Pub. L. 110-315, tit. IV, pt. A, sec. 403

FEDERAL TRIO PROGRAMS.

EnactedYear: 2008Length: 5,657 wordsOfficial source
SEC. 403. FEDERAL TRIO PROGRAMS.(a) Program Authority; Authorization of Appropriations.—Section 402A (20 U.S.C. 1070a–11) is amended—(1) in subsection (b)—(A) in paragraph (1)—(i) by inserting “including community-based organizations with experience in serving disadvantaged youth” after “private agencies and organizations”; and(ii) by striking “in exceptional circumstances” and inserting “, as appropriate to the purposes of the program”;(B) in paragraph (2)—(i) in the matter preceding subparagraph (A), by striking “4” and inserting “5”; and(ii) by amending subparagraph (A) to read as follows:“(A) in order to synchronize the awarding of grants for programs under this chapter, the Secretary may, under such terms as are consistent with the purposes of this 122 STAT. 3192 chapter, provide a one-time, limited extension of the length of such an award;”; and(C) by striking paragraph (3) and inserting the following:“(3) Minimum grants.—Unless the institution or agency requests a smaller amount, an individual grant authorized under this chapter shall be awarded in an amount that is not less than $200,000, except that an individual grant authorized under section 402G shall be awarded in an amount that is not less than $170,000.”;(2) in subsection (c)—(A) in paragraph (2)—(i) by striking “(2) prior experience.—In” and inserting the following:“(2) Considerations.—“(A) Prior experience.—In”;(ii) by striking “service delivery” and inserting “high quality service delivery, as determined under subsection (f),”; and(iii) by adding at the end the following new subparagraph:“(B) Participant need.—In making grants under this chapter, the Secretary shall consider the number, percentages, and needs of eligible participants in the area, institution of higher education, or secondary school to be served to aid such participants in preparing for, enrolling in, or succeeding in postsecondary education, as appropriate to the particular program for which the eligible entity is applying.”;(B) in paragraph (3)(B), by striking “is not required to” and inserting “shall not”;(C) in paragraph (5), by striking “campuses” and inserting “different campuses”;(D) in paragraph (6), by adding at the end the following new sentence: “The Secretary shall, as appropriate, require each applicant for funds under the programs authorized by this chapter to identify and make available services under such program, including mentoring, tutoring, and other services provided by such program, to foster care youth (including youth in foster care and youth who have left foster care after reaching age 13) or to homeless children and youths as defined in section 725 of the McKinney-Vento Homeless Assistance Act.”; and(E) by adding at the end the following:“(8) Review and notification by the secretary.—“(A) Guidance.—Not later than 180 days after the date of enactment of the Higher Education Opportunity Act, the Secretary shall issue nonregulatory guidance regarding the rights and responsibilities of applicants with respect to the application and evaluation process for programs and projects assisted under this chapter, including applicant access to peer review comments. The guidance shall describe the procedures for the submission, processing, and scoring of applications for grants under this chapter, including—“(i) the responsibility of applicants to submit materials in a timely manner and in accordance with the 122 STAT. 3193 processes established by the Secretary under the authority of the General Education Provisions Act;“(ii) steps the Secretary will take to ensure that the materials submitted by applicants are processed in a proper and timely manner;“(iii) steps the Secretary will take to ensure that prior experience points for high quality service delivery are awarded in an accurate and transparent manner;“(iv) steps the Secretary will take to ensure the quality and integrity of the peer review process, including assurances that peer reviewers will consider applications for grants under this chapter in a thorough and complete manner consistent with applicable Federal law; and“(v) steps the Secretary will take to ensure that the final score of an application, including prior experience points for high quality service delivery and points awarded through the peer review process, is determined in an accurate and transparent manner.“(B) Updated guidance.—Not later than 45 days before the date of the commencement of each competition for a grant under this chapter that is held after the expiration of the 180-day period described in subparagraph (A), the Secretary shall update and publish the guidance described in such subparagraph.“(C) Review.—“(i) In general.—With respect to any competition for a grant under this chapter, an applicant may request a review by the Secretary if the applicant—“(I) has evidence of a specific technical, administrative, or scoring error made by the Department, an agent of the Department, or a peer reviewer, with respect to the scoring or processing of a submitted application; and“(II) has otherwise met all of the requirements for submission of the application.