[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 627 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 627

To authorize the Secretary of Education to make grants to support early 
        college high schools and other dual enrollment programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2009

   Mr. Kohl introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Education to make grants to support early 
        college high schools and other dual enrollment programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fast Track to College Act of 2009''.

SEC. 2. PURPOSE.

    The purpose of this Act is to increase high school graduation rates 
and the percentage of students who complete a recognized postsecondary 
credential by the age of 26, including among low-income students and 
students from other populations underrepresented in higher education.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Dual enrollment program.--The term ``dual enrollment 
        program'' means an academic program through which a high school 
        student is able simultaneously to earn credit toward a high 
        school diploma and a postsecondary degree or certificate.
            (2) Early college high school.--The term ``early college 
        high school'' means a high school that provides a course of 
        study that enables a student to earn a high school diploma and 
        either an associate's degree or one to two years of college 
        credit toward a postsecondary degree or credential.
            (3) Educational service agency.--The term ``educational 
        service agency'' has the meaning given such term in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (4) Eligible entity.--The term ``eligible entity'' means a 
        local educational agency, which may be an educational service 
        agency, in a collaborative partnership with an institution of 
        higher education. Such partnership also may include other 
        entities, such as a nonprofit organization with experience in 
        youth development.
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965.
            (6) Local educational agency.--The term ``local educational 
        agency'' has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (8) Low-income student.--The term ``low-income student'' 
        means a student described in section 1113(a)(5) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6313(a)(5)).

SEC. 4. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

    (a) In General.--To carry out this Act, there are authorized to be 
appropriated $150,000,000 for fiscal year 2010 and such sums as may be 
necessary for each of fiscal years 2011 through 2015.
    (b) Early College High Schools.--The Secretary shall reserve not 
less than 45 percent of the funds appropriated under subsection (a) to 
support early college high schools under section 5.
    (c) Other Dual Enrollment Programs.--The Secretary shall reserve 
not less than 45 percent of such funds to support other dual enrollment 
programs under section 5.
    (d) State Grants.--The Secretary shall reserve 10 percent of such 
funds, or $10,000,000, whichever is less, for grants to States under 
section 9.

SEC. 5. AUTHORIZED PROGRAM.

    (a) In General.--The Secretary is authorized to award six-year 
grants to eligible entities seeking to establish a new, or support an 
existing, early college high school or other dual enrollment program.
    (b) Grant Amount.--The Secretary shall ensure that grants are of 
sufficient size to enable grantees to carry out all required activities 
and otherwise meet the purposes of this Act, except that a grant under 
this section may not exceed $2,000,000.
    (c) Matching Requirement.--
            (1) In general.--An eligible entity shall contribute 
        matching funds toward the costs of the early college high 
        school or other dual enrollment program to be supported under 
        this section, of which not less than half shall be from non-
        Federal sources, which funds shall represent not less than the 
        following:
                    (A) 20 percent of the grant amount received in each 
                of the first and second years of the grant.
                    (B) 30 percent in each of the third and fourth 
                years.
                    (C) 40 percent in the fifth year.
                    (D) 50 percent in the sixth year.
            (2) Determination of amount contributed.--The Secretary 
        shall allow an eligible entity to satisfy the requirement of 
        this subsection through in-kind contributions.
    (d) Supplement, Not Supplant.--An eligible entity shall use a grant 
received under this section only to supplement funds that would, in the 
absence of such grant, be made available from non-Federal funds for 
support of the activities described in the eligible entity's 
application under section 7, and not to supplant such funds.
    (e) Priority.--In awarding grants under this section, the Secretary 
shall give priority to applicants--
            (1) that propose to establish or support an early college 
        high school or other dual enrollment program that will serve a 
        student population of which 40 percent or more are students 
        counted under section 1113(a)(5) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)); and
            (2) from States that provide assistance to early college 
        high schools or other dual enrollment programs, such as 
        assistance to defray the costs of higher education, such as 
        tuition, fees, and textbooks.
    (f) Geographic Distribution.--The Secretary shall, to the maximum 
extent practicable, ensure that grantees are from a representative 
cross-section of urban, suburban, and rural areas.

SEC. 6. USES OF FUNDS.

