area, and international studies.

(Sec. 704) Establishes the Patsy T. Mink FellowshipCreates a new Science and Technology Advanced Foreign Language Education Grant program of awardsrequiring the Secretary to IHEsaward grants to assist highly qualified minorities and women acquireIHEs that develop innovative programs for the terminal master's degrees or the doctorate degrees in academic areas inteaching of foreign languages, which such individuals are underrepresented formay include the purposepreparation of enteringteachers to teach foreign languages. Gives grant priority to IHEs combining the higher education professoriate. Directsstudy of foreign languages with the Secretary to award at least 50%study of program funds to minority-serving institutions eligiblescience and technology and IHEs teaching critical foreign languages. Authorizes appropriations for assistance under title III or V, or consortia that include such schools.program.

Requires fellowship recipients to serve at the IHE from which they received the fellowship for a period equivalentSecretary to identify and report to Congress on best practices for strengthening the role IHEs that receive assistance under title III or V of the fellowship period.HEA play in increasing our critical foreign language education efforts.

Authorizes appropriations for the program for FY2009-FY2013.Requires 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. 705) Directs the Secretary to award grants to certain historically Black colleges<b>Title VII: Graduate and universitiesPostsecondary Improvement Programs </b> - Revises and other minority-serving institutions for the provision of fellowships to students earning their masters degrees in the physical or natural sciences, mathematics, engineering, computer science, information technology, nursing, allied health, or related scientific or health fields identified by the Secretary. Authorizes grantees to use up to 25% of a grant to strengthen their master's degree programs in such subjects; but requires them to raise an equal amount from other sources if they do so.reauthorizes title VII Graduate and Post-Secondary Improvement programs.

(Sec. 706) Adds702) Allows IHEs to authorized activities under the Fund for the Improvementgrant Jacob K. Javits fellowship recipients an interruption of Postsecondary Education program (FIPSE): (1) the assessment of teacher preparation programs; (2) initiatives to help schools reduce illegal downloading of copyrighted content; (3) the support of increased fire safetystudy in student housing; (4) assessing the feasibility 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 projects to provide comprehensive support services to ensure that homeless students,exceptional circumstances, such as active duty military service or students who were in foster care until the age of 18, enroll and succeed in postsecondary education; (7) promoting cultural diversity in the entertainment media industry; and (8) the creation of IHE consortia to establish interdisciplinary programs on poverty. a personal or family illness.

Establishes new FIPSE programs to create: (1) a scholarship program forDirects the familySecretary, when appointing members of veterans and military personnel; and (2) a center, at an IHE,the Jacob K. Javits Fellows Program Fellowship Board, to studyinclude representatives of various U.S. geographic regions and develop best practices to support single-parent students.representatives from IHEs eligible for grants under title III or V of the HEA.

ProhibitsReauthorizes appropriations for the provision of FIPSE assistance to IHEs that fail to demonstrate that they are in compliance with a specified energy efficiency standardprogram for new construction or renovations. FY2009-FY2014.

Adds support for(Sec. 703) Specifies the teaching of traditional American history andentities with which the incorporation of medical qualitySecretary must consult, and safetyadditional considerations to take into medical and nursing courses to theaccount, in determining areas of national need eligible for FIPSE special project funding.under the Graduate Assistance in Areas of National Need program.

Reauthorizes appropriations for FY2009-FY2013 for the FIPSE program.program for FY2009-FY2014.

(Sec. 707) Turns704) Revises the Urban Community ServiceThurgood Marshall Legal Educational Opportunity program intoto involve secondary school students in the Urban-Serving Research Intuitions program. Authorizes the Secretary to award grants to urban-serving research universities to further developprogram and apply research findingsprovide Thurgood Marshall Fellowships to implement: (1) improvementslaw school students who participate in teacher quality and retention, or student postsecondary 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.certain summer institutes.

Gives priority to applicants that propose to conduct joint projects supported by other local, state, and federal programs and to institutions that have been effectively engaged in serving their community. Reauthorizes appropriations for FY2009-FY2014 for the program.

Authorizes appropriations(Sec. 705) Expresses the sense of Congress that IHEs eligible for FY2009-FY2013 for such program.funds under part A (Graduate Education Programs) of title VII should be encouraged to consider the feasibility of an inter-institution monitoring organization to address under-representation by race, ethnicity, and gender in postsecondary faculty and administration.

(Sec. 708) Expands706) Directs the authorized uses ofSecretary to award grants for programs (currently, demonstration projects) to ensure that disabled students receive a quality higher education to include: (1) the development of teaching methodscertain historically Black colleges and universities and strategies to ensurecertain Predominantly Black Institutions for masters degree programs in mathematics, engineering, the successful transition of disabled students from secondaryphysical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines in which African Americans are underrepresented. Requires a grantee to postsecondary education; and (2) making distance education, instructional materials, and curriculum development more accessiblematch federal funds to the extent they exceed $1 million. Authorizes appropriations for such students. grant programs for FY2009-FY2014.

Reauthorizes appropriations(Sec. 707) Adds to authorized activities under the Fund for FY2009-FY2013 for such programs. the Improvement of Postsecondary Education program (FIPSE): (1) the establishment and continuation of joint 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 on poverty; (5) demonstration projects to provide comprehensive support services to ensure that homeless students, or students 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.