“(ii) Technical or administrative error.—In the case of evidence of a technical or administrative error listed in clause (i)(I), the Secretary shall review such evidence and provide a timely response to the applicant. If the Secretary determines that a technical or administrative error was made by the Department or an agent of the Department, the application of the applicant shall be reconsidered in the peer review process for the applicable grant competition.“(iii) Scoring error.—In the case of evidence of a scoring error listed in clause (i)(I), when the error relates to either prior experience points for high quality service delivery or to the final score of an application, the Secretary shall—“(I) review such evidence and provide a timely response to the applicant; and“(II) if the Secretary determines that a scoring error was made by the Department or a peer reviewer, adjust the prior experience points or final score of the application appropriately and quickly, 122 STAT. 3194 so as not to interfere with the timely awarding of grants for the applicable grant competition.“(iv) Error in peer review process.—“(I) Referral to secondary review.—In the case of a peer review process error listed in clause (i)(I), if the Secretary determines that points were withheld for criteria not required in Federal statute, regulation, or guidance governing a program assisted under this chapter or the application for a grant for such program, or determines that information pertaining to selection criteria was wrongly determined missing from an application by a peer reviewer, then the Secretary shall refer the application to a secondary review panel.“(II) Timely review; replacement score.—The secondary review panel described in subclause (I) shall conduct a secondary review in a timely fashion, and the score resulting from the secondary review shall replace the score from the initial peer review.“(III) Composition of secondary review panel.—The secondary review panel shall be composed of reviewers each of whom—“(aa) did not review the application in the original peer review;“(bb) is a member of the cohort of peer reviewers for the grant program that is the subject of such secondary review; and“(cc) to extent practicable, has conducted peer reviews in not less than two previous competitions for the grant program that is the subject of such secondary review.“(IV) Final score.—The final peer review score of an application subject to a secondary review under this clause shall be adjusted appropriately and quickly using the score awarded by the secondary review panel, so as not to interfere with the timely awarding of grants for the applicable grant competition.“(V) Qualification for secondary review.—To qualify for a secondary review under this clause, an applicant shall have evidence of a scoring error and demonstrate that—“(aa) points were withheld for criteria not required in statute, regulation, or guidance governing the Federal TRIO programs or the application for a grant for such programs; or“(bb) information pertaining to selection criteria was wrongly determined to be missing from the application.“(v) Finality.—“(I) In general.—A determination by the Secretary under clause (i), (ii), or (iii) shall not be reviewable by any officer or employee of the Department.“(II) Scoring.—The score awarded by a secondary review panel under clause (iv) shall not 122 STAT. 3195 be reviewable by any officer or employee of the Department other than the Secretary.“(vi) Funding of applications with certain adjusted scores.—To the extent feasible based on the availability of appropriations, the Secretary shall fund applications with scores that are adjusted upward under clauses (ii), (iii), and (iv) to equal or exceed the minimum cut off score for the applicable grant competition.”;(3) in subsection (e)—(A) by striking “(g)(2)” each place it appears and inserting “(h)(4)”; and(B) by adding at the end the following new paragraph:“(3) Notwithstanding this subsection and subsection (h)(4), individuals who are foster care youth (including youth in foster care and youth who have left foster care after reaching age 13), or homeless children and youths as defined in section 725 of the McKinney-Vento Homeless Assistance Act, shall be eligible to participate in programs under sections 402B, 402C, 402D, and 402F.”;(4) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;(5) by inserting after subsection (e) the following:“(f) Outcome Criteria.—“(1) Use for prior experience determination.—For competitions for grants under this chapter that begin on or after January 1, 2009, the Secretary shall determine an eligible entity’s prior experience of high quality service delivery, as required under subsection (c)(2), based on the outcome criteria described in paragraphs (2) and (3).“(2) Disaggregation of relevant data.—The outcome criteria under this subsection shall be disaggregated by low-income students, first generation college students, and individuals with disabilities, in the schools and institutions of higher education served by the program to be evaluated.