    (a) Mandatory Activities.--An eligible entity shall use grant funds 
received under section 5 to support the activities described in its 
application under section 7, including the following:
            (1) Planning year.--In the case of a new early college high 
        school or other dual enrollment program, during the first year 
        of the grant--
                    (A) hiring a principal and staff, as appropriate;
                    (B) designing the curriculum and sequence of 
                courses in collaboration with, at a minimum, teachers 
                from the local educational agency and faculty from the 
                partner institution of higher education;
                    (C) informing parents and the community about the 
                school or program and opportunities to become actively 
                involved in the school or program;
                    (D) establishing a course articulation process for 
                defining and approving courses for high school and 
                college credit;
                    (E) outreach programs to ensure that middle and 
                high school students and their families are aware of 
                the school or program;
                    (F) liaison activities among partners in the 
                eligible entity; and
                    (G) coordinating secondary and postsecondary 
                support services, academic calendars, and 
                transportation.
            (2) Implementation period.--During the remainder of the 
        grant period--
                    (A) academic and social support services, including 
                counseling;
                    (B) liaison activities among partners in the 
                eligible entity;
                    (C) data collection and use of such data for 
                student and instructional improvement and program 
                evaluation;
                    (D) outreach programs to ensure that middle and 
                high school students and their families are aware of 
                the early college high school or other dual enrollment 
                program;
                    (E) professional development, including joint 
                professional development for secondary school personnel 
                and faculty from the institution of higher education; 
                and
                    (F) school or program design and planning team 
                activities, including curriculum development.
    (b) Allowable Activities.--An eligible entity may also use grant 
funds received under section 5 otherwise to support the activities 
described in its application under section 7, including--
            (1) purchasing textbooks and equipment that support the 
        curriculum of the early college high school or other dual 
        enrollment program;
            (2) developing learning opportunities for students that 
        complement classroom experiences, such as internships, career-
        based capstone projects, and opportunities to participate in 
        the activities provided under chapters 1 and 2 of subpart 2 of 
        part A of title IV of the Higher Education Act of 1965 (20 
        U.S.C. 1070a-11 et seq., 1070a-21 et seq.);
            (3) transportation; and
            (4) planning time for high school and college educators to 
        collaborate.

SEC. 7. APPLICATION.

    (a) In General.--To receive a grant under section 5, an eligible 
entity shall submit to the Secretary an application at such time, in 
such manner, and including such information as the Secretary determines 
to be appropriate.
    (b) Contents of Application.--At a minimum, the application 
described in subsection (a) shall include a description of--
            (1) the budget of the early college high school or other 
        dual enrollment program;
            (2) each partner in the eligible entity and its experience 
        with early college high schools or other dual enrollment 
        programs, key personnel from each partner and such personnel's 
        responsibilities for the school or program, and how the 
        eligible entity will work with secondary and postsecondary 
        teachers, other public and private entities, community-based 
        organizations, businesses, labor organizations, and parents to 
        ensure that students will be prepared to succeed in 
        postsecondary education and employment, which may include the 
        development of an advisory board;
            (3) how the eligible entity will target and recruit at-risk 
        youth, including those at risk of dropping out of school, first 
        generation college students, and students from populations 
        described in section 1111(b)(2)(C)(v)(II) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(2)(C)(v)(II));
            (4) a system of student supports, including small group 
        activities, tutoring, literacy and numeracy skill development 
        in all academic disciplines, parental and community outreach 
        and engagement, extended learning time, and college readiness 
        activities, such as early college academic seminars and 
        counseling;
            (5) in the case of an early college high school, how a 
        graduation and career plan will be developed, consistent with 
        State graduation requirements, for each student and reviewed 
        each semester;
            (6) how parents or guardians of students participating in 
        the early college high school or other dual enrollment program 
        will be informed of the students' academic performance and 
        progress and, subject to paragraph (5), involved in the 
        development of the students' career and graduation plans;
            (7) coordination between the institution of higher 
        education and the local educational agency, including regarding 
        academic calendars, provision of student services, curriculum 
        development, and professional development;
            (8) how the eligible entity will ensure that teachers in 
        the early college high school or other dual enrollment program 
        receive appropriate professional development and other 
        supports, including to enable the teachers to utilize effective 
        parent and community engagement strategies, and help English-
        language learners, students with disabilities, and students 
        from diverse cultural backgrounds to succeed;
            (9) learning opportunities for students that complement 
        classroom experiences, such as internships, career-based 
        capstone projects, and opportunities to participate in the 
        activities provided under chapters 1 and 2 of subpart 2 of part 
        A of title IV of the Higher Education Act of 1965 (20 U.S.C. 
        1070a-11 et seq., 1070a-21 et seq.);
            (10) how policies, agreements, and the courses in the 
        program will ensure that postsecondary credits earned will be 
        transferable to, at a minimum, public institutions of higher 
        education within the State, consistent with existing statewide 
        articulation agreements;
            (11) student assessments and other measurements of student 
        achievement, including benchmarks for student achievement;
            (12) outreach programs to provide elementary and secondary 
        school students, especially those in middle grades, and their 
        parents, teachers, school counselors, and principals 
        information about and academic preparation for the early 
        college high school or other dual enrollment program;
            (13) how the local educational agency and institution of 
        higher education will work together, as appropriate, to collect 
        and use data for student and instructional improvement and 
        program evaluation;
            (14) how the eligible entity will help students meet 
        eligibility criteria for postsecondary courses and ensure that 
        students understand how their credits will transfer; and
            (15) how the eligible entity will access and leverage 
        additional resources necessary to sustain the early college 
        high school or other dual enrollment program after the grant 
        expires, including by engaging businesses and non-profit 
        organizations.
    (c) Assurances.--An eligible entity's application under subsection 
(a) shall include assurances that--
            (1) in the case of an early college high school, the 
        majority of courses offered, including of postsecondary 
        courses, will be offered at facilities of the institution of 
        higher education;
            (2) students will not be required to pay tuition or fees 
        for postsecondary courses offered as part of the early college 
        high school or other dual enrollment program;
            (3) postsecondary credits earned will be transcribed upon 
        completion of the requisite coursework; and
            (4) faculty teaching such postsecondary courses meet the 
        normal standards for faculty established by the institution of 
        higher education.
    (d) Waiver.--The Secretary may waive the requirement of subsection 
(c)(1) upon a showing that it is impractical to apply due to geographic 
considerations.

