Promoting Readiness in Education to Prevent Additional Remediation and Expense Act
This bill establishes grants and subgrants to address rates of postsecondary remediation.
Specifically, the bill requires the Department of Education (ED) to award grants to states for certain activities, including
States receiving such grants must award subgrants to partnerships between LEAs and IHEs.
Entities receiving such subgrants must use funds to develop and implement programs and activities that
The bill directs ED and the Institute of Education Sciences to contract with a third party to conduct an independent evaluation of the policies and services provided by the bill.
The bill also specifies reporting requirements.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1516 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1516
To amend the Higher Education Act of 1965 to strengthen the future
workforce and reduce the cost of postsecondary education by reducing
rates of postsecondary remediation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2019
Mr. Jones (for himself, Ms. Klobuchar, and Ms. Hassan) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to strengthen the future
workforce and reduce the cost of postsecondary education by reducing
rates of postsecondary remediation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Readiness in Education to
Prevent Additional Remediation and Expense Act''.
SEC. 2. REDUCING RATES OF POSTSECONDARY REMEDIATION.
(a) In General.--Part A of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) is amended--
(1) by redesignating subparts 4, 5, 6, and 7, as subparts
5, 6, 7, and 8, respectively;
(2) by inserting after subpart 3 the following:
``Subpart 4--Reducing Rates of Postsecondary Remediation
``SEC. 414A. PURPOSE.
``The purpose of this subpart is to strengthen the future workforce
and reduce the cost of postsecondary education by reducing rates of
postsecondary remediation and increasing postsecondary completion
rates.
``SEC. 414B. DEFINITIONS.
``In this subpart:
``(1) Advanced coursework.--The term `advanced coursework'
means coursework designed for students to earn postsecondary
credit upon its successful completion while still in high
school, such as Advanced Placement, International
Baccalaureate, dual or concurrent enrollment programs, and
early college high school programs.
``(2) Co-requisite courses.--The term `co-requisite
courses' means courses designed for college students in need of
remediation that combines credit-bearing college-level
coursework with supplemental instruction.
``(3) Dual or concurrent enrollment program.--The term
`dual or concurrent enrollment program' has the meaning given
the term in section 8101 of the Elementary and Secondary
Education Act of 1965.
``(4) Early college high school.--The term `early college
high school' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965.
``(5) Eligible entity.--The term `eligible entity' means a
partnership that--
``(A) shall include--
``(i) 1 local educational agency; and
``(ii) an institution of higher education
or higher education system, operating in the
same State as the local educational agency; and
``(B) may include--
``(i) a consortium of entities described in
clauses (i) and (ii) of subparagraph (A);
``(ii) a State educational agency;
``(iii) a State higher education agency; or
``(iv) a nonprofit or community-based
organization, business, or public or private
entity with a demonstrated record of success in
implementing activities under this subpart.
``(6) Evidence-based.--The term `evidence-based' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(7) First generation college student.--The term `first
generation college student' means--
``(A) an individual both of whose parents did not
complete a baccalaureate degree; or
``(B) in the case of any individual who regularly
resided with and received support from only 1 parent,
an individual whose only such parent did not complete a
baccalaureate degree.
``(8) High-need high school.--The term `high-need high
school' means a secondary school that meets any of the
following:
``(A) Serves students not less than 50 percent of
whom are students who meet either of the following:
``(i) Meet a measure of poverty as
described in section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965.
``(ii) Are students described in any of the
following subclauses:
``(I) Racial or ethnic groups that
are historically underserved.
``(II) Children with disabilities,
as defined in section 602 of the
Individuals with Disabilities Education
Act.
``(III) English learners, as
defined in section 8101 of the
Elementary and Secondary Education Act
of 1965.
``(IV) Migratory children, as
defined in section 1309 of the
Elementary and Secondary Education Act
of 1965.
``(V) Homeless children and youths.
``(VI) Students who are in foster
care or are aging out of the foster
care system.
``(VII) Students with a parent who
is a member of the Armed Forces (as
defined in section 101(a)(4) of title
10, United States Code) on active duty
(as defined in section 101(d) of such
title).
``(B) Is identified for comprehensive support and
improvement under section 1111(c)(4)(D)(i) of the
Elementary and Secondary Education Act of 1965.
``(C) Is implementing a targeted support and
improvement plan as described in section 1111(d)(2) of
the Elementary and Secondary Education Act of 1965.