“(3) Contents of outcome criteria.—The outcome criteria under this subsection shall measure, annually and for longer periods, the quality and effectiveness of programs authorized under this chapter and shall include the following:“(A) For programs authorized under section 402B, the extent to which the eligible entity met or exceeded the entity’s objectives established in the entity’s application for such program regarding—“(i) the delivery of service to a total number of students served by the program;“(ii) the continued secondary school enrollment of such students;“(iii) the graduation of such students from secondary school with a regular secondary school diploma in the standard number of years;“(iv) the completion by such students of a rigorous secondary school program of study that will make such students eligible for programs such as the Academic Competitiveness Grants Program;“(v) the enrollment of such students in an institution of higher education; and122 STAT. 3196“(vi) to the extent practicable, the postsecondary education completion of such students.“(B) For programs authorized under section 402C, the extent to which the eligible entity met or exceeded the entity’s objectives for such program regarding—“(i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period;“(ii) such students’ school performance, as measured by the grade point average, or its equivalent;“(iii) such students’ academic performance, as measured by standardized tests, including tests required by the students’ State;“(iv) the retention in, and graduation from, secondary school of such students;“(v) the completion by such students of a rigorous secondary school program of study that will make such students eligible for programs such as the Academic Competitiveness Grants Program;“(vi) the enrollment of such students in an institution of higher education; and“(vii) to the extent practicable, the postsecondary education completion of such students.“(C) For programs authorized under section 402D—“(i) the extent to which the eligible entity met or exceeded the entity’s objectives regarding the retention in postsecondary education of the students served by the program;“(ii)(I) in the case of an entity that is an institution of higher education offering a baccalaureate degree, the extent to which the entity met or exceeded the entity’s objectives regarding the percentage of such students’ completion of the degree programs in which such students were enrolled; or“(II) in the case of an entity that is an institution of higher education that does not offer a baccalaureate degree, the extent to which such students met or exceeded the entity’s objectives regarding—“(aa) the completion of a degree or certificate by such students; and“(bb) the transfer of such students to institutions of higher education that offer baccalaureate degrees;“(iii) the extent to which the entity met or exceeded the entity’s objectives regarding the delivery of service to a total number of students, as agreed upon by the entity and the Secretary for the period; and“(iv) the extent to which the entity met or exceeded the entity’s objectives regarding the students served under the program who remain in good academic standing.“(D) For programs authorized under section 402E, the extent to which the entity met or exceeded the entity’s objectives for such program regarding—“(i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period;122 STAT. 3197“(ii) the provision of appropriate scholarly and research activities for the students served by the program;“(iii) the acceptance and enrollment of such students in graduate programs; and“(iv) the continued enrollment of such students in graduate study and the attainment of doctoral degrees by former program participants.“(E) For programs authorized under section 402F, the extent to which the entity met or exceeded the entity’s objectives for such program regarding—“(i) the enrollment of students without a secondary school diploma or its recognized equivalent, who were served by the program, in programs leading to such diploma or equivalent;“(ii) the enrollment of secondary school graduates who were served by the program in programs of postsecondary education;“(iii) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period; and“(iv) the provision of assistance to students served by the program in completing financial aid applications and college admission applications.“(4) Measurement of progress.—In order to determine the extent to which each outcome criterion described in paragraph (2) or (3) is met or exceeded, the Secretary shall compare the agreed upon target for the criterion, as established in the eligible entity’s application approved by the Secretary, with the results for the criterion, measured as of the last day of the applicable time period for the determination for the outcome criterion.”;(6) in subsection (g) (as redesignated by paragraph (4))—(A) in the first sentence, by striking “$700,000,000 for fiscal year 1999” and all that follows through the period and inserting “$900,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.”; and(B) by striking the fourth sentence; and(7) in subsection (h) (as redesignated by paragraph (4))—(A) by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively;(B) by inserting before paragraph (3) (as redesignated by subparagraph (A)) the following:“(1) Different campus.