Directs the Office of Postsecondary EducationEstablishes new FIPSE programs to provide for the establishmentcreate: (1) a center, at an IHE, to study and develop best practices to support ofsingle-parent students; and (2) a National Centerscholarship program for Information and Technical Support for Postsecondary Students with Disabilities to improve the postsecondary recruitment, retention,family members of veterans and completion success rates of such students.military personnel.

Requires such center to: (1) provide information and technical assistanceAuthorizes the Secretary to disabled students, their families, and IHEs; (2) maintaingive FIPSE priority to IHEs that meet or exceed a web-based data bank of IHE disability support services information; (3) work with disability support experts to consolidate, evaluate, improve upon, and disseminate information related to professional standards and best practicesspecified energy efficiency standard for IHE disability support services; and (4) report biennially regarding the postsecondary success of disabled students. new construction or renovations.

Establishes an advisory commission on accessible instructional materials in postsecondary education for students with disabilitiesAdds to make recommendationsthe areas of national need eligible for improvingspecial project funding under the timely deliveryFIPSE program: (1) improvements in academic instruction and qualitystudent learning; (2) foreign language studies; and (3) the incorporation of accessible instructional materials for postsecondary students, faculty,medical quality and safety into medical and staff with print disabilities. nursing courses.

Creates new model demonstration programs requiringReauthorizes appropriations for FY2009-FY2014 for the Secretary to award competitive grants to at least one partnership between an IHE and private entity to develop systems to improve the timely delivery and quality of 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. FIPSE program.

Establishes a new competitive matching grant(Sec. 708) Eliminates the Urban Community Service program for IHEs to 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. Includes in such program students who: (1) are eligible for assistance under the Individuals with Disabilities Education Act (IDEA) and have completed secondary school; or (2) are not eligible for such assistance because they exceed the maximum age for free public education in their state. (Section 485(part C of this Act makes program participants eligible for HEA student aid.) title VII of HEA).

Directs(Sec. 709) Replaces the Office of Postsecondary Educationcurrent part D (Demonstration Projects to enter into a cooperative agreementEnsure Students with an entity that has relevant experience for the establishment ofDisabilities Receive a coordinating center for technical assistance, evaluation, and recommendations related to the developmentQuality Higher Education) of accreditation standards for IHEs that offer inclusive comprehensive transition and postsecondarytitle VII with additional programs forto provide disabled students with intellectual disabilities.a quality higher education.

(Sec. 709) Allows guaranty agenciesCreates a new program of part D demonstration projects that expands the activities authorized under the current program to be eligible partners ininclude: (1) the College Access Challenge Grant program. development of innovative teaching methods and strategies to ensure the successful transition of disabled students from secondary to postsecondary education; (2) making distance education accessible to disabled students; (3) teacher training and support in providing disabled students with career options; and (4) curriculum development to make postsecondary education more accessible to disabled students.

(Sec. 710) Authorizes the Secretary to awardEstablishes a new competitive grants to: (1) undergraduate registered nurse (R.N.) nursing programsmatching grant program for IHEs to create or expand facultyhigh-quality, inclusive model comprehensive transition and facilities to accommodate additional students; or (2) graduate nursingpostsecondary programs to accommodate advanced practice degrees for R.N.s or provide teachers for nursing students.students with intellectual disabilities focusing on academic enrichment, socialization, independent living, and integrated work experiences and career skills.

AuthorizesEstablishes an advisory commission on accessible instructional materials in postsecondary education for students with disabilities to make recommendations for improving the Secretary to award grants to partnerships composedtimely delivery and quality of an accredited nursing school at an IHEaccessible instructional materials for postsecondary students, faculty, and a hospital or health facility to establish up to five pilot projects to enable such hospital or facility to retain its staff of experienced nurses while providing a mechanism to have these individuals become, through an accelerated nursing education program, faculty members of an accredited nursing school. with print disabilities.

(Sec. 711) DirectsCreates new model demonstration programs requiring the Comptroller GeneralSecretary to conduct a study and reportaward competitive grants or contracts to Congress, within two years of this Act's enactment, on barriers to,at least one partnership between an IHE and opportunities for,private entity to develop systems to improve the full participationtimely delivery and quality of disabled studentspostsecondary instructional materials in higher education. 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.

<b>Title VIII: Additional Programs</b> - (Sec. 801) Establishes a new title VIII (Additional Programs)Directs the Secretary to provide for the establishment and support of a National Center for Information and Technical Support for Postsecondary Students with Disabilities to improve the HEA.postsecondary recruitment, transition, retention, and completion rates of such students.

Authorizes appropriations for title VIII programs for FY2009-2013.Requires such center to: (1) provide information and technical assistance to disabled students, their families, and IHEs; (2) maintain a web-based data bank of IHE disability support services information; (3) work with disability support experts to evaluate, improve, and disseminate information related to the delivery of high quality disability support services at IHEs; and (4) report biennially regarding the postsecondary success of disabled students.

