REVISION OF TITLE L

SEC. 101. REVISION OF TITLE L Title I of the Act (20 U.S.C. 1001 et seq.) is amended to read as follows: “TITLE I— PARTNERSHIPS FOR EDUCATIONAL EXCELLENCE “PART A— SCHOOL, COLLEGE, AND UNIVERSITY PARTNERSHIPS “SEC. 101. PURPOSE. “It is the purpose of this part to encourage partnerships between institutions of higher education or State higher education agencies and secondary schools serving low-income and disadvantaged students, to support programs that— “(1) improve the retention and graduation rates at such secondary schools; “(2) improve the academic skills of public and private nonprofit secondary school students; “(3) increase such students’ opportunities to continue a program of education after secondary school; and “(4) improve such students’ prospects for employment after secondary school. “SEC. 102. AGREEMENT. “(a) Agreement.— To be eligible for a grant under this part, an institution of higher education, a State higher education agency, or a consortium consisting of any of the preceding entities thereof shall enter into a written partnership agreement with a local educational agency. Such partnership may include businesses, labor organizations, professional associations, community-based organizations, public television stations or other telecommunications entities, or other public or private agencies or organizations. Each entity participating in the partnership shall sign the agreement. “(b) Contents of Agreement.— The agreement shall include— “(1) a listing of all participants in the partnership, including a designation of the official representatives of each entity participating in the partnership; “(2) a description of the responsibilities of each participant in the partnership; and “(3) a listing of the resources to be contributed by each participant in the partnership. “SEC. 103. GRANTS. “(a) Division Between School-Year and Summer Programs.— From the funds appropriated to carry out this part pursuant to section 106, the Secretary shall reserve 65 percent of such funds to carry out programs operating during the regular school year and 35 percent of such funds to carry out programs operating during the summer. “(b) Amount and Use of Grants.— 106 STAT. 460 “(1) Amount.— The Secretary shall make grants under this part in amounts which are not less than $250,000 and not more than $1,000,000. “(2) Permitted uses of funds.— Grants under this part may be used by the partnership for programs that— “(A) use college students to tutor secondary school students and improve their basic academic skills or to involve secondary school students in community service-learning projects; “(B) are designed to improve the basic academic skills of secondary school students; “(C) are designed to increase the understanding of specific subjects of secondary school students; “(D) are designed to improve the opportunity to continue a program of education after graduation for secondary school students; and “(E) are designed to increase the prospects for employment after graduation of secondary school students. “(c) Preferences.— In making grants under this part, the Secretary shall give a preference to— “(1) programs which will serve predominantly low-income communities; “(2) partnerships which will run programs during the regular school year and summer; “(3) programs which will serve educationally disadvantaged students; students with disabilities; potential dropouts; pregnant adolescents and teenage parents; children of migratory agricultural workers or of migratory fishermen; or students whose native language is other than English; and “(4) programs designed to encourage women and minorities who are underrepresented in the fields of science and mathematics to pursue these fields. “(d) Duration.— Each grant awarded under this part may be awarded for a period not to exceed 5 years. “(e) Equitable Geographic Distribution.— The Secretary shall award grants under this part in a manner that achieves an equitable geographic distribution of such grants. “SEC. 104. GRANT APPLICATION. “(a) Application Required.— A partnership desiring to receive a grant under this part shall submit an application to the Secretary, in such form and providing such information as the Secretary, by regulation, shall require. “(b) Contents of Application.— The application shall include— “(1) the partnership agreement described in section 102; “(2) a listing of the public and private nonprofit secondary school or schools to be involved in the program; “(3) a description of the activities and services for which assistance is sought; “(4) a description of the programs to be developed and operated by the partnership; and “(5) assurances to the Secretary that— “(A) the partnership will establish a governing body including one representative of each participant in the partnership; “(B) Federal funds will provide no more than 70 percent of the cost of the project in the first year, 60 percent 106 STAT. 461of such costs in the second year, and 50 percent of such costs in the third year and any subsequent year; “(C) a local educational agency or institution of higher education receiving funds under this subpart shall not reduce its combined fiscal effort per student or its aggregate expenditure on education; “(D) a local educational agency or institution of higher education participating in this partnership shall utilize any Federal funds it shall receive from a grant under this part to supplement, and, to the extent practicable, increase the resources that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students described in this part; and “(E) in no case shall funds under such a grant be used to supplant non-Federal funds already available. “(c) Special Rule.