—The term ‘different campus’ means a site of an institution of higher education that—“(A) is geographically apart from the main campus of the institution;“(B) is permanent in nature; and“(C) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential.“(2) Different population.—The term ‘different population’ means a group of individuals that an eligible entity desires to serve through an application for a grant under this chapter, and that—122 STAT. 3198“(A) is separate and distinct from any other population that the entity has applied for a grant under this chapter to serve; or“(B) while sharing some of the same needs as another population that the eligible entity has applied for a grant under this chapter to serve, has distinct needs for specialized services.”;(C) in paragraph (5) (as redesignated by subparagraph (A))—(i) in subparagraph (A)—(I) by striking “, any part of which occurred after January 31, 1955,”; and(II) by striking “or” after the semicolon;(ii) in subparagraph (B)—(I) by striking “after January 31, 1955,”; and(II) by striking the period at the end and inserting a semicolon; and(iii) by adding at the end the following:“(C) was a member of a reserve component of the Armed Forces called to active duty for a period of more than 30 days; or“(D) was a member of a reserve component of the Armed Forces who served on active duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code) on or after September 11, 2001.”; and(D) in paragraph (6) (as redesignated by subparagraph (A)), by striking “subparagraph (A) or (B) of paragraph (3)” and inserting “subparagraph (A), (B), or (C) of paragraph (5)”.(b) Talent Search.—Section 402B (20 U.S.C. 1070a–12) is amended—(1) in subsection (a)—(A) in paragraph (2), by inserting “, and facilitate the application for,” after “the availability of”; and(B) in paragraph (3), by striking “, but who have the ability to complete such programs, to reenter” and inserting “to enter or reenter, and complete”;(2) by redesignating subsection (c) as subsection (d);(3) by striking subsection (b) and inserting the following:“(b) Required Services.—Any project assisted under this section shall provide—“(1) connections to high quality academic tutoring services, to enable students to complete secondary or postsecondary courses;“(2) advice and assistance in secondary course selection and, if applicable, initial postsecondary course selection;“(3) assistance in preparing for college entrance examinations and completing college admission applications;“(4)(A) information on the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and“(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a);“(5) guidance on and assistance in—122 STAT. 3199“(A) secondary school reentry;“(B) alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;“(C) entry into general educational development (GED) programs; or“(D) postsecondary education; and“(6) connections to education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents, including financial planning for postsecondary education.“(c) Permissible Services.—Any project assisted under this section may provide services such as—“(1) academic tutoring, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;“(2) personal and career counseling or activities;“(3) information and activities designed to acquaint youth with the range of career options available to the youth;“(4) exposure to the campuses of institutions of higher education, as well as cultural events, academic programs, and other sites or activities not usually available to disadvantaged youth;“(5) workshops and counseling for families of students served;“(6) mentoring programs involving elementary or secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of such persons; and“(7) programs and activities as described in subsection (b) or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), students who are in foster care or are aging out of the foster care system, or other disconnected students.”; and(4) in the matter preceding paragraph (1) of subsection (d) (as redesignated by paragraph (2)), by striking “talent search projects under this chapter” and inserting “projects under this section”.(c) Upward Bound.—Section 402C (20 U.S.C. 1070a–13) is amended—(1) by striking subsection (b) and inserting the following:“(b) Required Services.