EIU Office of General Counsel

Section

Section Title

Description

``(b) Areas of National Need.--For purposes of this section, an individual is employed in an area of national need if the individual meets the requirements of one of the following:"
     List consists of early childhood educators, nurses, foreign language specialists, librarians, highly qualified teachers serving students who are limited English proficient, low-income communities, and underrepresented populations, child welfare workers, speech-language pathologists and audiologists, school counselors, public sector employees, public interest legal services, nutrition professionals, medical specialists, mental health professionals, dentists, STEM employees, physical therapists, superintendents, principals, and other administrators, or occupational therapists. See section for complete qualifications of each area.

Part G of title IV is further amended by inserting after section 486 (20 U.S.C. 1093) the following new section:
SEC. 486A. Articulation Agreements.
  ``(a) Definition.--In this section, the term `articulation agreement' means an agreement between or among institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree or program requirements.
   ``(b) Program To Encourage Articulation Agreements.--
  ``(1) Program established.--The Secretary shall carry out a program for States, in cooperation with public institutions of higher education, to develop, enhance, and implement comprehensive articulation agreements between or among such institutions in a State, and (to the extent practicable) across State lines, by 2010. Such articulation agreements shall be made widely and  publicly available on the websites of States and such institutions. In developing, enhancing, and implementing articulation agreements, States and public institutions of  higher education may employ strategies, where applicable, including--
``(A) common course numbering;
``(B) a general education core curriculum;  ``(C) management systems regarding course equivalency, transfer of credit, and articulation; and
``(D) other strategies identified by the Secretary."

(a) Study Required.--The Secretary of Education shall conduct a study to review the articulation agreements at State-supported college and university systems, including junior or community colleges, as well as those at other institutions of higher education. Such study shall consider--
(1) the extent to which States and institutions have developed and implemented articulation agreements;
(2) with respect to the articulation agreements developed--
(A) the number and types of institutions participating in articulation agreements;
(B) the cost-savings to the participating institutions and to the students;
(C) what strategies are being employed, including common course numbering, general education core curriculum, and management systems;
(D) the effective use of technologies to contain costs, maintain quality of instruction, and inform students; and
(E) a description of the students to whom the articulation agreements are offered and, to the extent practicable, a description of the students who take advantage of the articulation agreements;

(a) Information Dissemination Activities.--Section 485(a) (20 U.S.C. 1092(a)) is amended--
(1) in paragraph (1):
   (E) by adding at the end the following:
    ``(P) institutional policies and sanctions related to copyright infringement, including--
``(i) an annual disclosure that explicitly informs students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;     
``(ii) a summary of the penalties for violation of Federal copyright laws; and 
``(iii) a description of the institution's policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in unauthorized distribution of copyrighted materials using the institution's information technology system;
    ``(Q) student body diversity at the institution, including information on the percentage of enrolled, full-time students who--   
``(i) are male;  
``(ii) are female; 
``(iii) receive a Federal Pell Grant; and
``(iv) are a self-identified member of a major racial or ethnic group;
   ``(R) the placement in employment of, and types of  employment obtained by, graduates of the institution's degree or certificate programs, gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of Student Engagement, the Community College Survey of Student Engagement, State data systems, or other relevant sources;
  ``(S) the types of graduate and professional education in which graduates of the institution's four-year degree programs enrolled, gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of Student Engagement, State data systems, or other relevant sources;
  ``(T) the fire safety report prepared by the  institution pursuant to subsection (i);
  ``(U) the retention rate of certificate- or degree-seeking, first-time, full-time, undergraduate students entering such institution; and
  ``(V) institutional policies regarding vaccinations.''

