[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2961 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2961

To amend the Higher Education Act of 1965 to improve remedial education 
 programs that train students in the competencies needed to succeed in 
                           higher education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 2017

    Mr. Norcross (for himself, Mr. Moulton, Mr. Walz, Mr. Scott of 
Virginia, and Mrs. Davis of California) 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 to improve remedial education 
 programs that train students in the competencies needed to succeed in 
                           higher education.

    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 ``Remedial Education Improvement 
Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to--
            (1) improve remedial education and support students as they 
        move throughout credit and non-credit bearing course work and 
        complete postsecondary education;
            (2) provide funding to improve remedial education based on 
        5 models found to have success on a small scale;
            (3) through thorough collection of data, reports, and 
        evaluations, compare within and between models of remedial 
        education and their impact on postsecondary education 
        completion; and
            (4) develop strategies for replication of successful models 
        and improve sustainability of remedial education programs.

SEC. 3. REMEDIAL EDUCATION GRANTS.

    Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1088 et seq.) is amended by inserting after section 486A the following:

``SEC. 486B. REMEDIAL EDUCATION GRANTS.

    ``(a) Grants Authorized.--
            ``(1) In general.--From the funds appropriated under 
        subsection (i), the Secretary, in consultation with the 
        Director of the Institute of Education Sciences, shall award 
        grants, on a competitive basis, to eligible entities to improve 
        remedial education in higher education.
            ``(2) Duration.--A grant under this section shall be 
        awarded for a period of 5 years.
            ``(3) Minimum awards.--The total amount of funds provided 
        under a grant awarded under this section shall not be less than 
        $500,000.
    ``(b) Application.--An eligible entity that desires to receive a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information as 
the Secretary may require, which shall include the following:
            ``(1) A description of how the eligible entity will use the 
        grant funds to develop or improve a remedial education program 
        that includes evidence-based, effective strategies for 
        providing instruction to ensure that students are prepared for 
        courses at the postsecondary level.
            ``(2) An assurance that the eligible entity will use more 
        than 2 measures (such as a student's college entrance 
        examination score, grade point average, high school course 
        list, or a placement examination) to identify students in need 
        of remedial education who may be eligible to participate in the 
        remedial education program developed or improved under the 
        grant.
            ``(3) A description of how the eligible entity, in 
        developing or improving such a program, will consult with 
        stakeholders, including individuals with expertise in remedial 
        education, students enrolled in remedial education, and faculty 
        instructors for remedial education.
            ``(4) The eligible entity's plan for sustaining the program 
        after the grant period has ended.
            ``(5) The eligible entity's plan for monitoring and 
        evaluating the program, including how the eligible entity will 
        use the data collected under subsection (g) to continually 
        update and improve the program.
    ``(c) Use of Funds.--An eligible entity that receives a grant under 
this section shall use the grant to develop or improve a remedial 
education program through one or more of the following models:
            ``(1) Aligning course work.--Working with a local 
        educational agency or State educational agency that is part of 
        the eligible entity to develop or improve programs that provide 
        alignment between high school coursework and postsecondary 
        education, and that may include--
                    ``(A) assessments in high school to measure student 
                readiness for courses at the postsecondary level; or
                    ``(B) interventions in high school that improve 
                student competencies for courses at the postsecondary 
                level.
            ``(2) Accelerated course work.--Redesigning or improving 
        remedial education that--
                    ``(A) allows students to enroll in more than one 
                sequential remedial education course or training in a 
                semester, or the equivalent;
                    ``(B) condenses the time of the remedial education; 
                or
                    ``(C) provides shortened, intensive courses or 
                training to improve competencies of students for 
                courses at the postsecondary level.
            ``(3) Modular instructional methods.--Developing or 
        improving remedial education that--
                    ``(A) specifically targets the skills that students 
                need to move forward in courses at the postsecondary 
                level; and
                    ``(B) may be used to develop new assessments, 
                redesign courses to provide targeted skill instruction, 
                or provide faculty professional development.
            ``(4) Co-requisite model.--Developing or improving remedial 
        education programs that allow a student to enroll in remedial 
        education (which may be provided through a modular 
        instructional method) while also enrolled in a course at the 
        postsecondary level.
            ``(5) Systemic reform to implement comprehensive, 
        integrated support programs.--Implementing and improving 
        comprehensive, integrated, evidence-based support programs 
        that--
                    ``(A) enable students enrolled in remedial 
                education to reach completion and graduation at an 
                institution of higher education within 150 percent of 
                the normal time for completion of, or graduation from, 
                the program of study for which the students are 
                enrolled; and
                    ``(B) may include financial supports, academic 
                tutoring or support, and advising that enable students 
                to find success in remedial education and courses at 
                the postsecondary level.