—Any project assisted under this section shall provide—“(1) academic tutoring to enable students to complete secondary or postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;“(2) advice and assistance in secondary and postsecondary course selection;“(3) assistance in preparing for college entrance examinations and completing college admission applications;122 STAT. 3200“(4)(A) information on the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and“(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a);“(5) guidance on and assistance in—“(A) secondary school reentry;“(B) alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;“(C) entry into general educational development (GED) programs; or“(D) postsecondary education; and“(6) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents, including financial planning for postsecondary education.”;(2) in subsection (c)—(A) in the subsection heading, by striking “Required Services” and inserting “Additional Required Services for Multiple-Year Grant Recipients”; and(B) by striking “upward bound project assisted under this chapter” and inserting “project assisted under this section”;(3) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;(4) by inserting after subsection (c) the following:“(d) Permissible Services.—Any project assisted under this section may provide such services as—“(1) exposure to cultural events, academic programs, and other activities not usually available to disadvantaged youth;“(2) information, activities, and instruction designed to acquaint youth participating in the project with the range of career options available to the youth;“(3) on-campus residential programs;“(4) mentoring programs involving elementary school or secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of such persons;“(5) work-study positions where youth participating in the project are exposed to careers requiring a postsecondary degree;“(6) special services, including mathematics and science preparation, to enable veterans to make the transition to postsecondary education; and“(7) programs and activities as described in subsection (b), subsection (c), or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), students who are in foster care or are aging out of the foster care system, or other disconnected students.”;(5) in subsection (e) (as redesignated by paragraph (3))—122 STAT. 3201(A) in the matter preceding paragraph (1), by striking “upward bound projects under this chapter” and inserting “projects under this section”;(B) in paragraph (2), by striking “either low-income” and all that follows through the semicolon and inserting “low-income individuals, first generation college students, or students who have a high risk for academic failure;”;(C) in paragraph (3), by striking “and” after the semicolon;(D) in paragraph (4), by striking the period at the end and inserting “; and”; and(E) by adding at the end the following:“(5) require an assurance that no student will be denied participation in a project assisted under this section because the student will enter the project after the 9th grade.”;(6) in subsection (f) (as redesignated by paragraph (3))—(A) by striking “during June, July, and August” each place the term occurs and inserting “during the summer school recess, for a period not to exceed three months”; and(B) by striking “(b)(10)” and inserting “(d)(5)”; and(7) by adding at the end the following:“(h) Absolute Priority Prohibited in Upward Bound Program.—Upon enactment of this subsection and except as otherwise expressly provided by amendment to this section, the Secretary shall not continue, implement, or enforce the absolute priority for the Upward Bound Program published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall not be applied retroactively. In implementing this subsection, the Department shall allow the programs and participants chosen in the grant cycle to which the priority applies to continue their grants and participation without a further recompetition. The entities shall not be required to apply the absolute priority conditions or restrictions to future participants.”.(d) Student Support Services.—Section 402D (20 U.S.C. 1070a–14) is amended—(1) in subsection (a)—(A) in paragraph (2), by striking “and” after the semicolon; and(B) by striking paragraph (3) and inserting the following:“(3) to foster an institutional climate supportive of the success of students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), students who are in foster care or are aging out of the foster care system, or other disconnected students; and“(4) to improve the financial literacy and economic literacy of students, including—“(A) basic personal income, household money management, and financial planning skills; and“(B) basic economic decisionmaking skills.”;(2) by redesignating subsections (c) and (d) as subsections (d) and (e);122 STAT. 3202(3) by striking subsection (b) and inserting the following:“(b) Required Services.—A project assisted under this section shall provide—“(1) academic tutoring, directly or through other services provided by the institution, to enable students to complete postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;“(2) advice and assistance in postsecondary course selection;“(3)(A) information on both the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and“(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a);“(4) education or counseling services designed to improve the financial literacy and economic literacy of students, including financial planning for postsecondary education;“(5) activities designed to assist students participating in the project in applying for admission to, and obtaining financial assistance for enrollment in, graduate and professional programs; and“(6) activities designed to assist students enrolled in two-year institutions of higher education in applying for admission to, and obtaining financial assistance for enrollment in, a four-year program of postsecondary education.