Establishes a Low Tuition program requiringDirects the Secretary to award: (1) grants to IHEs that, forenter into a cooperative agreement with an academic year, have a net tuition (tuition and fees, minus grant amounts) increaseentity that does not exceed the percentage change in the postsecondary education price index, are public IHEs whose net tuition is inhas relevant experience for the lowest quartileestablishment of comparable IHEs, or are publica coordinating center for IHEs whose tuition increase is less than $500that offer inclusive model comprehensive transition and postsecondary programs for full-time undergraduate students;students with intellectual disabilities to provide technical assistance, evaluations, and (2) bonus amountsrecommendations relating to public IHEs whose tuition is in the lowest quartile of comparable IHEs, public IHEs that guarantee that their net tuition increase will not exceed $500 per yearstandards for full-time undergraduate students, and IHEs that guarantee that their net tuition will not outpace changes in such index, over specified periods of time.programs. Requires IHEsthe center to distribute such grantsconvene a working group to make recommendations to the Secretary, Congress and bonuses as need-based grant aid to students who are eligiblethe National Advisory Committee on Institutional Quality and Integrity on accreditation standards for federal Pell Grants.such programs.

Requires IHEs whose annual net tuition increase outpaces such index to issue an explanatory report toAuthorizes appropriations for FY2009-FY2014 for the Secretary that includes actions being taken to remedy the situation. Exempts public IHEs whose tuition is in the lowest quartile of comparable IHEs from such reporting requirement.part D programs.

Establishes a Cooperative Education program authorizing the Secretary to award competitive grants to IHEs(Sec. 710) Reauthorizes appropriations for FY2009-2014 for cooperative education programs that provide alternating or parallel periods of study and employment, giving students work experience related to their academic or occupational objectives and the earnings needed to finance their education.College Access Challenge Grant program.

Authorizes<b>Title VIII: Additional Programs</b> - Establishes a new title VIII (Additional Programs) of the Secretary to make grants 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.HEA.

Authorizes(Sec. 801) Establishes a Project GRAD program authorizing the Secretary to make College Partnership grantsaward a contract to partnerships between IHEsProject GRAD USA (a nonprofit educational organization aiming to improve secondary school graduation and between IHEspostsecondary attendance and statescompletion rates for the implementation of articulation agreements between IHEs, academic program enhancements,low-income students) to provide technical assistance and the removal of barrierssupport through subcontracts to existing and new programs that inhibit student transfers.implement a set of integrated education reform services.

AuthorizesRequires the Secretarycontractor to establishselect only subcontractors that serve a pilot program awarding competitive, matching, Student Success grants to IHEs in which, duringsubstantial number or percentage of low-income students. Requires the preceding three-year period, an averageprograms to identify one or more groups of public schools at least 50% of entering first-yearwhich services will be provided through a feeder pattern through which elementary and middle schools channel students were enrolledhaving participated in developmental courses to bring their reading, writing, or mathematics skills upprogram services into an identified secondary school. Requires subcontractors to college-level. match federal funds.

Requires the grantsProject GRAD program services to be used to help Pell grant eligible students persevereinclude: (1) research-based programs in postsecondary education, beginning from their first year of study. Requires such help to include the assignment of a Student Success Coach to every student participant to provide intensive careerreading, mathematics, and academic advising, ongoing personal help in navigating college services,classroom management; (2) campus-based social services programs, including increasing family and assistancecommunity involvement in connecting to community resources that can helpschools; (3) a postsecondary school access program providing postsecondary school scholarships for students overcomewho meet established criteria, increasing student and family postsecondary awareness, and personal challengesassisting students to success.apply for higher education financial aid; and (4) other services the contractor identifies as necessary.

DirectsEstablishes the SecretaryMathematics and Science Scholars program, providing competitive matching grants to provide technical assistancestates for scholarships to granteesstudents who, after three years, are not significantly improving their student participants' perseverancecompleting a rigorous secondary school curriculum in their studies.mathematics and science, pursue postsecondary education, in science, technology, engineering, mathematics, or a health-related field.

Creates a Jobs to Careers program directingDirects the Secretary to award competitive grants to IHEspartnerships of IHEs, employers, workforce investment boards, and labor organizations to improve remedial education, customize remediation to student career goals,expand or create programs that provide job skills training in high-growth and help remedial students progress intohigh-wage fields and through for-credit occupational programs.meet the needs of working students. Gives priority to programs focused on serving nontraditional students.

Gives grant priorityRequires the Secretary to award competitive grants to IHEs:accredited: (1) in which at least 50% of the first-year students are enrolled in remedial courses designedundergraduate registered nurse (RN) nursing programs to give them collegiate reading, writing, or mathematics skills;expand faculty and facilities to accommodate additional students; or (2) that proposegraduate nursing programs to collaborate with adult education providers and replicate practices that have proven effective with adults.accommodate advanced practice degrees for RNs or provide teachers for nursing students.

Establishes a Project GRAD program authorizingAuthorizes the Secretaryuse of such grants to award a grant to Project GRAD USA (a nonprofit educational organization aiming to improve high school graduation and college attendance and completion rates for disadvantaged students) to provide technical assistance and support through subgrantspartnerships with hospitals or health facilities which will enable students to existing and new programs that implementearn a setsalary while obtaining an advanced degree in nursing with the goal of integrated education reform services.becoming nurse faculty.

RequiresAuthorizes the granteeSecretary to select only subgrantees that serve a substantial numberaward competitive grants to IHEs to establish or percentage of low-income students. Requires thestrengthen academic programs to identify one or more groupscenters that promote knowledge of public schools at which services will be provided through a feeder pattern through which elementarytraditional American history, free institutions, and secondary schools channel students having participated in program services into an identified high school.Western civilization.