``(a) Prohibition.--Except as described in subsection (b), nothing in this Act shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally identifiable information on individuals receiving assistance under this Act, attending institutions receiving assistance under this Act, or otherwise involved in any studies or other collections of data under this Act, including a student unit record system, an education bar code system, or any other system that tracks individual students over time. 
``(b) Exception.--The provisions of subsection (a) shall not apply to a system (or a successor system) that--(1) is necessary for the operation of programs authorized by title II, IV, or VII; and (2) was in use by the Secretary, directly or through a contractor, as of the day before the date of enactment of the Higher Education Opportunity Act.
``(c) State Databases.--Nothing in this Act shall prohibit a State or a consortium of States from developing, implementing, or maintaining State-developed databases that track individuals over time, including student unit record systems that contain information related to enrollment, attendance, graduation and retention rates, student financial assistance, and graduate employment outcomes."

20) Diploma mill.--The term `diploma mill' means an entity that--
``(A)(i) offers, for a fee, degrees, diplomas, or certificates, that may be used to represent to the  general public that the individual possessing such a degree, diploma, or certificate has completed a program  of postsecondary education or training; and
``(ii) requires such individual to complete little or no education or coursework to obtain such degree, diploma, or certificate; and
``(B) lacks accreditation by an accrediting agency or association that is recognized as an accrediting agency or association of institutions of higher education."

(a) Independent Evaluation.-- The Secretary of Education shall enter into an agreement with the National Research Council of the National Academy of Sciences to conduct a statistically valid evaluation of the quality of distance education programs, as compared to campus-based education programs, at institutions of higher education. Such evaluation shall include--(1) identification of the elements by which the quality of distance education can be assessed, which may include elements such as subject matter, interactivity, and student outcomes;
(2) identification of distance education program success, with respect to student achievement, in relation to the mission of the institution of higher education;
(3) identification of the benefits and limitations of distance education programs and campus-based programs for different students (including classification of types of students by age category) by assessing access, job placement rates, graduation rates, and other factors related to persistence, completion, and cost; and
(4) identification and analysis of factors that may make direct comparisons of distance education programs and campus-based education programs difficult.

(a) Early Intervention and College Awareness Program Authorized.--Section 404A (20 U.S.C. 1070a-21) is amended--
   (1) by striking subsection (a) and inserting the following:
   ``(a) Program Authorized.--The Secretary is authorized, in accordance with the requirements of this chapter, to establish a program that encourages eligible entities to provide support, and maintain a commitment, to eligible low-income students, including students with disabilities, to assist the students in obtaining a secondary school diploma (or its recognized equivalent) and to prepare for and succeed in postsecondary education, by providing--
  ``(1) financial assistance, academic support, additional counseling, mentoring, outreach, and supportive services to secondary school students, including students with disabilities, to reduce--           
``(A) the risk of such students dropping out of school; or
``(B) the need for remedial education for such students at the postsecondary level; and ``(2) information to students and their families about the advantages of obtaining a postsecondary education and, college financing options for the students and their families.''

(c) Definition of Low-Income Student.--Paragraph (7) of section 419N(b) (20 U.S.C. 1070e(b)) is amended to read as follows:
  ``(7) Definition of low-income student.--For the purpose of this section, the term `low-income student' means a student--
  ``(A) who is eligible to receive a Federal Pell Grant for the award year for which the determination is made; or
  ``(B) who would otherwise be eligible to receive a Federal Pell Grant for the award year for which the determination is made, except that the student fails to meet the requirements of--
   ``(i) section 401(c)(1) because the student is enrolled in a graduate or first professional course of study; or
   ``(ii) section 484(a)(5) because the student is in the United States for a temporary purpose.''

(a) Program Participation Agreement Requirements.--
    (1) Voter registration; 90-10 rule; code of conduct; disciplinary proceedings; preferred lender lists; private education loan certification; copyrighted material.--
   (A) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is amended--
  (i) in paragraph (23)--
  (I) by moving subparagraph (C) two ems to the left; and
  (II) by adding at the end the following:
           ``(D) The institution shall be considered in compliance with the requirements of subparagraph (A) for each student to whom the institution electronically transmits a message containing a voter registration form acceptable for use in the State in which the institution  is located, or an Internet address where such a form can  be downloaded, if such information is in an electronic  message devoted exclusively to voter registration.''; and
   (ii) by adding at the end the following:
   ``(24) In the case of a proprietary institution of higher education (as defined in section 102(b)), such institution will derive not less than ten percent of such institution's revenues from sources other than funds provided under this title, as calculated in accordance with subsection (d)(1), or will be subject to the sanctions described in subsection (d)(2)."