— The non-Federal share of grants awarded under this part may be in cash or in kind fairly evaluated, including services, supplies or equipment. “(d) Waiver.— The Secretary may waive the matching requirement described in paragraph (5)(B) for any eligible partnership that demonstrates to the satisfaction of the Secretary a unique hardship that prevents compliance with such matching requirement. “SEC. 105. PEER REVIEW. “The Secretary shall designate a peer review panel to review applications submitted under this part and make recommendations for funding to the Secretary. In selecting the peer review panel, the Secretary shall consult with officials of the other Federal agencies and with non-Federal organizations to ensure that the panel membership shall be geographically balanced and be composed of representatives from public and private institutions of elementary, secondary, and higher education, labor, business, and State and local governments, who have expertise in community service or in education. “SEC. 106. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $20,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this part. “PART B— ARTICULATION AGREEMENTS “SEC. 121. FINDINGS AND PURPOSE. “(a) Findings.— The Congress finds that— “(1) because more than one-half of all first-time first-year students attending postsecondary institutions attend community or junior colleges, and because almost one-half of minority students enrolled in higher education attend 2-year institutions, community and junior colleges represent a substantial and an important educational resource; “(2) declining participation rates for low-income students and minorities at institutions of higher education is of growing concern to the higher education community and Congress; and “(3) there is growing awareness of the need to assist low-income, minority and other nontraditional students in bridging the gap between 2-year to 4-year institutions, enabling such students to reach their individual potential, as well as contribute to the larger society. 106 STAT. 462 “(b) Purpose.— The purpose of this part is to improve the educational opportunities of this Nation’s postsecondary students by creating comprehensive articulation agreements and planning between partnerships of 2-year and 4-year institutions of higher education. “SEC. 122. AUTHORIZATION OF GRANTS. “(a) Assistance for Articulation Partnerships.— From amounts appropriated for this part, the Secretary shall make grants to States to enable States to make awards, either on a competitive basis or on the basis of a formula determined by the State, to articulation partnerships between— “(1) a qualified 2-year institution; and “(2) a qualified 4-year institution. “(b) Qualified Institutions.— For purposes of this part— “(1) a qualified 2-year institution is an institution of higher education (as determined under section 481(a)) that is an eligible institution under section 435(a) and that— “(A) is a nonprofit institution that offers a 2-year associate degree or a 2-year certificate program; or “(B) is a proprietary institution that offers a 2-year associate degree program; and “(2) a qualified 4-year institution is an institution of higher education (as determined under section 481(a)) that is an eligible institution under section 435(a) and that offers a baccalaureate degree program. “(c) Allocation and State Grants.— “(1) Formula allocation.— In any fiscal year for which the amount made available under section 129 to carry out the provisions of this part equals or exceeds $50,000,000, the Secretary shall allot an amount that bears the same ratio to the amount appropriated under section 129 for such fiscal year as the total amount received under title IV by students attending institutions of higher education in that State for such fiscal year bears to the total amount received under title IV by all students for such fiscal year, based on the most recent year for which such data are available. “(2) Competitive grants.— In any fiscal year for which the amount made available under section 129 to carry out the provisions of this part do not equal or exceed $50,000,000, the Secretary is authorized, in accordance with the provisions of this part, to make grants to States to carry out articulation agreements under sections 124 and 125. “SEC. 123. STATE APPLICATION. “Each State that desires to receive a grant under this part shall submit an application to the Secretary in such form and containing or accompanied by such information as the Secretary may require. Such application shall— “(1) after consultation with the State agencies responsible for supervision of community colleges, technical institutes, or other 2-year postsecondary institutions, designate a sole State agency as the State agency responsible for the administration and supervision of activities carried out with assistance under this part; “(2) describe how funds will be allocated in a manner consistent with section 124; 106 STAT. 463 “(3) contain assurances that the State will comply with the requirements of this part; “(4) provide for an