    ``(d) Considerations.--In awarding grants under this section, the 
Secretary, in consultation with the Director of the Institute of 
Education Sciences, shall--
            ``(1) ensure--
                    ``(A) a minimum of 30 eligible entities are awarded 
                grants for each 5-year grant period;
                    ``(B) an equitable geographic distribution of such 
                grants, including an equitable distribution between 
                urban and rural areas; and
                    ``(C) that grants are used to develop or improve 
                remedial education programs--
                            ``(i) for a range of types and sizes of 
                        institutions of higher education; and
                            ``(ii) for each of the models described in 
                        subsection (c) to ensure statistical 
                        comparisons are possible within and among such 
                        models; and
            ``(2) give preference to eligible entities that primarily 
        serve low-income students.
    ``(e) Fiscal Requirements.--
            ``(1) Supplement not supplant.--A grant awarded under this 
        section shall be used to supplement, not supplant, funds that 
        would otherwise be used to carry out the activities described 
        in this section.
            ``(2) Matching funds.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                eligible entity that receives a grant under this 
                section shall provide, from non-Federal sources, an 
                amount equal to 10 percent of the amount of the grant 
                for the cost of activities assisted under the grant.
                    ``(B) Exceptions.--The requirements of subparagraph 
                (A) shall not apply to--
                            ``(i) Tribal Colleges or Universities; or
                            ``(ii) institutions of higher education 
                        located in the Commonwealth of Puerto Rico, 
                        Guam, American Samoa, the United States Virgin 
                        Islands, the Commonwealth of the Northern 
                        Mariana Islands, the Republic of the Marshall 
                        Islands, the Federated States of Micronesia, or 
                        the Republic of Palau.
    ``(f) Experimental Authority.--Notwithstanding any other provision 
of this title, a student may be eligible to receive loans or grants 
under this title for up to 2 academic years for enrollment in a 
remedial education program under this section.
    ``(g) Data Collection, Reports, Evaluations, and Dissemination.--
            ``(1) Information.--
                    ``(A) Student-level data.--Each eligible entity 
                that receives a grant under this section shall provide, 
                on an annual basis for each year of the grant period 
                and for 5 years after such grant period, to the 
                Director of the Institute of Education Sciences and the 
                Secretary, the student-level data with respect to the 
                students who are or were enrolled in a remedial 
                education program funded under the grant to enable the 
                Director, for each such year, to--
                            ``(i) determine the information described 
                        in subparagraph (B) with respect to each such 
                        remedial education program; and
                            ``(ii) submit to the authorizing 
                        committees, and make publicly available in an 
                        accessible format, such information.
                    ``(B) Aggregate student data.--The Director shall 
                determine, with respect to each remedial education 
                program for which an eligible entity provides student-
                level data under subparagraph (A), the following 
                information:
                            ``(i) The number of students who are or 
                        were enrolled in such a remedial education 
                        program.
                            ``(ii) The type of remedial education 
                        offered under the program.
                            ``(iii) The cost of such remedial education 
                        program.
                            ``(iv) The number of students who complete 
                        such remedial education program.
                            ``(v) The length of time students spend in 
                        such remedial education program, as measured by 
                        semester, trimester, or clock hours.
                            ``(vi) The length of time students who 
                        complete such remedial education program take 
                        to graduate with a recognized educational 
                        credential from an institution of higher 
                        education.
                            ``(vii) The number of students who enroll 
                        in postsecondary-level courses upon completing 
                        the remedial education program.
                            ``(viii) The number and percentage of such 
                        students who graduate, or are on track to 
                        graduate, from an institution of higher 
                        education within 150 percent of the normal time 
                        for completion of, or graduation from, the 
                        program of study for which the students are 
                        enrolled.
                            ``(ix) The amount of grant or loan funds 
                        under this title awarded to students for 
                        enrollment in such remedial education program.
                    ``(C) Disaggregation.--The information determined 
                under subparagraph (B) shall be disaggregated by race, 
                gender, socioeconomic status, Federal Pell Grant 
                eligibility status, status as a first-generation 
                college student, Veteran or active duty status, and 
                disability status.
            ``(2) Evaluation.--Not later than 6 years after the first 
        grant is awarded under this section, the Director, in 
        consultation with the Secretary and using the information 
        determined under paragraph (1), shall submit to the authorizing 
        committees and make publicly available in an accessible format, 
        the results of a multi-year, rigorous evaluation on the impact 
        of remedial education programs funded under this section that 
        shall include--
                    ``(A) the effectiveness of the remedial education 
                programs in providing the skills necessary for students 