SEC. 8. PEER REVIEW.

    (a) Peer Review of Applications.--The Secretary shall establish 
peer review panels to review applications submitted pursuant to section 
7 to advise the Secretary regarding such applications.
    (b) Composition of Peer Review Panels.--The Secretary shall ensure 
that each peer review panel is not comprised wholly of full-time 
officers or employees of the Federal Government and includes, at a 
minimum--
            (1) experts in the establishment and administration of 
        early college high schools or other dual enrollment programs 
        from the secondary and postsecondary perspective;
            (2) faculty at institutions of higher education and 
        secondary school teachers with expertise in dual enrollment; 
        and
            (3) experts in the education of at-risk students.

SEC. 9. GRANTS TO STATES.

    (a) In General.--The Secretary is authorized to award five-year 
grants to State agencies responsible for secondary or postsecondary 
education for efforts to support or establish early college high 
schools or other dual enrollment programs.
    (b) Grant Amount.--The Secretary shall ensure that grants are of 
sufficient size to enable grantees to carry out all required 
activities.
    (c) Matching Requirement.--A State shall contribute matching funds 
from non-Federal sources toward the costs of carrying out activities 
under this section, which funds shall represent not less than 50 
percent of the grant amount received in each year of the grant.
    (d) Priority.--In awarding grants under this section, the Secretary 
shall give priority to States that provide assistance to early college 
high schools or other dual enrollment programs, such as assistance to 
defray the costs of higher education, such as tuition, fees, and 
textbooks.
    (e) Application.--To receive a grant under this section, a State 
agency shall submit to the Secretary an application at such time, in 
such manner, and including such information as the Secretary determines 
to be appropriate.
    (f) Contents of Application.--At a minimum, the application 
described in subsection (e) shall include--
            (1) how the State will carry out all of the required State 
        activities described in subsection (g);
            (2) how the State will identify and eliminate barriers to 
        implementing effective early college high schools and other 
        dual enrollment programs after the grant expires, including by 
        engaging businesses and non-profit organizations;
            (3) how the State will access and leverage additional 
        resources necessary to sustain early college high schools or 
        other dual enrollment programs; and
            (4) such other information as the Secretary determines to 
        be appropriate.
    (g) State Activities.--A State receiving a grant under this section 
shall use such funds for--
            (1) creating outreach programs to ensure that middle and 
        high school students, their families, and community members are 
        aware of early college high schools and other dual enrollment 
        programs in the State;
            (2) planning and implementing a statewide strategy for 
        expanding access to early college high schools and other dual 
        enrollment programs for students who are underrepresented in 
        higher education to raise statewide rates of high school 
        graduation, college readiness, and completion of postsecondary 
        degrees and credentials, with a focus on at-risk students, 
        including identifying any obstacles to such a strategy under 
        State law or policy;
            (3) providing technical assistance to early college high 
        schools and other dual enrollment programs, such as brokering 
        relationships and agreements that forge a strong partnership 
        between elementary and secondary and postsecondary partners;
            (4) identifying policies that will improve the 
        effectiveness and ensure the quality of early college high 
        schools and other dual enrollment programs, such as access, 
        funding, data and quality assurance, governance, 
        accountability, and alignment policies;
            (5) planning and delivering statewide training and peer 
        learning opportunities for school leaders and teachers from 
        early college high schools and other dual enrollment programs, 
        which may include providing instructional coaches who offer on-
        site guidance;
            (6) disseminating best practices in early college high 
        schools and other dual enrollment programs from across the 
        State and from other States; and
            (7) facilitating Statewide data collection, research and 
        evaluation, and reporting to policymakers and other 
        stakeholders.