``(9) High-need institution of higher education.--The term
`high-need institution of higher education' means an
institution of higher education with respect to which not less
than 50 percent of the undergraduate students enrolled in an
academic program leading to a degree are described in any of
the following subparagraphs:
``(A) Are eligible to receive a Federal Pell Grant
under subpart 1.
``(B) Come from families that--
``(i) received benefits under a means-
tested Federal benefit program while the
student was enrolled in high school; or
``(ii) receive benefits under a means-
tested Federal benefit program while the
student is enrolled in an undergraduate
academic program leading to a degree.
``(C) Attended a public or nonprofit private
secondary school, in which the enrollment of children
counted under a measure of poverty described in section
1113(a)(5) of the Elementary and Secondary Education
Act of 1965 exceeds 40 percent of the total enrollment
of such school.
``(D) Are first generation college students.
``(10) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A) that serves not fewer than 10,000 children
from families with incomes below the poverty line;
``(B) for which not less than 20 percent of the
children served by the agency are from families with
incomes below the poverty line; or
``(C) that is in the highest quartile of local
educational agencies in the State, based on student
poverty.
``(11) High school.--The term `high school' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965.
``(12) Historically underrepresented student.--The term
`historically underrepresented student'--
``(A) means a student, or a prospective student, at
an institution of higher education who is at risk of
educational failure or otherwise in need of special
assistance and support; and
``(B) may include an adult learner, working
student, part-time student, student from a low-income
background, student of color, Native youth, single
parent (including a single pregnant woman), student who
is a homeless child or youth, youth who is in, or has
aged out of, the foster care system, first-generation
college student, and student with a disability.
``(13) Homeless children and youths.--The term `homeless
children and youths' has the meaning given the term in section
725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a).
``(14) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a).
``(15) Low-income individual.--The term `low-income
individual' means an individual from a family whose taxable
income for the preceding year did not exceed 150 percent of an
amount equal to the poverty level determined by using criteria
of poverty established by the Bureau of the Census.
``(16) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' means a program of the
Federal Government, other than a program under this title, in
which eligibility for the program's benefits or the amount of
such benefits is determined on the basis of income or resources
of the individual or family seeking the benefit.
``(17) Middle grades.--The term `middle grades' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(18) Minority-serving institution.--The term `minority-
serving institution' means an institution described in section
371(a).
``(19) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(20) Regular high school diploma.--The term `regular high
school diploma' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965.
``(21) Self-regulated learning.--The term `self-regulated
learning' means learning through teaching students about how
they learn and which study strategies are most effective for
the individual student.
``(22) State.--The term `State' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``(23) Subgroup of students.--The term `subgroup of
students' means--
``(A) economically disadvantaged students;
``(B) students from each major racial and ethnic
group;
``(C) children with disabilities, as defined in
section 602 of the Individuals with Disabilities
Education Act;
``(D) English learners, as defined in section 8101
of the Elementary and Secondary Education Act of 1965;
``(E) students disaggregated by gender;
``(F) migratory children, as defined in section
1309 of the Elementary and Secondary Education Act of
1965;
``(G) homeless children and youths;
``(H) students who are in foster care or are aging
out of the foster care system; and
``(I) students with a parent who is a member of the
Armed Forces (as defined in section 101(a)(4) of title
10, United States Code) on active duty (as defined in
section 101(d) of such title).
``(24) Summer bridge program.--The term `summer bridge
program' means a pre-college program focused on preparing high
school students academically and otherwise to attend and
succeed in postsecondary education.
``SEC. 414C. FORMULA GRANTS TO STATES.
``(a) Reservations.--From the total amount appropriated under
section 414I for a fiscal year, the Secretary shall reserve--
``(1) one-half of 1 percent for allotments for payments to
the outlying areas, to be distributed among those outlying
areas on the basis of their relative need, as determined by the
Secretary, in accordance with the purpose of this subpart;
``(2) one-half of 1 percent for the Secretary of the
Interior for programs under this subpart in schools operated or
funded by the Bureau of Indian Education;
``(3) 2 percent for technical assistance dissemination,
which may include--
``(A) providing, directly or through grants,
contracts, or cooperative agreements, technical
assistance by qualified experts on using practices
grounded in evidence to improve the outcomes of
programs funded under this subpart; and
``(B) disseminating information on practices that
evidence indicates are successful in improving the
quality of remedial education at the postsecondary
level; and
``(4) 2 percent to conduct the evaluation described in
section 414F.
``(b) State Allotments.--
``(1) Grants.--The Secretary shall award grants to States
under this section from allotments made under paragraph (2).
