[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3551 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3551

    To amend the Higher Education Act of 1965 by strengthening and 
 expanding the Gaining Early Awareness and Readiness for Undergraduate 
Programs (GEAR UP) in order to facilitate the transition of low-income 
          high school students into post-secondary education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

  Mr. Fattah introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To amend the Higher Education Act of 1965 by strengthening and 
 expanding the Gaining Early Awareness and Readiness for Undergraduate 
Programs (GEAR UP) in order to facilitate the transition of low-income 
          high school students into post-secondary education.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``GEAR UP & GO 
Act''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

SEC. 2. CONTINUUM OF SERVICES.

    (a) Awards.--Section 404A(b)(2)(B) (20 U.S.C. 1070a-21(b)(2)(B)) is 
amended by inserting after ``through the completion of secondary 
school'' the following: ``or through the first year of attendance at a 
postsecondary education institution''.
    (b) Cohort Approach.--Section 404B(g)(1)(B) (20 U.S.C. 1070a-
22(g)(1)(B)) is amended by inserting after ``through the 12th grade'' 
the following ``or through the first year of attendance at a 
postsecondary education institution to students in the participating 
grade level''.
    (c) Special Rule.--Section 404B(g) is further amended by adding at 
the end the following new paragraph:
            ``(3) Special rule.--Notwithstanding paragraph (1)(A), the 
        Secretary shall allow eligible entities identified in section 
        404A(c) to provide services described in section 404D to 
        students who have received services under a previous grant 
        award under this chapter but have not yet completed the 12th 
        grade.''.
    (d) Early Intervention.--
            (1) Uses of funds.--Section 404D(b)(2) (20 U.S.C. 1070a-
        24(b)(2)) is amended by inserting after ``through grade 12'' 
        the following: ``or through the first year of attendance at a 
        postsecondary education institution''.
            (2) Priority students.--Section 404D(c) is amended by 
        inserting after ``through grade 12'' the following ``or through 
        the first year of attendance at a postsecondary education 
        institution''.

SEC. 3. CONTINUING ELIGIBILITY.

     Section 404A (20 U.S.C. 1070a-21) is amended by adding at the end 
the following new subsection:
    ``(d) Continuing Eligibility.--An eligible entity shall not cease 
to be an eligible entity upon the expiration of any grant under this 
chapter (including a continuation award). The Secretary shall require 
any such entity seeking a new grant to demonstrate the effectiveness of 
the prior programs under this chapter in its plan submitted under 
section 404C.''.

SEC. 4. FINANCIAL EDUCATION AND COUNSELING.

    Section 404D (20 U.S.C. 1070a-24) is amended--
            (1) in subsection (a)(1)(B)(i), by inserting before the 
        semicolon at the end the following: ``, and counseling and 
        education regarding financial cost requirements for college''; 
        and
            (2) in subsection (b)(2)(A)(ii), by striking ``career 
        mentoring'' inserting ``career planning and mentoring, academic 
        counseling, and financial literacy, education, or counseling 
        pertaining to the process of going to college''.

SEC. 5. SCHOLARSHIP COMPONENT.

    Section 404E(b) (20 U.S.C. 1070a-25(b)(2)) is amended by striking 
the last sentence and inserting the following: ``The minimum amount of 
scholarship under this section shall be not less than the minimum award 
for a Federal Pell Grant, as described in section 401(b)(5).''.

SEC. 6. DUAL/CONCURRENT ENROLLMENT.

    (a) Amendment.--Chapter 2 of part A of title IV is amended--
            (1) by redesignating section 404G and 404H (20 U.S.C. 
        1070a-27) as sections 404H and 404I, respectively; and
            (2) by inserting after section 404F the following:

``SEC. 404G. DUAL/CONCURRENT ENROLLMENT.