SEC. 10. REPORTING AND OVERSIGHT.

    (a) Reporting by Grantees.--
            (1) In general.--The Secretary shall establish uniform 
        guidelines for all grantees concerning information such 
        grantees annually shall report to the Secretary to demonstrate 
        a grantee's progress toward achieving the goals of this Act.
            (2) Contents of report.--At a minimum, a report submitted 
        under this subsection by an eligible entity receiving funds 
        under section 5 for an early college high school or other dual 
        enrollment program shall include the following information 
        about the students participating in the school or program, for 
        each category of students described in section 1111(h)(1)(C)(i) 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311(h)(1)(C)(i)):
                    (A) The number of students.
                    (B) The percentage of students scoring advanced, 
                proficient, basic, and below basic on the assessments 
                described in section 1111(b)(3) of the Elementary and 
                Secondary Education Act of 1965.
                    (C) The performance of students on other 
                assessments or measurements of achievement.
                    (D) The number of secondary school credits earned.
                    (E) The number of postsecondary credits earned.
                    (F) Attendance rate, as appropriate.
                    (G) Graduation rate.
                    (H) Placement in postsecondary education or 
                advanced training, in military service, and in 
                employment.
                    (I) A description of the school or program's 
                student, parent, and community outreach and engagement.
    (b) Reporting by Secretary.--The Secretary annually shall--
            (1) prepare a report that compiles and analyzes the 
        information described in subsection (a) and identifies the best 
        practices for achieving the goals of this Act; and
            (2) submit the report to the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Education and Labor of the House of Representatives.
    (c) Monitoring Visits.--The Secretary's designee shall visit each 
grantee at least once for the purpose of helping the grantee achieve 
the goals of this Act and to monitor the grantee's progress toward 
achieving such goals.
    (d) National Evaluation.--Not later than 6 months after the date on 
which funds are appropriated to carry out this Act, the Secretary shall 
enter into a contract with an independent organization to perform an 
evaluation of the grants awarded under this Act. Such evaluation shall 
apply rigorous procedures to obtain valid and reliable data concerning 
participants' outcomes by social and academic characteristics and 
monitor the progress of students from high school to and through 
postsecondary education.
    (e) Technical Assistance.--The Secretary shall provide technical 
assistance to eligible entities concerning best practices in early 
college high schools and other dual enrollment programs and shall 
disseminate such best practices among eligible entities and State and 
local educational agencies.

SEC. 11. RULES OF CONSTRUCTION.

    (a) Employees.--Nothing in this Act shall be construed to alter or 
otherwise affect the rights, remedies, and procedures afforded to the 
employees of local educational agencies (including schools) or 
institutions of higher education under Federal, State, or local laws 
(including applicable regulations or court orders) or under the terms 
of collective bargaining agreements, memoranda of understanding, or 
other agreements between such employees and their employers.
    (b) Graduation Rate.--A student who graduates from an early college 
high school supported under this Act in the standard number of years 
for graduation described in the eligible entity's application shall be 
considered to have graduated on time for purposes of section 
1111(b)(2)(C)(6) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311(b)(2)(C)(6)).
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