``(2) Allotment.--
``(A) In general.--Subject to subparagraph (B) and
subsection (c), from the amount appropriated to carry
out this subpart for a fiscal year that remains after
the Secretary makes the reservations under subsection
(a), the Secretary shall allot to each State having a
plan approved under subsection (d), an amount that
bears the same relationship to the remainder as the
amount the State received under subpart 2 of part A of
title I of the Elementary and Secondary Education Act
of 1965 for the preceding fiscal year bears to the
amount all States received under subpart 2 of part A of
title I of the Elementary and Secondary Education Act
of 1965 for the preceding fiscal year.
``(B) Small state minimum.--No State receiving an
allotment under this paragraph for a fiscal year shall
receive less than one-half of 1 percent of the total
amount allotted under this paragraph for the fiscal
year.
``(3) Reallotment.--If a State does not receive an
allotment under this subpart for a fiscal year, the Secretary
shall reallot the amount of the State's allotment to the
remaining States in accordance with this subsection.
``(c) Competition.--If the total amount appropriated under section
414I for a fiscal year is less than $100,000,000, the Secretary shall
award grants under this section to States on a competitive basis.
``(d) State Plan.--
``(1) In general.--In order to receive an allotment under
this section for any fiscal year, the Governor of a State shall
submit a plan to the Secretary, at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
``(2) Contents.--Each plan submitted by a Governor under
this section shall include the following:
``(A) A description of how the State will use funds
received under this section for State-level activities.
``(B) A description of the State agency that will
be responsible for overseeing the implementation of
funds received under this section.
``(C) A description of the statewide strategy to
reduce rates of postsecondary remediation and increase
rates of first-year postsecondary credit accumulation.
``(D) A description of how the State will engage
and collaborate with the members of the State
legislature and State board of education (if the State
has a State board of education), State higher education
governing or coordinating entity (if the State has such
an entity), State educational agency, State entity that
coordinates early-childhood, elementary, secondary, and
postsecondary education (if the State has such an
entity), local educational agencies (including those
located in rural areas), representatives of Indian
Tribes located in the State, charter school leaders (if
the State has charter schools), civil rights
organizations in the State, teachers, principals, and
other school leaders, parents, and students in the
fulfillment of activities described in subparagraph
(E).
``(E) A description of how the State will complete,
not later than 3 years after the date of the initial
receipt of funds under this section, activities to
reduce rates of postsecondary remediation, which shall
include--
``(i) updating the State's requirements for
a student to receive a regular high school
diploma to align with the challenging State
academic standards and entrance requirements
for credit-bearing coursework as described in
section 1111(b)(1)(D) of the Elementary and
Secondary Education Act of 1965, which may
include alignment with entrance requirements
for credit-bearing coursework at the State's
system of 4-year institutions of higher
education;
``(ii) verification of the alignment
described in clause (i) that is signified by
the signature of the Governor of the State,
chief State school officer, and State higher
education executive officer;
``(iii) incorporating as school quality and
student success indicators into the State
system of annual meaningful differentiation, as
described under section 1111(c)(4)(B)(v)(I) of
the Elementary and Secondary Education Act of
1965--
``(I) rates of enrollment,
remediation, and first-year credit-
bearing course attainment in programs
of public postsecondary education in
the State;
``(II) to the extent practicable,
rates of enrollment, and remediation,
and first-year credit-bearing course
attainment in programs of private
postsecondary education in the State or
programs of postsecondary education
outside of the State; and
``(III) indicators regarding
student access to and completion of
advanced coursework, dual or concurrent
enrollment programs, and early college
high school programs;
``(iv) developing a formal, universal
statewide articulation agreement among all
public institutions of higher education or
systems in the State, in which all local
educational agencies served by the State may
participate, and in which all local educational
agencies that are included in an eligible
entity shall participate, that guarantees
that--
``(I) students who earn
postsecondary credit as part of a dual
or concurrent enrollment program, early
college high school, dual credit
program, articulated credit program, or
credit granted on the basis of
performance on technical or academic
assessments, be able to transfer such
credit to--
``(aa) any public
institution of higher education
in the State, and that such
credits will count toward
meeting specific degree or
certificate requirements; and
``(bb) any private
nonprofit institution of higher
education that chooses to
participate in the articulation
agreement;
``(II) all relevant credits are
recognized throughout the public system
of higher education in the State and
count as credits earned for both a
regular high school diploma and credit
for a degree or certificate program at
a public institution of higher
education in the State and at any
private nonprofit institution of higher
education that chooses to participate;
and
``(III) if a student earns an
associate's degree as part of a dual or
concurrent enrollment program or early
college high school, that associate's
degree, awarded by the participating
institution of higher education in the
State, shall be fully acceptable in
transfer and credited as the first 2
years of a related baccalaureate
program at a public institution of
higher education in such State;
``(v) developing statewide standards for
placement in remedial coursework based on
multiple indicators, which may include grade
point average, high school courses completed,
and performance assessments;
``(vi) developing statewide standards for
the receipt of postsecondary credit based on
performance on Advanced Placement and
International Baccalaureate exams from public
higher education systems in the State; and
``(vii) developing a formal, universal
statewide articulation agreement among all
public institutions of higher education in the
State to facilitate the seamless transfer of
credit among such institutions of higher
education, including between 2- and 4-year
public institutions of higher education and
private nonprofit institutions of higher
education if such private nonprofit
institutions of higher education choose to
participate, which may include--
``(I) common course numbering;
``(II) a general education core
curriculum; and
``(III) management systems
regarding course equivalency, transfer
of credit, and articulation.