    ``(a) Program Authority.--The Secretary is authorized to carry out 
a program to be known as `GEAR UP & GO', to provide growing 
opportunities for dual/concurrent enrollment, which shall be designed 
to provide low-income high school students participating in GEAR UP 
partnerships or State programs the opportunity to enroll in college 
courses while still enrolled in high school. In such program, students 
shall not be required to apply for admission to the institution of 
higher education in order to participate, but may receive college 
credit.
    ``(b) Student Eligibility.--Except as provided in subsection 
(e)(2), a student shall be eligible for the purpose of this section, if 
the student--
            ``(1) is enrolled in GEAR UP partnerships or State 
        programs;
            ``(2) is enrolled in 10th, 11th, or 12th grade; and
            ``(3) has demonstrated academic readiness for college 
        courses as determined by the applying entity.
    ``(c) Permissible Services.--An entity receiving funding under this 
section may provide services such as--
            ``(1) the offering of core non-remedial college courses as 
        determined by the post secondary institution in which 
        participating students--
                    ``(A) receive instruction from a postsecondary 
                institution faculty member at the secondary site;
                    ``(B) take courses from a postsecondary institution 
                faculty member on-site at the postsecondary 
                institution;
                    ``(C) receive college level instruction from high 
                school faculty who hold the same credentials as 
                postsecondary faculty or who meet qualifications and 
                standards approved by the postsecondary institution; or
                    ``(D) enroll in an early/middle college high school 
                in which students may earn college credit through a 
                coherent course of study leading to a postsecondary 
                degree and high school diploma in an accelerated 
                timeframe;
            ``(2) underwriting the per-credit costs of college courses;
            ``(3) assistance with the selection of core non-remedial 
        college courses by students;
            ``(4) tutorial services pertaining to the core non-remedial 
        college courses in which students are enrolled; and
            ``(5) purchasing books, supplies, and transportation.
    ``(d) Requirements for Approval of Applications.--In approving 
applications for GEAR UP & GO under this section for any fiscal year, 
the Secretary shall--
            ``(1) award funds under this program on an annual basis and 
        determine the average award;
            ``(2) take into consideration whether participating 
        students in a dual/concurrent enrollment program will receive 
        college credit;
            ``(3) require an assurance that an entity applying for 
        funding under this section meet the requirements of section 
        404A(c); and
            ``(4) not approve a plan unless such a plan--
                    ``(A) details the criteria used for determining 
                student academic readiness or qualifications for 
                participation in the dual/concurrent enrollment 
                program; and
                    ``(B) specifies the methods by which funds will be 
                spent for carrying out the program.
    ``(e) Early/Middle College High School.--
            ``(1) Reservation for grants.--The Secretary of Education 
        shall reserve, at a maximum, 25 percent of the funds 
        appropriated under subsection (f) for any fiscal year for a 
        program of grants to early/middle college high school.
            ``(2) Eligible programs.--For purposes of this subsection, 
        an early/middle college high school is a school that is 
        designed to provide 9th through 12th grade low-income and 
        first-generation college students with a coherent course of 
        study enabling them to earn simultaneously a high school 
        diploma and college credit toward a postsecondary degree.
            ``(3) Requirements.--Except as provided in paragraph (4), 
        the programs provided funds under this subsection shall comply 
        with the requirements of subsections (b), (c), and (d) of this 
        section.
            ``(4) Exception.--Notwithstanding subsections (b)(1) and 
        (d)(3)--
                    ``(A) a student served in a program funded by a 
                grant under this subsection is not required to be 
                enrolled in a GEAR UP partnership or State program; and
                    ``(B) an entity applying for funding under this 
                subsection is not required to meet the requirements of 
                section 404A(c).
    ``(f) Authorization of Appropriations.--In addition to the sums 
authorized by section 404I, there are authorized to be appropriated to 
carry out this section $50,000,000 for fiscal year 2005 and such sums 
necessary for each of the 5 succeeding years.''.
    (b) Conforming Amendments.--Chapter 2 of part A of title IV is 
further amended by striking ``section 404H'' each place it appears and 
inserting ``section 404I''.

SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSISTANCE.

     Section 404H (20 U.S.C. 1070a-27), as redesignated by section 5(1) 
of this Act, is amended by adding at the end the following new 
subsection:
    ``(e) Technical Assistance.--In order to improve the impact of the 
activities assisted under this chapter, the Secretary shall, from not 
more than 0.75 percent of the funds appropriated under section 404I for 
a fiscal year, award one or more grants, contracts, or cooperative 
agreements to or with public and private institutions and 
organizations--
            ``(1) to enable the institutions and organizations to 
        strengthen and promote the success of such activities and 
        eligible entities;
            ``(2) to disseminate and replicate best practices of 
        activities assisted and eligible entities; and
            ``(3) to provide technical assistance regarding activities 
        and eligible entities assisted under this section.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

     Section 404I (20 U.S.C. 1070a-28), as redesignated by section 5(1) 
of this Act, is amended to read as follows:

``SEC. 404I. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this chapter 
$400,000,000 for fiscal year 2006 and such sums as may be necessary for 
each of the 5 succeeding fiscal years.''.
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