                to advance through remedial education and complete 
                courses at the postsecondary level;
                    ``(B) the quality of outcomes of the remedial 
                education programs within and among models of remedial 
                education described in subsection (c);
                    ``(C) the sustainability and replicability of the 
                remedial education programs that demonstrate success, 
                as determined by the number and percentage of students 
                who graduate from an institution of higher education 
                within 150 percent of the normal time for completion 
                of, or graduation from, the program of study for which 
                the students are enrolled; and
                    ``(D) the effectiveness of the authority under 
                subsection (f) in assisting students who complete a 
                remedial education program funded under this section in 
                graduating from an institution of higher education 
                within 150 percent of the normal time for completion 
                of, or graduation from, the program of study for which 
                the students are enrolled.
            ``(3) Reports and dissemination.--
                    ``(A) Initial report.--Not later than 1 year after 
                the first grant is awarded under this section, the 
                Secretary shall prepare and submit to the authorizing 
                committees, and make available to the public in an 
                accessible format, a report on each remedial education 
                program funded under this section.
                    ``(B) Subsequent report.--Not later than 5 years 
                after the last grant is awarded under this section, the 
                Secretary shall prepare and submit to the authorizing 
                committees, and make available to the public in an 
                accessible format, a report that--
                            ``(i) reviews the activities and program 
                        performance of each remedial education program 
                        funded under this section; and
                            ``(ii) provides guidance and 
                        recommendations on how successful remedial 
                        education programs (as determined by the number 
                        and percentage of students who graduate from an 
                        institution of higher education within 150 
                        percent of the normal time for completion of, 
                        or graduation from, the program of study for 
                        which the students are enrolled) can be 
                        replicated.
    ``(h) Data Privacy.--
            ``(1) In general.--It shall be unlawful for any person who 
        obtains or has access to personally identifiable information in 
        connection with this section to willfully disclose to any 
        person (except as authorized in this Act or any Federal law) 
        such personally identifiable information.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined not more than $5,000, imprisoned not more than 5 
        years, or both, together with the costs of prosecution.
            ``(3) Employee or officer of the united states.--If a 
        violation of paragraph (1) is committed by any officer or 
        employee of the United States, the officer or employee shall be 
        dismissed from office or discharged from employment upon 
        conviction for the violation.
            ``(4) Sale of data prohibited.--Data collected under this 
        section shall not be sold to any third party by the Director, 
        any postsecondary institution, or any other entity.
            ``(5) Limitation on use by other federal agencies.--The 
        Director shall not allow any other Federal agency to use data 
        collected under this section for any purpose except as 
        explicitly authorized by this Act.
            ``(6) Law enforcement.--Personally identifiable information 
        collected under this section shall not be used for any law 
        enforcement activity or any other activity that would result in 
        adverse action against any student, including debt collection 
        activity or enforcement of the immigration laws.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $162,500,000 for fiscal years 
2018 through 2022.
    ``(j) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Institute of Education Sciences.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) an institution of higher education; or
                    ``(B) a partnership between an institution of 
                higher education and at least one of the following:
                            ``(i) A local educational agency.
                            ``(ii) A State educational agency.
            ``(3) First-generation college student.--The term `first-
        generation college student' has the meaning given the term in 
        section 402A(h).
            ``(4) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101.
            ``(5) Remedial education.--The term `remedial education'--
                    ``(A) means education (such as courses or training) 
                offered at an institution of higher education that--
                            ``(i) is below the postsecondary level; and
                            ``(ii) is determined by the institution to 
                        be necessary to help students be prepared for 
                        the pursuit of a first undergraduate 
                        baccalaureate degree or certificate or, in the 
                        case of courses in English language 
                        instruction, to be necessary to enable the 
                        student to utilize already existing knowledge, 
                        training, or skills; and
                    ``(B) includes developmental education that meets 
                the requirements of subparagraph (A).
            ``(6) Tribal college or university.--The term `Tribal 
        College or University' has the meaning given the term in 
        section 316.''.

SEC. 4. EXCEPTION TO STUDENT UNIT RECORD BAN.

    Section 134(b) of the Higher Education Act of 1965 (20 U.S.C. 
1015c(b)) is amended--
            (1) by striking the following:
            ``(1) is necessary''; and inserting the following:
            ``(1)(A) is necessary'';
            (2) by striking the following:
            ``(2) was in''; and inserting the following:
            ``(B) was in'';
            (3) by striking the period at the end and inserting ``; 
        or''; and
            (4) by adding at the end the following:
            ``(2) is necessary for the operation of section 486B.''.
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