“(c) Permissible Services.—A project assisted under this section may provide services such as—“(1) individualized counseling for personal, career, and academic matters provided by assigned counselors;“(2) information, activities, and instruction designed to acquaint students participating in the project with the range of career options available to the students;“(3) exposure to cultural events and academic programs not usually available to disadvantaged students;“(4) mentoring programs involving faculty or upper class students, or a combination thereof;“(5) securing temporary housing during breaks in the academic year for—“(A) students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)) or were formerly homeless children and youths; and“(B) students who are in foster care or are aging out of the foster care system; and“(6) programs and activities as described in subsection (b) or paragraphs (1) through (4) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), students who are in foster care or are aging out of the foster care system, or other disconnected students.”;122 STAT. 3203(4) in subsection (d)(1) (as redesignated by paragraph (2)), by striking “subsection (b)” and inserting “subsection (c)”; and(5) in the matter preceding paragraph (1) of subsection (e) (as redesignated by paragraph (2)), by striking “student support services projects under this chapter” and inserting “projects under this section”.(e) Postbaccalaureate Achievement Program Authority.—Section 402E (20 U.S.C. 1070a–15) is amended—(1) in subsection (b)—(A) in the subsection heading, by inserting “Required” before “Services”;(B) in the matter preceding paragraph (1), by striking “A postbaccalaureate achievement project assisted under this section may provide services such as—” and inserting “A project assisted under this section shall provide—”;(C) in paragraph (5), by inserting “and” after the semicolon;(D) in paragraph (6), by striking the semicolon and inserting a period; and(E) by striking paragraphs (7) and (8);(2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;(3) by inserting after subsection (b) the following:“(c) Permissible Services.—A project assisted under this section may provide services such as—“(1) education or counseling services designed to improve the financial literacy and economic literacy of students, including financial planning for postsecondary education;“(2) mentoring programs involving faculty members at institutions of higher education, students, or any combination of such persons; and“(3) exposure to cultural events and academic programs not usually available to disadvantaged students.”;(4) in subsection (d) (as redesignated by paragraph (2))—(A) in the matter preceding paragraph (1), by striking “postbaccalaureate achievement”; and(B) in paragraph (2), by inserting after “graduate education” the following: “, including—“(A) Alaska Natives, as defined in section 7306 of the Elementary and Secondary Education Act of 1965;“(B) Native Hawaiians, as defined in section 7207 of such Act; and“(C) Native American Pacific Islanders, as defined in section 320.”;(5) in the matter preceding paragraph (1) of subsection (f) (as redesignated by paragraph (2)), by striking “postbaccalaureate achievement project” and inserting “project under this section”; and(6) in subsection (g) (as redesignated by paragraph (2))—(A) by striking “402A(f)” and inserting “402A(g)”; and(B) by striking “1993 through 1997” and inserting “2009 through 2014”.(f) Educational Opportunity Centers.—Section 402F (20 U.S.C. 1070a–16) is amended—(1) in subsection (a)—(A) in paragraph (1), by striking “and” after the semicolon;122 STAT. 3204(B) in paragraph (2), by striking the period at the end and inserting “; and”; and(C) by adding at the end the following:“(3) to improve the financial literacy and economic literacy of students, including—“(A) basic personal income, household money management, and financial planning skills; and“(B) basic economic decisionmaking skills.”; and(2) in subsection (b)—(A) by redesignating paragraphs (5) through (10) as paragraphs (6) through (11), respectively;(B) by inserting after paragraph (4) the following:“(5) education or counseling services designed to improve the financial literacy and economic literacy of students;”;(C) by striking paragraph (7) (as redesignated by subparagraph (A)) and inserting the following:“(7) individualized personal, career, and academic counseling;”; and(D) by striking paragraph (11) (as redesignated by subparagraph (A)) and inserting the following:“(11) programs and activities as described in paragraphs (1) through (10) that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), students who are in foster care or are aging out of the foster care system, or other disconnected students.”