Requires Project GRAD program servicesAuthorizes the Secretary 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)award a college accessgrant to Teach For America, Inc. to implement and expand its program providing college scholarships for students who meet established criteria, increasing studentof recruiting, selecting, training, and family college awareness, and assisting studentssupporting new teachers who commit to applyteach for college financial aid; and (4) other servicestwo years in underserved communities. Directs the grantee identifies as necessary.Secretary to provide for a study, at least once every three years, examining the achievement levels of students taught by such teachers.

Directs the SecretaryRequires Teach For America, Inc. to award a grant to a nonprofit organizationcontract with an independent auditor to conduct a needs assessment of, and provide comprehensive services to, urban LEAsreview of its accounting, financial reporting, and rural states to improve higher education enrollment rates.internal control systems.

RequiresEstablishes the SecretaryPatsy T. Mink Fellowship program of awards to make availableassist highly qualified minorities and women to acquire the Secretary of Homeland Security anddoctoral degree, or highest possible degree available, in academic areas in which such individuals are underrepresented, to enable them to enter the heads of other appropriate federal agencies a list of: (1) accreditors recognized byhigher education professoriate. Requires fellowship recipients to serve at the Secretary or byIHE from which they received the Councilfellowship for Higher Education Accreditation; (2) IHEs eligible under FFEL program; and (3) foreign IHEs whose authoritya period equivalent to issue degrees is accepted in their home country and that the Secretary deems to be academically equivalent to FFEL participants in this country.fellowship period.

Conditions a school's eligibility for student assistance funding under title IV on its providing notice on its internet website of its recognition byDirects the Secretary asto award a legitimate degree-granting institution for immigration and federal employment purposes. Requires an accreditorgrant to be on such list for its authoritya nonprofit organization to conduct a needs assessment of, and provide comprehensive services to, urban LEAs and rural states to be recognized for any federal purpose.improve postsecondary education enrollment rates.

RequiresAuthorizes the Secretary to establishaward competitive grants to a state for the Diploma Millestablishment of a State Early Childhood Education Professional Development and Career Task Force to develop:Force: (1) guidelines for distinguishing between legitimatecomposed of state, higher education, and early childhood education representatives; and fraudulent degree-granting institutions for federal purposes; (2) tasked with developing a strategic diploma integrity protection plan to address the salefor a comprehensive statewide early childhood education professional development and usecareer system that includes the provision of fraudulent degrees; and (3) legislative languagepostsecondary educational assistance to individuals who agree to effectuate such plan.work in early childhood education programs.

Urges statesAuthorizes the Secretary to implement strategic diploma integrity plans similaraward a grant to the federal plan; though allows thema partnership of IHEs and private career organizations to adopt standards that are more stringent thanexpand programs for the federal standards.development of science, technology, engineering, or mathematics professionals, from elementary school through postsecondary education, including existing programs for Alaska Native and Native Hawaiian students.

Directs the Federal Trade CommissionEstablishes Pilot Programs to developIncrease College Persistence and Success which consist of: (1) a planPilot Program to address diploma millsIncrease Persistence and Success in Community Colleges under its authoritywhich the Secretary awards competitive grants to ban unfaircommunity colleges for scholarships and deceptive actscounseling services for low-income students with dependent children; and (2) a Student Success Grant Pilot program awarding competitive, matching grants to IHEs to provide student success coaches and other support services to Pell grant-eligible students, beginning in their first year, who are assessed as needing developmental education to bring their reading, writing, or practices. mathematics skills up to college level.

Authorizes the Secretary to award competitive matching grants to IHEs to do one or more of the following: (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 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.

RequiresRequires the Secretary to continue to coordinate with the Secretary of Homeland Security and other agencies to develop a disaster relief plan so that a procedure is in placeand maintain procedures to address the needs of IHEs in the event of a federally declared major disaster or emergency.

Authorizes the Secretary to establish an Education Disaster and Emergency Relief Loan program for IHEs for direct or indirect losses incurred as a result ofaffected by a federally declared major disaster or emergency.

Directs the Secretary to continue to provide guidance that clarifies the role of IHEs regarding disclosures of a student's education records in the event that such student demonstrates significant risk of harm to himself or herself or to others. Requires such guidance to clarify that IHEs thatwhich 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.

AuthorizesEstablishes a Low Tuition program requiring the Secretary awardto award: (1) grants to partnerships between rural IHEs that, for an academic year, have tuition and rural LEAs, rural education service agencies, regional employers, or rural education nonprofit organizationsfee increases that are in the lowest 20% of such increases for activities to: (1) improvecomparable schools, are public IHEs whose tuition and fees are in the rural IHE enrollment rateslowest quartile of rural high school graduatescomparable IHEs, or are public IHEs whose tuition and former attendees;fee increases are less than $600 for full-time undergraduate students; and (2) encourage nontraditional students' participationbonus amounts to public IHEs whose tuition and fees are in rural IHE degree programs.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 percentage greater than the percentage change in 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.

