II 111th CONGRESS 1st Session S. 1460 IN THE SENATE OF THE UNITED STATES July 16, 2009 Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title VII of the Higher Education Act of 1965 to provide for college retention challenge grants.

1.

Short title

This Act may be cited as the Building Student Success Act of 2009.

2.

Findings

Congress finds that— (1)the overwhelming majority of new jobs created by the United States economy will require at least some college; (2)the United States has slipped from number 1 in the world in the percentage of workers with college degrees; (3)in order to restore the United States standing with respect to the percentage of workers with college degrees, it will be necessary to increase the percentage of 25- to 34-year-olds attaining college degrees from 40 percent to 60 percent; (4)there is a national imperative to ensure that a greater number of citizens attain postsecondary degrees and credentials; (5)community colleges enroll more than 46 percent of all the students in American higher education taking credit-bearing courses; (6)community colleges enroll disproportionate percentages of low-income individuals, first generation college students, and underrepresented racial and ethnic minorities; (7)the graduation and completion rates of community colleges can be substantially improved from current rates; (8)community colleges receive far fewer resources per student than other types of institutions of higher education; and (9)the Federal Government has an interest in ensuring that community colleges receive greater support to help students complete their programs and achieve their personal goals.

3.

College retention challenge grants

Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following: F

College retention challenge grants

791.

College retention challenge grants

(a)

Establishment of grant program to states

(1)

In general

(A)

Award

From amounts appropriated under subsection (d), the Secretary shall award grants, from allotments under paragraph (2), to States to pay the Federal share of the costs of carrying out the activities described in paragraph (4). (B)

Grant terms

Grants awarded under this paragraph shall be for a period of 5 years. (C)

Definitions

In this section: (i)

Community college

The term community college means a public institution of higher education whose highest degree offered is predominantly an associate's degree. (ii)

Open enrollment institution

The term open enrollment institution means a community college or an institution of higher education that has an admission policy whereby the college or institution will accept any student who applies for admission. (2)

Allotments

(A)

In general

Subject to subparagraph (B), in making grant payments to grantees under this subsection, the allotment to each grantee for a fiscal year shall be equal to the sum of— (i)the amount that bears the same relation to 50 percent of the amount appropriated under subsection (d) for such fiscal year as the number of residents in the State aged 15 through 44 who are living below the poverty line applicable to the individual's family size (as determined under section 673(2) of the Community Service Block Grant Act) bears to the total number of such residents in all States; and (ii)the amount that bears the same relation to 50 percent of the amount appropriated under subsection (d) for such fiscal year as the number of residents in the State who are enrolled in open enrollment institutions bears to the total number of such residents in all States. (B)

Minimum allotment

The allotment for each State under this section for a fiscal year shall not be an amount that is less than 0.5 percent of the total amount appropriated under subsection (d) for such fiscal year. (C)

Administrative expenses

A State may not use more than 5 percent if its allotment for administrative expenses. (3)

Application

A State that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the following: (A)A list of the open enrollment institutions in the State and the number of students enrolled in such institutions. (B)A description of any data systems and performance accountability systems that the State uses to monitor its institutions of higher education. (C)A description of any existing statewide initiatives to improve retention and completion rates at institutions of higher education in the State. (D)An assurance that the State will disseminate the findings and best practices from the activities funded under the grant. (E)An assurance that the State will— (i)review its policies and programs with respect to access, retention, and completion based on the outcomes of activities funded under the grant; and (ii)develop or revise policies to support institutional success improvements. (F)A description of how the State will provide or coordinate the provision of the non-Federal share from State resources or private contributions. (G)A description of the selection criteria for participating institutions, including how such criteria will ensure— (i)to the extent practicable, an equitable geographic distribution of participating institutions within the State; and (ii)that resources are targeted to the institutions that serve high percentages or numbers of students from groups underrepresented in higher education or students with the greatest financial need. (4)

State activities

A State that receives a grant under this subsection shall carry out the following: (A)

Grant or contract to nonprofit or public entity

The State shall award a grant or contract to a nonprofit or public entity that has expertise in improving student outcomes in higher education, data management and analysis in higher education, and providing technical assistance to institutions of higher education for systemic reform to carry out a comprehensive program to improve college retention and completion at selected open enrollment institutions. (B)

Evaluation grant

The State shall award a grant or contract for a rigorous, external evaluation of activities funded under the grant awarded under this subsection. (C)

Report

The State shall report annually to the Secretary on the implementation of the grant awarded under this subsection, including information on student outcomes at participating campuses. (5)

Additional permissible State activity

A State that receives a grant under this subsection may collaborate with other States— (A)to share data and best practices; and (B)to develop common approaches to improving student retention and completion. (6)

Federal share

(A)

Federal share; non-Federal share

(i)

Federal share

The amount of the Federal share under this subsection for a fiscal year shall be equal to 2/3 of the costs of the activities described in paragraph (4) that are carried out under the grant. (ii)