Student speech and 
association rights, Protection of

(2) It is the sense of Congress that--
``(A) the diversity of institutions and educational missions  is one of the key strengths of American higher education; 
``(B) individual institutions of higher education have different missions and each institution should design its academic program in accordance with its educational goals;
``(C) an institution of higher education should facilitate  the free and open exchange of ideas;
``(D) students should not be intimidated, harassed, discouraged from speaking out, or discriminated against;
``(E) students should be treated equally and fairly; and
``(F) nothing in this paragraph shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association.''

(a) Study.-- The Secretary of Education shall enter into an agreement with the Board on Testing and Assessment of the National Academy of Sciences for the conduct of a study to identify any race, ethnicity, or gender bias in the content and construction of standardized tests that are used for admission to institutions of higher education.
(b) Report.-- Not later than two years after the date of enactment of this Act, the Secretary of Education shall issue an interim report to the authorizing committees related to the progress of the study under subsection (a).

(2) by adding at the end the following new section: 
SEC. 420P. Program report.
``Not later than two years after the date of enactment of the Higher Education Opportunity Act and every two years thereafter, the Secretary shall prepare and submit to the authorizing committees a report on TEACH grants with respect to the schools and students served by recipients of such grants. Such report shall take into consideration information related to--``(1) the number of TEACH grant recipients;
``(2) the degrees obtained by such recipients;
``(3) the location, including the school, local educational agency, and State, where the recipients completed the service agreed to under section 420N(b) and the subject taught;
``(4) the duration of such service; and
``(5) any other data necessary to conduct such evaluation.''

``(a) Purpose and Intent.--The purpose of this section is to ensure that students have access to affordable course materials by decreasing costs to students and enhancing transparency and disclosure with respect to the selection, purchase, sale, and use of course materials. It is the intent of this section to encourage all of the involved parties, including faculty, students, administrators, institutions of higher education, bookstores, distributors, and publishers, to work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while supporting the academic freedom of faculty members to select high quality course materials for students.

``(d) Provision of ISBN College Textbook Information in Course Schedules.--To the maximum extent practicable, each institution of higher education receiving Federal financial assistance shall-- 
``(1) disclose, on the institution's Internet course schedule and in a manner of the institution's choosing, the International Standard Book Number and retail price information of required and recommended college textbooks and supplemental materials for each course listed in the  institution's course schedule used for preregistration and registration purposes . . .
``(2) if applicable, include on the institution's written course schedule a notice that textbook information is available on the institution's Internet course schedule, and the Internet address for such schedule."

``(a) Rewards for Low Tuition.--
    ``(1) Grants.--From funds made available under subsection (e), the Secretary shall award grants to institutions of higher education that, for academic year 2009-2010 or any succeeding academic year--
``(A) have an annual tuition and fee increase, expressed as a percentage change, for the most recent academic year for which satisfactory data is available, that is in the lowest 20 percent of such increases for each category described in subsection (b);
``(B) are public institutions of higher education that have tuition and fees that are in the lowest quartile of for institutions in each category described in subsection (b)(1), (b)(4), or (b)(7); or
``(C) are public institutions of higher education that have a tuition and fee increase of less than $600 for a first-time, full-time undergraduate student.
      ``(2) Use of funds.--Funds awarded to an institution of higher education under paragraph (1) shall be distributed by the institution in the form of need-based grant aid to students who are eligible for Federal Pell Grants, except that no student shall receive an amount under this section that would cause the amount of total financial aid received by such student to exceed  the cost of attendance of the institution."

``(a)  Maintenance of Effort Required.--A State shall provide--
       ``(1) for public institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which 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 five most recent preceding academic years for which satisfactory data are available; . . ."