.(g) Staff Development Activities.—Section 402G(b) (20 U.S.C. 1070a–17(b)) is amended by adding at the end the following new paragraph:“(5) Strategies for recruiting and serving hard to reach populations, including students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), students who are in foster care or are aging out of the foster care system, or other disconnected students.”.(h) Reports, Evaluations, and Grants for Project Improvement and Dissemination.—Section 402H (20 U.S.C. 1070a–18) is amended—(1) by striking the section heading and inserting “reports, evaluations, and grants for project improvement and dissemination.”;(2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively;(3) by inserting before subsection (b) (as redesignated by paragraph (2)) the following:“(a) Reports to the Authorizing Committees.—“(1) In general.—The Secretary shall submit annually, to the authorizing committees, a report that documents the performance of all programs funded under this chapter. Such report shall—122 STAT. 3205“(A) be submitted not later than 12 months after the eligible entities receiving funds under this chapter are required to report their performance to the Secretary;“(B) focus on the programs’ performance on the relevant outcome criteria determined under section 402A(f)(4);“(C) aggregate individual project performance data on the outcome criteria in order to provide national performance data for each program;“(D) include, when appropriate, descriptive data, multi-year data, and multi-cohort data; and“(E) include comparable data on the performance nationally of low-income students, first-generation students, and students with disabilities.“(2) Information.—The Secretary shall provide, with each report submitted under paragraph (1), information on the impact of the secondary review process described in section 402A(c)(8)(C)(iv), including the number and type of secondary reviews, the disposition of the secondary reviews, the effect on timing of awards, and any other information the Secretary determines is necessary.”; and(4) in subsection (b) (as redesignated by paragraph (2)), by striking paragraphs (1) and (2) and inserting the following:“(1) In general.—“(A) Authorization of grants and contracts.—For the purpose of improving the effectiveness of the programs and projects assisted under this chapter, the Secretary shall make grants to, or enter into contracts with, institutions of higher education and other public and private institutions and organizations to rigorously evaluate the effectiveness of the programs and projects assisted under this chapter, including a rigorous evaluation of the programs and projects assisted under section 402C. The evaluation of the programs and projects assisted under section 402C shall be implemented not later than June 30, 2010.“(B) Content of upward bound evaluation.—The evaluation of the programs and projects assisted under section 402C that is described in subparagraph (A) shall examine the characteristics of the students who benefit most from the Upward Bound program under section 402C and the characteristics of the programs and projects that most benefit students.“(C) Implementation.—Each evaluation described in this paragraph shall be implemented in accordance with the requirements of this section.“(2) Practices.—“(A) In general.—The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are effective in—“(i) enhancing the access of low-income individuals and first-generation college students to postsecondary education;“(ii) the preparation of such individuals and students for postsecondary education; and“(iii) fostering the success of the individuals and students in postsecondary education.122 STAT. 3206“(B) Primary purpose.—Any evaluation conducted under this chapter shall have as the evaluation’s primary purpose the identification of particular practices that further the achievement of the outcome criteria determined under section 402A(f)(4).“(C) Dissemination and use of evaluation findings.—The Secretary shall disseminate to eligible entities and make available to the public the practices identified under subparagraph (B). The practices may be used by eligible entities that receive assistance under this chapter after the dissemination.“(3) Special rule related to evaluation participation.—The Secretary shall not require an eligible entity, as a condition for receiving, or that receives, assistance under any program or project under this chapter to participate in an evaluation under this section that—“(A) requires the eligible entity to recruit additional students beyond those the program or project would normally recruit; or“(B) results in the denial of services for an eligible student under the program or project.“(4) Consideration.—When designing an evaluation under this subsection, the Secretary shall continue to consider—“(A) the burden placed on the program participants or the eligible entity; and“(B) whether the evaluation meets generally accepted standards of institutional review boards.”.
Pub. L. 110-315, tit. IV, pt. A, sec. 403: FEDERAL TRIO PROGRAMS. | Justis AI