AuthorizesEstablishes a Cooperative Education program authorizing the Secretary to award competitive grants to partnerships between rural IHEs for cooperative education programs that provide alternating or parallel periods of study and regional employers to: (1) provide additional training to rural IHE attendees in careers relevantemployment, giving students work experience related to their academic or occupational objectives and the regional economy; and (2) encourage regional businessesearnings needed to employ rural IHE graduates. Gives priority to partnerships that include regional employers located in a rural area.finance their education.

Authorizes the Secretary to awardmake grants to rural IHEs to createto, or strengthen academic programs that prepare graduates to enter high-need occupationsinto contracts with, IHEs or nonprofit organizations for: (1) demonstration projects testing innovations in the regionalcooperative education; (2) cooperative education training and resource centers; and local economies.(3) cooperative education research.

Authorizes the Secretary to award a grantmake College Partnership grants to a partnership ofpartnerships between IHEs and private career organizations to expand programsbetween IHEs and states for the developmentimplementation of science, technology, engineering, or mathematics professionals, from elementary school through college, including existing programs for Alaska Nativearticulation agreements between IHEs, academic program enhancements, and Native Hawaiian students.the removal of barriers that inhibit student transfers.

DirectsCreates a Jobs to Careers program directing the Secretary to establish and maintain, on the Department's public website, a database of information on public and privateaward competitive grants to IHEs to create workforce bridge programs of financial assistance forthat customize developmental education curricula to reflect the studycontent of postsecondary and graduate science, technology, engineering, and mathematics. for-credit occupational certificate or degree programs in which developmental education students are enrolled or plan to enroll.

Requires such database to:Gives grant priority to IHEs: (1) provide separate information for each fieldin which at least 50% of study; (2) be searchable by category and combinations 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 thatthe 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 families carefully review application requirements and a disclaimer(2) that scholarships presented in the database are not providedpropose to collaborate with adult education providers or endorsed by the Department or the federal government.replicate practices that have proven effective with adults.

DirectsAuthorizes the Secretary to makeaward competitive grants to certain accredited court reportingpartnerships 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 to promoteat rural IHEs that prepare graduates for high-need occupations in the recruitment, training,regional and placement of individuals, including those who have completed a court reportinglocal economies; and (4) provide additional career training program, as realtime writers providing closed captioningto rural postsecondary school students in video programming.fields relevant to the regional economy.

DirectsAuthorizes the Secretary to award competitive grants or contracts 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 forto reduce and eliminate the coordinationillegal downloading and distribution of comprehensive support services for such students.intellectual property.

Directs the Secretary to make competitive grants to establish sustainabilitycertain accredited court reporting programs at IHEs. 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.

Requires such programsDirects the Secretary to award grants to IHEs to develop and implement: (1) sustainability practices, including inmodel programs for students who are veterans that involve the areasestablishment by each grantee of energy management, greenhouse gas emissions reductions, green building, waste management, purchasing, transportation, and toxics management; and (2) other aspects of sustainability that integratea campus operations with multidisciplinary educational programs and can apply toCenter of Excellence for Veteran Student Success, providing a single point of contact for the private and government sectors.coordination of comprehensive support services for such students.

Directs the Secretary to convene a summit of higher education experts, federal representatives, and business and industry leadersmake grants to encourage cooperative efforts to enhanceestablish sustainability programs at IHEs and apply such programs to the community and workplace.IHEs.

RequiresRequires such programs to develop and implement: (1) sustainability practices, including in the areas of energy management, greenhouse gas emissions reductions, green building, waste management, purchasing, transportation, and toxics management; and (2) other aspects of sustainability that integrate campus operations with multidisciplinary educational programs that can apply to the private and 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 LaborRequires such 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.

Authorizes the Secretary to award grantsGives program priority to community colleges proposing to establish partnerships with juvenile detention centers and secure juvenile justice residential facilities to provide assistance, services, and education toserve the highest number of individuals age 16 through 25 who have served or are serving time in juvenile detention facilities for acommitted gang-related offense who reenter the community and pursue: (1) a secondary education graduation certificate, a general equivalency diploma (GED), or equivalent certificate or diploma; (2) a certificate of completion for a specialized area of study; or (3) an associate's degree.offenses.

Requires such education programs to establish a uniquely designed education plan for each individual program participant that requires the individualSecretary of Health and Human Services to receive at least a secondary education certificateaward competitive grants to veterinary schools or diploma in orderentities offering veterinary training to completeincrease the number of veterinarians in the program successfully.workforce.

(Sec. 802) Expresses the sense of Congress thatAuthorizes the Secretary and the Secretary of the Treasury will work together with the GAO to establish a system whereby borrowers could convert their federal student loansan Early Federal Pell Grant Demonstration Program awarding: (1) grants to four state education agencies to income contingent direct IDEA loans, paymentscover program administrative expenses; and (2) Pell Grants to eighth grade students who are eligible for which would be made usinga free or reduced price meal under the income tax withholding system. Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966.

(Sec. 803) DirectsAuthorizes the Secretary to enter into an agreement with NASaward a grant to evaluate the qualityUniversity of distance education programs as compared to campus-based education programsHawaii Academy for Creative Media for the establishment, maintenance, and periodic modernization of the Henry Kuualoha Giugni Kupuna Memorial Archives at IHEs. the University of Hawaii.