``(F) Assurances that the State will--
``(i) review existing resources and
programs across the State and will coordinate
any new plans and resources under this subpart
with such existing resources and programs; and
``(ii) monitor the implementation of
activities under this subpart and provide
technical assistance to eligible entities in
carrying out such activities.
``(e) Reporting.--Each State receiving a grant under this section
shall submit to the Secretary, at the end of each grant period, a
report that includes information about the number and amount of
subgrants provided to eligible entities, and any other information as
the Secretary may reasonably require, including the impact of policies
and services provided under this subpart, disaggregated by each group
identified under subgroup of students, on the number and percentage of
students entering, persisting, and completing postsecondary education,
including the number and percentage of students with respect to each of
the following:
``(1) Who enroll in remedial coursework.
``(2) Who enroll in and complete remedial coursework.
``(3) Who enroll in and complete remedial coursework and
successfully complete first-year credit-bearing coursework not
later than 16 months after the date of enrollment in an
institution of higher education.
``(f) Rule of Construction.--Nothing in this subpart shall be
construed to authorize or permit the Secretary when promulgating any
rule or regulation, to promulgate any rule or regulation on the
development or implementation of the challenging State academic
standards adopted by a State pursuant to the Elementary and Secondary
Education Act of 1965 or the requirements for a regular high school
diploma that would--
``(1) add new requirements that are inconsistent with or
outside the scope of this section;
``(2) add new criteria that are inconsistent with or
outside the scope of this section; or
``(3) be in excess of statutory authority granted to the
Secretary.
``(g) Exception.--A State shall be ineligible to receive an
allotment under this section if the State received an allotment under
this section for 3 fiscal years and has not completed the activities
described in subsection (d)(2)(E).
``SEC. 414D. STATE USE OF FUNDS.
``(a) In General.--Each State that receives an allotment under
section 414C for a fiscal year shall--
``(1) reserve not less than 80 percent of the allotment to
make subgrants to eligible entities under section 414E; and
``(2) use the amount made available to the State and not
reserved under paragraph (1) for activities described in
subsection (b).
``(b) State Activities.--Each State that receives an allotment
under section 414C shall use the funds available under subsection
(a)(2) for activities and programs designed to meet the purpose of this
subpart, which may include--
``(1) providing monitoring of, and training, technical
assistance, and capacity building to, eligible entities that
receive subgrants under section 414E;
``(2) identifying and eliminating State barriers to the
coordination and integration of programs, initiatives, and
funding streams that meet the purpose of this subpart, so that
eligible entities can best coordinate with State higher
education systems and other agencies, schools, and community-
based services and programs;
``(3) supporting the completion of activities described in
section 414C(d)(2)(E); and
``(4) supporting eligible entities in providing programs
and activities that reduce rates of postsecondary remediation
and increase rates of first-year postsecondary credit
accumulation, which may include developing a State strategy to
pay for advanced coursework opportunities for students
attending a high-need high school.
``SEC. 414E. COMPETITIVE SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) Subgrants.--
``(1) In general.--From the funds reserved by a State under
section 414D(a)(1), the State shall award subgrants, on a
competitive basis, to eligible entities to reduce rates of
postsecondary remediation.
``(2) Administrative costs.--An eligible entity that
receives a subgrant under this section may reserve not more
than 2 percent of the subgrant funds for the direct
administrative costs of carrying out the eligible entity's
responsibilities under this section.