annual submission of data concerning the use of funds and students served with assistance under this part; and “(5) provide that the State will keep such records and provide such information to the Secretary as may be required for purposes of financial audits and program evaluation. “SEC. 124. LOCAL APPLICATIONS. “Any articulation partnership comprised of qualified institutions that desires to receive a grant from a State under this part shall submit an application to the State in such form and containing or accompanied by such information as the State may require and shall— “(1) include in the articulation agreement— “(A) assurances that academic credit earned at the qualified institution described in section 122(b)(1) will be transferable to the qualified institution or institutions as described in section 122(b)(2); “(B) development of articulation agreement programs and services appropriate to the needs of the partnership participants; “(C) activities that facilitate the development of programs and services appropriate to the needs of the students attending courses covered by the articulation agreement; “(D) inservice training for faculty designed to implement effective articulation agreements; “(E) counseling services; and “(F) information concerning programs contained in the articulation agreement; “(2) include assurances that the articulation partnership has the qualified personnel required— “(A) to develop, administer, and implement the program required by this part; and “(B) to provide special training necessary to prepare staff for the program; and “(3) include a plan of operation for the program which includes a description of— “(A) the program goals; “(B) the uses of funds as required by paragraph (2); “(C) the activities and services which will be provided under the program (including training and preparation of staff); and “(D) the subject areas to be included in the articulation agreement. “SEC. 125. ARTICULATION AGREEMENT. “(a) Length of Grant.— Each recipient of a grant from a State shall use the amounts provided under the grant to develop and operate articulation agreements for 6 years. “(b) Use of Funds.— Funds provided to an articulation partnership under this part may be used— “(1) to perform any activity or program required by section 124; “(2) as part of the program’s planning activities, to acquire technical assistance from Federal, State, or local entities that 106 STAT. 464have successfully designed, established, and operated articulation programs; “(3) to provide workshops with students and teachers, counseling for students to continue their education to a bachelors degree, orientation visits at institutions participating in the partnerships; “(4) to develop agreements with local educational agencies for vocational course equivalency approval procedures for purposes of satisfying entrance requirements to qualified institutions; and “(5) to provide outreach to potential students. “SEC. 126. STATE ADMINISTRATION. “A State may reserve not more than 3 percent of the amounts available under this part for any fiscal year for State administrative costs including monitoring and technical assistance. “SEC. 127. PRIORITY. “The State shall give priority to grant applications for programs which— “(1) encourage teacher education; “(2) have, as one of the partners participating in an articulation agreement, an entity participating in an articulation agreement described in section 344(b)(1) of the Carl D. Perkins Vocational and Applied Technology Education Act; “(3) contribute their own institutional resources; “(4) are not subject to a default reduction agreement under section 428F; “(5) encourage technology education; or “(6) encourage articulation in subject areas of national importance as determined by the Secretary. “SEC. 128. REPORTS. “(a) State Reports.— Each State shall submit to the Secretary an annual report on the operation of the program under this part in such State during the preceding year. Such report shall include such information as the Secretary may require by regulation. “(b) Evaluation and Dissemination.— “(1) Evaluation.— The Secretary shall, on the basis of the reports submitted under subsection (a), evaluate all or a sample of the programs conducted under this part for the purposes of— “(A) determining the success or failure of such programs in increasing access and entry of students from 2-year institutions to 4-year institutions; and “(B) identifying the most successful programs under this part and the causes for such success. “(2) Dissemination.— The Secretary shall, not later than January 31, 1996, submit a report to the Congress on the results of the evaluation described in paragraph (1). The Secretary shall disseminate the findings made pursuant to subparagraph (B) through appropriate agencies and organizations. “(3) Reservation.— The Secretary may reserve up to 3 percent of the amount appropriated under section 129 to carry out this subsection. 106 STAT. 465 “SEC. 129. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to carry out this part, $25,000,000 for fiscal year 1993, and such sums as may be necessary for each of the 4 succeeding fiscal years. “PART C— ACCESS AND EQUITY TO EDUCATION FOR ALL AMERICANS THROUGH TELECOMMUNICATIONS “SEC. 131. PROGRAM ESTABLISHED; AUTHORIZATION OF APPROPRIATIONS; ELIGIBILITY. “(a) General Authority.