(Sec. 804) ExpressesRequires the sense ofArchives to use grant funds for, among other things: (1) the Committee on Education and Labor that there isacquisition of a needsecure web accessible repository of Native Hawaiian historical data; (2) college scholarships for sustainable economicdisadvantaged students; (3) the creation of educational materials applicable to a broad range of indigenous students; (4) outreach to elementary and environmental practicessecondary school students; (5) relevant teacher training; and rigorous sustainability academic programs on college and university campuses to encourage increased public awareness(6) the enhancement of the need to &quot;go green.&quot;economic and financial literacy of college students.

(Sec. 805) DirectsAuthorizes appropriations for FY2009-FY2014 for the Secretary to commission the National Research Council to study and report to Congress on the viability of developing and implementing standards in environmental, health, and safety areas to provide for differential regulation of: (1) industrial laboratories and facilities; and (2) research and teaching laboratories.preceding title VIII programs.

(Sec. 806) DirectsAppropriates funds for FY2009-2014 for: (1) the Secretary to studymasters degree programs at historically Black colleges and report to Congressuniversities and state superintendents of education on underrepresented minority males, particularly African AmericanPredominantly Black Institutions (See section 706, above); and Hispanic males, completing high school and entering into and completing postsecondary education. (2) postbaccalaureate programs at Hispanic-serving institutions (See section 502, above).

(Sec. 807) Directs802) Provides for the Comptroller General to conductestablishment of a studynonprofit National Center for Research in Advanced Information and reportDigital Technologies to Congress on any race, ethnicity,support, through competitive grants and gender biases present incontracts, the designresearch, development, and adoption of standardized tests that are used for admissioninnovative digital approaches to IHEs.improving education, teaching, and learning.

(Sec. 808) Directs803) Requires the Congressional Budget OfficeSecretary to study and reportmake competitive grants to Congress on the feasibility of allowing borrowers who are repaying HEA student loansup to 10 IHEs to support pilot programs that make it possible for bookstores to give students the option of selecting or renegotiating a fixed or variable interest rate and the repayment period of such loans.saving money by renting course materials.

(Sec. 809) Directs<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 studyidentify the Laurent Clerc National Deaf Education Center as the place where Gallaudet University's EDA elementary and reportsecondary programs are to Congress on the amounts, uses,be held. Requires Gallaudet to adopt, for such elementary and public purposes of IHE endowments. secondary programs, a state's approved academic content and achievement standards and assessments.

(Sec. 810) Directs903) Eliminates the Secretarypreference given to assess and reportIHEs located in metropolitan industrial areas in choosing an IHE to Congress on the effects of providing prisoners withestablish and operate a postsecondary education. National Technical Institute for the Deaf (NTID).

(Sec. 811) Authorizes the Secretary to award competitive904) Establishes an HEA title IX part C program of cultural experiences grants to IHEs to support a National Undergraduate Fellows program to improve postsecondary degree completion ratesand contracts with nonprofit organizations for activities to: (1) enrich the lives of deaf and hard-of-hearing children and adults; (2) increase public awareness and understanding of deafness and of underrepresented students. Directs the Secretary to award a competitive grant to a national organization to support such program.artistic and intellectual achievements of deaf and hard-of-hearing persons; or (3) promote the integration of hearing, deaf, and hard-of-hearing persons through shared cultural, educational, and social experiences.

(Sec. 812) Establishes a National Center907) Reauthorizes appropriations for Learning ScienceFY2009-FY2014 for monitoring, evaluation, and Technology (the Center). reporting under the EDA.

Establishes in the Treasury the National Center(Sec. 909) Reauthorizes appropriations for Learning Science and Technology Trust Fund, the amounts of which may be used for: (1) supporting precompetitive and applied research development and demonstrations, and assessments of prototypes of innovative digital learning and information technologies and the components and tools needed to create them; (2) supporting the pilot testing and evaluation of those prototype systems; (3) encouraging the widespread adoption and use of effective innovative digital approaches to learning; and (4) supporting innovative digital media educationFY2009-FY2014 for federal endowment programs for parents, teachers,Gallaudet University and children.NTID under the EDA.

Authorizes(Sec. 911) Exempts international students participating in distance learning through Gallaudet University or NTID from: (1) counting against the Directorinternational student enrollment cap; and (2) the tuition surcharge other international students at such schools must pay. Prohibits, however, the displacement by such international students of the Center to award contracts and grants to colleges and universities, museums, libraries, public broadcasting entities, similar nonprofits and public institutions (with or without private partners), and for-profit organizations. U.S. citizens applying for such courses.

(Sec. 813) Directs the Comptroller GeneralRequires such schools to studyreduce the education-related indebtedness of medical school graduates.tuition surcharge from 100% to 50% for international students from developing countries. Permits such schools to use a sliding scale to reduce such surcharge to no less than 25% for students from developing countries, and to no less than 50% for students from non-developing countries, if such students demonstrate need and have made a good effort to secure aid from their home country or other sources.

(Sec. 814) DirectsMakes $5,345 the Comptroller General to studymaximum per capita income level at which a country is considered a developing country, measured in 2005 dollars 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 needadjusted for regional sensitivity in need analysis.inflation.