``(3) Duration of awards; renewability.--A subgrant awarded
under this section shall be awarded for a period of not less
than 3 years and not more than 5 years. A State may renew a
subgrant provided under this section to an eligible entity,
based on the eligible entity's performance during the preceding
subgrant period.
``(4) Matching requirement.--Each eligible entity awarded a
subgrant under this section shall provide, from non-Federal
sources, an amount (which may be provided in cash or in-kind)
to carry out the activities supported by the subgrant--
``(A) in year 1 of the subgrant, equal to 10
percent of the amount of the subgrant;
``(B) in year 2 of the subgrant, equal to 20
percent of the amount of the subgrant;
``(C) in year 3 of the subgrant, equal to 30
percent of the amount of the subgrant;
``(D) in year 4 of the subgrant, equal to 40
percent of the amount of the subgrant; and
``(E) in year 5 of the subgrant, equal to 50
percent of the amount of the subgrant.
``(5) Waiver.--The Governor of the State or the Secretary
may waive the matching requirement described under paragraph
(4) based on a determination that the eligible entity is unable
to provide the matching funds due to inadequate financial
resources.
``(b) Application.--
``(1) In general.--To be eligible to receive a subgrant
under this section, an eligible entity shall submit an
application to the State at such time, in such manner, and
containing such information as the State may reasonably
require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of the partners that comprise
the eligible entity; and
``(B) a description of the activities and
programming that the eligible entity will carry out
under this subpart, including a description of--
``(i) how the eligible entity will identify
students to be served;
``(ii) how the eligible entity will
disseminate information to all students and
particularly subgroups of students, students
who would be first-generation college students,
and, as applicable, other historically
underrepresented students served by the
eligible entity, including their parents, about
the opportunity to participate in activities
implemented under this subpart;
``(iii) how funds will be used for
activities related to improving high school
education to prevent the need for remedial
education under subsection (e); and
``(iv) how funds will be used for
activities related to strengthening remedial
education at the postsecondary level under
subsection (f).
``(c) Priority.--In awarding subgrants under this section, a State
shall give priority to applications that--
``(1) are submitted by an eligible entity that includes--
``(A) a high-need local educational agency;
``(B) a local educational agency that serves a
high-need high school;
``(C) a high-need institution of higher education;
or
``(D) a minority-serving institution;
``(2) include an approach to strengthening remedial
education at the postsecondary level that includes co-requisite
courses described under subsection (f) and not fewer than 2
activities described in clauses (ii) through (vii) of
subsection (f)(1)(B); and
``(3) include an approach to improving high school
education to prevent the need for remedial education that
includes a sequence of advanced coursework that results in a
recognized postsecondary credential, as defined in section 3 of
the Workforce Innovation and Opportunity Act.
``(d) Geographic Diversity.--To the extent practicable, a State
shall distribute subgrant funds under this section equitably among
geographic areas within the State, including urban and rural
communities.
``(e) Activities To Improve High School Education To Prevent the
Need for Remedial Education.--Each eligible entity that receives a
subgrant under this section shall use a portion of such subgrant funds
to develop and implement programs and activities that improve high
school education to prevent the need for remedial education at the
postsecondary education level and that--
``(1) are coordinated with other similar community- and
school-based services and programs;
``(2) identify high school students on track to require
postsecondary remediation, such as by using evidence-based
early assessment programs or evidence-based early warning
indicator systems; and
``(3) shall include programs and activities, which may
include--
``(A) advanced coursework;
``(B) summer bridge programs;
``(C) enhanced advising or counseling activities,
such as providing course-taking and financial aid
guidance as early as the middle grades;
``(D) additional support for students with
disabilities, English learners, students who are in
foster care or are aging out of the foster care system,
and homeless children and youths; and
``(E) other evidence-based services as described by
the eligible entity.
``(f) Activities To Strengthen Remedial Education at the
Postsecondary Level.--
``(1) In general.--Each eligible entity that receives a
subgrant under this section shall use a portion of such
subgrant funds to develop and implement programs and activities
that strengthen remedial education at the postsecondary level
and that--
``(A) are coordinated with other similar community-
based services and programs; and
``(B) shall include programs and activities, which
may include--
``(i) co-requisite courses;
``(ii) technology-enhanced diagnostics and
delivery of remedial education;
``(iii) faculty development to ensure
effective instruction;
``(iv) practices to teach self-regulated
learning and college success skills;
``(v) enhanced advising or counseling
activities;
``(vi) additional supports for students
with disabilities, English learners, students
who are in foster care or are aging out of the
foster care system, and homeless students; and
``(vii) other evidence-based services as
described by the eligible entity.