— The Secretary is authorized to make grants to eligible partnerships to enable such partnerships to pay the Federal share of the cost of the activities described in the application submitted pursuant to section 132. “(b) Authorizations of Appropriations.— “(1) In general.—There are authorized to be appropriated to carry out this part $10,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years. “(2) Availability.— Funds appropriated pursuant to the authority of paragraph (1) shall remain available until expended. “(c) Eligible Partnership.— For the purpose of this part the term ‘eligible partnership’ means a partnership which— “(1) shall consist of— “(A) a public broadcasting entity or a consortium thereof; and “(B) an institution of higher education or a consortium thereof; and “(2) may also include a State, a unit of local government, or a public or private nonprofit organization. “(d) Federal Share.— The Federal share shall be 50 percent. “SEC. 132. APPLICATION. “(a) In General.— Each eligible partnership desiring to receive a grant under this part shall submit an application to the Secretary at such time, in such manner and containing or accompanied by such information as the Secretary may reasonably require. “(b) Contents.— Each application submitted pursuant to paragraph (1) shall— “(1) describe the education telecommunications activities or services to be assisted; “(2) describe the administrative and management structure supporting such activities or services; “(3) provide assurances that the financial interests of the United States in the telecommunications equipment, software and other facilities shall be protected for the useful life of such equipment, software or facilities; “(4) describe the manner in which nontraditional postsecondary education students will benefit from the activities and services supported; “(5) describe the manner in which special services, including captioned films, television, descriptive video and education media for individuals with disabilities, shall be supported; and 106 STAT. 466 “(6) provide assurances that the eligible partnership will provide the non-Federal share of assistance under this part. “(c) Approval of Applications.— “(1) In general.— The Secretary shall, in approving applications under this part, give priority to applications which describe programs that-— “(A) include support for services to make captioned films, descriptive video and educational media available to individuals with disabilities who otherwise lack access to such educational materials; “(B) will provide, directly or indirectly, activities or services to a significant number of postsecondary institutions; “(C) improve access to accredited telecommunications coursework for individuals with disabilities otherwise denied such access; “(D) will be available in a multistate area; “(E) include evidence of significant support for the program from the business community; or “(F) provide matching funds, in an amount which exceeds the required non-Federal share. “(2) Equitable geographic distribution of assistance.— In approving applications under this part the Secretary shall ensure the equitable geographic distribution of grants awarded under this part. “SEC. 133. AUTHORIZED ACTIVITIES. “Grants awarded under this part shall be used for one or more of the following activities: “(1) The acquisition of site equipment to provide the technical ability to receive diverse education services at schools, campuses, and work site locations. “(2) Satellite, fiber optic and other distribution systems, and for local broadcast or other local distribution capability. “(3) Pre-service or in-service education and training for kindergarten through 12th grade teachers through interactive television conferencing. “(4) Preparation of telecommunications programs and software that support national, regional or statewide efforts to provide teaching and learning materials not otherwise available for local use. “(5) A loan service of captioned films, descriptive video and educational media in order to make such materials available, in accordance with regulations issued by the Secretary, in the United States for nonprofit purposes to individuals with disabilities, parents of individuals with disabilities, and other individuals directly involved in activities for the advancement of individuals with disabilities, including addressing problems of illiteracy among individuals with disabilities. “SEC. 134. DEFINITION. “For the purpose of this part, the term ‘public broadcasting entity’ has the same meaning given to such term by section 397(11) of the Communications Act of 1934. “SEC. 136. REPORT. “(a) In General.— Each recipient of a grant under this part shall submit a report to the Secretary not later than 30 days after the conclusion of the grant period. 106 STAT. 467 “(b) Contents.— Each report described in subsection (a) shall include— “(1) a description of activities and services assisted under this part; “(2) a description of the population served by the program; and “(3) an assessment of the ability of private sector entities participating in the eligible partnership to continue the support of the activities and services in the absence of Federal funding. “(c) Dissemination.— The Secretary shall select reports received under this subsection that are appropriate for dissemination to the education community and shall make such reports available through the National Diffusion Network.”.