(Sec. 815) Requires913) Updates the Secretary to contract with the NAS Center for Education for a scientifically basednational study to determine if teachers are being adequately prepared to meeton the needseducation of students with reading and language processing challenges, including dyslexia. Requires reports to the Secretary anddeaf to Congress. Directsrequire the Secretary is to assembleestablish a task forcecommission to make policy recommendations regarding the Center's findings. conduct such study and reauthorize study appropriations for FY2009-FY2010.

(Sec. 816) Directs914) Reauthorizes appropriations under the Secretary to study and report to Congress on whether lengtheningEDA for FY2009-FY2014 for: (1) Gallaudet University; (2) Kendall Demonstration Elementary School; (3) the standard 10-year FFEL repayment period would assist borrowers in low-income areas in repaying their loans. Model Secondary School for the Deaf; and (4) NTID.

(Sec. 817) Requires<b>Part B: United States Institute of Peace Act</b> - (Sec. 921) Amends the Secretary to request the NASUnited States Institute of Medicine to study and reportPeace Act to reauthorize appropriations for the Secretary and Congress on: (1) constraints encountered by schoolsU.S. Institute of nursing in admitting and graduating the numberPeace for FY2009-FY2014. Requires any authorization of registered nurses necessaryappropriations for U.S. Institute of Peace programs to ensure patient safety and meet the need for quality assurancebe extended in the provision of health care; and (2) recommendations to alleviatesame manner as applicable programs are extended under the constraints on a short-term and long-term basis.General Education Provisions Act.

(Sec. 818) Directs the Secretary to coordinate with public service organizations<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 interested parties a study and report to Congress on: (1) the effectRelated Programs) of student loan debt levels on the decisionsHigher Education Amendments of graduates of postsecondary and graduate education programs to enter into public service; and (2) measures that might be taken, including a pilot academy for public service, to recruit and retain well-qualified public servants.1998.

(Sec. 819) Requires932) Revises requirements of the SecretaryHigher Education Amendments of 1998 relating to contract with the National Research Councilgrants to studystates for a reportworkplace and community transition training for incarcerated youth offenders. Authorizes the Secretary to Congress on: (1) the amount and scope of all federal regulationsestablish performance objectives and reporting requirements with which IHEs must comply; and (2) recommendations for consolidating, streamlining, and eliminating those that are redundant and burdensome.state grantees.

(Sec. 820) Directs the SecretaryAlters youth offender eligibility to: (1) studyinclude persons under age 35 (currently, 25) and reporteligible for release within seven years (currently, five); and (2) exclude persons who have committed a criminal offense against a minor, a sexually violent offense, or murder. Extends, from five to Congress onseven years, the feasibilitymaximum period of expandingparticipation for incarcerated individuals. Increases the amount that each state can receive for each eligible student aid available under title IVfrom a maximum of the HEA$1,500 to less-than-half-time students; and (2) recommend to Congress a demonstration project, statutory and regulatory modifications,maximum of $3,000 annually for tuition, books, and accountability mechanisms to facilitate that expansion. essential materials.

(Sec. 821) Requires the Secretary to make competitive grants to up to 10 IHEs to support pilot programs that make it possibleReauthorizes appropriations for bookstores to give students the option of saving money by renting course materials. program for FY2009-FY2014.

<b>Title IX: Amendments to Other Laws</b> - <b>Part A: Education of(Sec. 933) Requires nonprofit grantees under the Deaf Act of 1986</b> - (Sec. 901) Amends the Education of the Deaf Act of 1986 (EDA)Underground Railroad educational and cultural program to make information related 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 GallaudetUnderground Railroad available, including through electronic means, to adopt, for such elementary and secondary programs, a state's approved academic contentschools, IHEs, and achievement standards and assessments. the general public.

(Sec. 903) Provides that, if the Secretary or the IHE with which the Secretary has an agreement to operate and maintain the National Technical InstituteReauthorizes appropriations for the Deaf (NTID) terminates such agreement, the Secretary shall consider proposals from other IHEs. Eliminates the NTID preference given to IHEs located in metropolitan industrial areas.program for FY2009-FY2014.

(Sec. 906) Reauthorizes934) Amends the Higher Education Amendments of 1992 to reauthorize appropriations for FY2008-FY2013Olympic scholarships for monitoring, evaluation, and reporting under the EDA. FY2009-FY2014.

(Sec. 908) Reauthorizes appropriations935) Amends the Department of Education Organization Act to establish, in the Department's Office of Postsecondary Education, a Deputy Assistant Secretary for FY2008-FY2013 for federal endowment programs for Gallaudet UniversityInternational and NTID under the EDA. Foreign Language Education with extensive experience in international and foreign language instruction.

(Sec. 910) Exempts international students participating in distance learning through Gallaudet University or NTID from:Makes the Deputy Assistant Secretary responsible for: (1) counting againstpromoting the international student enrollment cap, though prohibits their displacing U.S. citizens applying for such courses;study of foreign languages and (2) the tuition surcharge other international studentscultures at the elementary, secondary, and postsecondary levels; and (2) coordinating such schools must pay.programs with other related federal programs.

Requires such schools to reduce the tuition surcharge from 100% to 50% for international students from developing countries. Permits such schools to use a sliding scale to reduce such surcharge to no less than 25% for students from developing countries, and to no less than 50% for students from non-developing countries, if such students demonstrate need and have made a good effort to secure aid from their home country or other sources.

Makes $5,345 the maximum per capita income level at which a country is considered a developing country, measured in 2005 dollars and adjusted for inflation.