Non-federal share

The amount of the non-Federal share under this subsection shall be equal to 1/3 of the costs of the activities described in paragraph (4). The non-Federal share may be in cash or in-kind, and may be provided from State resources, contributions from private organizations, or both. (B)

Reduction for failure to pay non-Federal share

If a State fails to provide the full non-Federal share required under this subsection, the Secretary shall reduce the amount of the grant payment under this subsection proportionately. (C)

Waiver

The Secretary may waive or reduce the amount of the non-Federal share for a State— (i)experiencing extreme economic distress; or (ii)recovering from a declared natural disaster. (7)

Temporary ineligibility for subsequent payments

The Secretary may determine a grantee to be temporarily ineligible to receive a grant payment under this subsection if— (A)the grantee fails to submit an annual report as required under paragraph (4)(C); or (B)the Secretary determines, based on information in the annual report, that the grantee is not meeting the conditions of the grant or the goals of the application. (b)

Program To improve college retention and completion

(1)

In general

A nonprofit or public entity awarded a grant or contract under subsection (a)(4)(A) shall carry out each of the following: (A)Issue a competition for open enrollment institutions to participate in the program described in subsection (c). (B)Coordinate activities with the participating open enrollment institutions. (C)Manage data, technical assistance, professional development in cooperation with participating open enrollment institutions. (D)Provide expertise in the review and interpretation of data. (E)Facilitate the development of the improvement strategies. (F)Facilitate the development of policies and practices to sustain proven strategies. (G)Provide for institutional experimentation with innovative practices in improving student retention and completion. (H)Establish and maintain a web portal for sharing findings, best practices, and data among participating open enrollment institutions and to deliver professional development and technical assistance to participating open enrollment institutions. (2)

Distribution of funds

A nonprofit or public entity awarded a grant or contract under subsection (a)(4)(A)— (A)may expend not more than 20 percent of the grant or contract funds on the activities described in paragraph (1); and (B)shall— (i)expend the funds remaining after carrying out subparagraph (A) on the activities described in subsection (c)(2); and (ii)ensure that funds made available to participating campuses are of sufficient size and scope to carry out the activities described in subsection (c)(2). (c)

Campus participation

(1)

Open enrollment institution participation

An open enrollment institution that desires to participate in the program described in paragraph (2) shall submit an application to the nonprofit or public entity that shall include the following: (A)An assurance to maintain its open admission policies. (B)An assurance that the institution’s board of trustees is fully supportive of the institution's student success plan. (C)A description of the core team of institutional leaders who will lead the campus process for improvement of student retention and completion. Such team, at minimum, shall include the college president, the institutional research or institutional effectiveness officer (if the institution has such a position), the chief academic officer, the chief student services officer, and representatives of the faculty responsible for programs and curricula in key areas such as developmental education, mathematics, and English. (D)A description of the data team that will conduct in-depth examinations of data on student outcomes disaggregated by race, ethnicity, gender, socioeconomic status, and disability status. Such team, may include the institutional research director, the senior planning administrator, information technology specialists, faculty, and student services staff. (E)A description of any existing institution-wide efforts to improve retention and completion. (F)A description of the institution’s current capacity to— (i)use data to devise strategies, monitor progress, and evaluate outcomes; (ii)develop strategies to close any identified performance gaps among students; (iii)involve faculty, students, staff, and communities in the development and implementation of the strategies to improve outcomes; (iv)report data and outcomes to the public and to the campus community; and (v)form partnerships with the community, local businesses, and others. (G)Data on student enrollment dis­ag­gre­ga­ted by full-time/part-time status, race, ethnicity, gender, and any available data related to socioeconomic status and disability status. (H)Data on student success, including any available data on the performance indicators described in paragraph (3). (2)

Activities

The program under this paragraph shall include the open enrollment institution working with the nonprofit or public entity to undertake a comprehensive program of institutional improvement to increase retention and completion, which shall include the following: (A)Using data to devise strategies, monitor progress, and evaluate outcomes. (B)Developing strategies to close identified performance gaps among students. (C)Involving faculty, students, staff, and communities in the development and implementation of the strategies to improve outcomes. (D)Reporting data and outcomes to the public and to the campus community. (E)Forming partnerships with the community, local businesses, and others. (F)Institutionalizing effective policies and practices to sustain improvements in retention and completion. (3)

Performance indicators

In evaluating the outcome of the activities described in paragraph (2), an open enrollment institution participating in such program shall determine whether the program increased the percentage of students who— (A)complete developmental courses and move on to credit-bearing courses; (B)enroll in and complete gatekeeper courses such as introductory mathematics and English; (C)satisfactorily complete the courses in which they enroll; (D)re-enroll from 1 semester to the next and from year to year; (E)earn certificates and degrees; and (F)transfer to 4-year or other institutions of higher education. (4)

Collection and reporting of data

An open enrollment institution participating in the program described in paragraph (2) shall collect and report data disaggregated by full-time/part-time, race, ethnicity, gender, socioeconomic status, and disability status. (d)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $500,000,000 for fiscal year 2010 and each of the 4 succeeding fiscal years.

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