``(2) Special rule.--An eligible entity that receives a
subgrant under this section shall not use the subgrant funds
solely for activities described under paragraph (1)(B)(ii).
``(g) Reporting.--Each eligible entity receiving a subgrant under
this section shall submit to the State and the Secretary, at the end of
each subgrant period, a report that includes information about the
activities carried out with the subgrant funds. Such report shall
include any other information as the Secretary may reasonably require,
including the impact of policies and services provided under this
subpart, disaggregated by each group identified under subgroup of
students, on the number and percentage of students entering,
persisting, and completing postsecondary education, including the
number and percentage of students with respect to each of the
following:
``(1) Who enroll in remedial coursework.
``(2) Who enroll in and complete remedial coursework.
``(3) Who enroll in and complete remedial coursework and
successfully complete first-year credit-bearing coursework not
later than 16 months after the date of enrollment in an
institution of higher education.
``SEC. 414F. EVALUATION.
``The Secretary, in partnership with the Director of the Institute
of Education Sciences, shall contract with a third-party to conduct an
independent evaluation not later than September 30, 2026, and preceded
by interim reports, of the policies and services provided under this
subpart, disaggregated by each group identified under subgroup of
students, including the impact of such policies and services on the
number and percentage of students entering, persisting, and completing
postsecondary education, including the number and percentage of
students with respect to each of the following:
``(1) Who enroll in remedial coursework.
``(2) Who enroll in and complete remedial coursework.
``(3) Who enroll in and complete remedial coursework and
successfully complete first-year credit-bearing coursework not
later than 16 months after the date of enrollment in an
institution of higher education.
``SEC. 414G. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under this subpart shall be used to
supplement, and not supplant, non-Federal funds that would otherwise be
used for activities authorized under this subpart.
``SEC. 414H. MAINTENANCE OF EFFORT.
``(a) Maintenance of Effort Required.--A State that receives
assistance under this subpart shall provide--
``(1) for public institutions of higher education in such
State for any academic year beginning on or after July 1, 2020,
an amount that is equal to or greater than the average amount
provided for non-capital and non-direct research and
development expenses or costs by such State to such
institutions of higher education during the 5 most recent
preceding academic years for which satisfactory data are
available; and
``(2) for private institutions of higher education in such
State for any academic year beginning on or after July 1, 2020,
an amount that is equal to or greater than the average amount
provided for student financial aid for paying costs associated
with postsecondary education by such State to such institutions
during the 5 most recent preceding academic years for which
satisfactory data are available.
``(b) Adjustments for Biennial Appropriations.--The Secretary shall
take into consideration any adjustments to the calculations under
subsection (a) that may be required to accurately reflect funding
levels for postsecondary education in States with biennial
appropriation cycles.
``(c) Waiver.--The Secretary may waive the requirements of
subsection (a) for not more than 2 consecutive years, if the Secretary
determines that such a waiver would be equitable due to exceptional or
uncontrollable circumstances, such as a natural disaster or a
precipitous and unforseen decline in the financial resources of a State
or State educational agency, as appropriate.
``(d) Violation of Maintenance of Effort.--Notwithstanding any
other provision of law, the Secretary shall withhold from any State
that violates subsection (a) and does not receive a waiver pursuant to
subsection (c) any amount that would otherwise be available to the
State under this subpart until such State has made significant efforts
to correct such violation, as determined by the Secretary.
``SEC. 414I. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for fiscal year 2020 and each of the 5
succeeding fiscal years.''.
(b) Conforming Amendments.--Title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) is amended--
(1) in section 404A(c)(2)(B), by striking ``subpart 4'' and
inserting ``subpart 5'';
(2) in section 404D(e), by striking ``subpart 4'' and
inserting ``subpart 5'';
(3) in section 480(f)--
(A) in paragraph (2), by striking ``subpart 4'' and
inserting ``subpart 5''; and
(B) in paragraph (4), by striking ``subpart 4'' and
inserting ``subpart 5'';
(4) in section 483(a)--
(A) in paragraph (1), by striking ``subpart 4'' and
inserting ``subpart 5''; and
(B) in paragraph (6), by striking ``subpart 4'' and
inserting ``subpart 5''; and
(5) in section 487--
(A) in subsection (a), by striking ``subpart 4''
and inserting ``subpart 5''; and
(B) in subsection (d)(1)(F), by striking ``subpart
4'' and inserting ``subpart 5''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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