(Sec. 912) 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-FY2009.

(Sec. 913) Reauthorizes appropriations under the EDA for FY2008-FY2013 for: (1) Gallaudet University; (2) Kendall Demonstration Elementary School; (3) the Model Secondary School for the Deaf;<b>Part D: Tribal College and (4) NTID.

<b> Part B: IndianUniversities; 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 offendersat least three years, as: (1) state or local criminal prosecutors; or (2) state, local, or federal public defenders in criminal cases. Allows a borrower and the Attorney General to expandenter 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 participation to incarcerated individualson behalf of all ages in state prisons or prerelease facilities. any borrower to $10,000 per calendar year and $60,000 total.

Allows grantees to award eligible students up to: (1) $3,000 for tuition, books, and essential materials; and (2) $300 for related services each year. LimitsRequires the provision of educational servicesAttorney General to give priority in granting repayment benefits to borrowers who have the duration of a student's incarceration and related services, such as employment counseling,least ability 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.

(Sec. 943) Repeals specified provisions under title VIII (Studies, Reports, and Related Programs) of the Higher Education Amendments of 1998.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.

ExpressesAmends the sense of the House of RepresentativesHEA to prohibit private education loans from being consummated before applicants submit a signed self-certification form, that certain steps should be takenthe Secretary develops and IHEs provide to improvestudents, informing applicants of the availability of, and their possible eligibility for, federal, state, and institutional student safety in off-campus housing.aid.

(Sec. 953) Permits public or1022) Makes the Truth in Lending Act applicable to all private IHEs, notwithstanding any other provision of law, to grant student loan forgiveness to students or alumni who are federal or District of Columbia employees, provided the IHE has a written, published policy regarding such forgiveness for students or alumni who perform public service. education loans.

<b>Part E: Stevenson -Wydler Technology Innovation Act of 1980</b> -<b>Subtitle C: College Affordability </b>- (Sec. 961)1031) Amends the Stevenson-Wydler Technology InnovationCommunity Reinvestment Act of 19801977 to directrequire that, when a federal financial supervisory agency assesses the Secretaryrecord 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 studentsfinancial institution in acquiring, and augmenting use of, digital and wireless networking technologies to improvemeeting the quality and deliverycredit needs of educational services at such institutions. its local communities, the agency consider low-cost education loans provided by the financial institution to low-income borrowers.

Authorizes appropriations for such program for FY2008-FY2012.<b>Subtitle D: Financial Literacy; Studies and Reports </b>- (Sec. 1042) Directs the Secretary of the Treasury, in coordination with the Secretary and certain other federal agencies, to take certain measures to enhance the financial literacy of postsecondary school students and assist 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 the state of financial education among students at IHEs.

<b>Title X: Private Student Loan Transparency<b>Title XI: Studies and Improvement </b>-Reports -</b> (Sec. 1003) Private Student Loan Transparency1101) Directs the Comptroller General to study and Improvement Actreport to Congress on: (1) the performance of 2008 - AmendsAmerican students who receive federal student aid to attend graduate medical schools abroad, and provide data and recommendations to the Truth in Lending ActNational Committee on Foreign Medical Education and Accreditation to impose consumer protectionassist the Department in reviewing such schools; (2) the collection of information on the employment of postsecondary school graduates; and disclosure requirements(3) on private educational lenders.the time and cost burdens to IHEs associated with completing the Integrated Postsecondary Education Data System (IPEDS).

<b>Subtitle A: Preventing Unfair(Sec. 1104) Requires the Secretary to study and Deceptive Private Educational Lending Practices and Eliminating Conflicts of Interest</b> - (Sec. 1011) Prohibits private educational lenders from: (1) offering or providing giftsreport to IHEs, or IHEs from receiving them, in exchange 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 penaltiesCongress on borrowers prepaying their loans.the implementation of articulation agreements at State-supported college and university systems and other IHEs.

Prohibits an institution's officers, employees,(Sec. 1105) Directs the Comptroller General to analyze and agents that have financial aid duties from participatingreport to Congress on the advisory councilscompliance of proprietary IHEs with the requirement that they derive at least 10% of private educational lenders or their affiliates.revenue from non-title IV sources.

(Sec. 1012) Subjects private educational lenders1106) Requires the Secretary to civil liability when they failcontract with the National Research Council of the National Academy of Sciences (NAS) to complystudy and report on: (1) the amount and scope of all federal regulations and reporting requirements with borrower protectionwhich IHEs must comply; and disclosure requirements.(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, before issuing funds(Sec. 1118) Directs the Secretary to a borrower, to: (1) provide written notificationreport to the borrower's IHE regarding such loan;Congress about alternatives ways to measure and (2) obtain the IHE's certification of the borrower's enrollment status, cost of attendance, and the difference between such cost and the borrower's estimated financial assistance. report degree or 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, within two years of this title's enactment, 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.
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== Status of the Legislation ==

<status>
Latest Major Action: 7/29/2008: Resolving differences -- House actions. Status: The Speaker appointed conferees - from the Committee on Science and Technology8/31/2008: Cleared for consideration of secs. 961 and 962 of the House bill, and sec. 804 of the Senate amendment, and modifications committed to conference: Gordon, Baird, and Neugebauer.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.