[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3950 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3950

To amend the Higher Education Act of 1965 to establish a grant program 
 for the improvement of remedial education programs at institutions of 
               higher education, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2019

Mr. Norcross (for himself, Mr. Moulton, Mr. Kim, Mr. Cox of California, 
and Ms. Craig) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Higher Education Act of 1965 to establish a grant program 
 for the improvement of remedial education programs at institutions of 
               higher education, and for other purposes.

    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 
        five models found to have success on a small scale;
            (3) through collection of data, reports, and evaluations, 
        compare within and between models of remedial education and the 
        impact of such models on postsecondary education completion; 
        and
            (4) develop strategies to replicate successful models and 
        improve the 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 (k) (and not reserved under subsection (c)(4)), 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 each 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 two 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 (h) to continually 
        update and improve the program.
    ``(c) Consultation and Independent Evaluation.--
            ``(1) In general.--Before selecting eligible entities to 
        receive grants under this section for a fiscal year, the 
        Secretary shall--
                    ``(A) ensure that the consultation required under 
                paragraph (3) is carried out; and
                    ``(B) consider the results of the consultation in 
                selecting eligible entities to receive such grants.
            ``(2) Contract authority.--The Secretary, acting through 
        the Director, shall seek to enter into a contract with an 
        independent evaluator under which the evaluator will provide 
        the consultation and evaluation required under paragraph (3).
            ``(3) Consultation and independent evaluation required.--
        The independent evaluator shall carry out the following 
        activities:
                    ``(A) Consultation.--For each fiscal year of the 
                grant program under this section, the independent 
                evaluator shall consult with, and provide advice to, 
                the Secretary regarding which eligible entities should 
                receive grants under this section for such fiscal year.
                    ``(B) Evaluation.--Throughout the duration of the 
                grant program under this section, the independent 
                evaluator shall independently evaluate the impact of 
                the remedial education programs funded with the grants, 
                which shall include evaluation of--
                            ``(i) the effectiveness of the remedial 
                        education programs in increasing course and 
                        degree completion at the postsecondary level; 
                        and
                            ``(ii) the outcomes of the remedial 
                        education programs within and among models of 
                        remedial education described in subsection (d).
            ``(4) Reservation.--The Secretary may reserve not more than 
        15 percent of the funds appropriated under subsection (k) for a 
        fiscal year to carry out this subsection for such fiscal year.
    ``(d) 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 complete a course of study leading to a 
                recognized educational credential within 150 percent of 
                the normal time for completion; 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.
    ``(e) Considerations.--In awarding grants under this section, the 
Secretary, in consultation with the Director, 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) under each model described in 
                        subsection (d) to enable, to the extent 
                        practicable, statistical comparisons of the 
                        relative effectiveness of the models and the 
                        programs within each model; and
                            ``(ii) for a range of types and sizes of 
                        institutions of higher education; and
            ``(2) give preference to eligible entities that primarily 
        serve low-income students.
    ``(f) 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.
    ``(g) 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.
    ``(h) Data Collection, Reports, Evaluations, and Dissemination.--
            ``(1) Information.--
                    ``(A) Student-level data.--Each eligible entity 
                that receives a grant under this section shall provide 
                to the Director and the Secretary, on an annual basis 
                for each year of the grant period and for 5 years after 
                such grant period, the student-level data with respect 
                to the students who are or were enrolled in a remedial 
                education program funded with the grant. The Director 
                and the Secretary shall share such data with the 
                independent evaluator to enable the evaluator, for each 
                such year, to determine the information described in 
                subparagraph (B) with respect to each such remedial 
                education program.
                    ``(B) Aggregate student data.--The independent 
                evaluator 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 remedial education 
                        program.
                            ``(ii) The cost of such remedial education 
                        program.
                            ``(iii) The amount of grant or loan funds 
                        under this title awarded to students for 
                        enrollment in such remedial education program.
                            ``(iv) The type of remedial education 
                        offered under the program.
                            ``(v) The length of time students spend in 
                        such remedial education program, as measured by 
                        semester, trimester, or clock hours.
                            ``(vi) The number of students who complete 
                        such remedial education program.
                            ``(vii) Of the students who complete such 
                        remedial education program--
                                    ``(I) the number and percentage of 
                                such students who later enroll in 
                                postsecondary-level courses at an 
                                institution of higher education;
                                    ``(II) the number and percentage of 
                                such students who receive a recognized 
                                educational credential from an 
                                institution of higher education;
                                    ``(III) the average length of time 
                                required for a student described in 
                                subclause (II) to complete the course 
                                of study leading to such credential; 
                                and
                                    ``(IV) the number and percentage of 
                                students described in subclause (II) 
                                who complete the course of study 
                                leading to such credential within 150 
                                percent of the normal time for 
                                completion.
                    ``(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 results.--Not later than six 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 available on a publicly accessible website, 
        a report on the results of the multiyear, rigorous, and 
        independent evaluation of the impact of the remedial education 
        programs carried out by the independent evaluator. The report 
        shall include the results of such evaluation with respect to--
                    ``(A) the effectiveness of the remedial education 
                programs in increasing course and degree completion at 
                the postsecondary level; and
                    ``(B) the outcomes of the remedial education 
                programs within and among models of remedial education 
                described in subsection (d).
            ``(3) Reports and dissemination.--
                    ``(A) Initial report.--Not later than one year 
                after the first grant is awarded under this section, 
                the Secretary, in consultation with the independent 
                evaluator, shall prepare and submit to the authorizing 
                committees a report on each remedial education program 
                funded under this section.
                    ``(B) Subsequent report.--Not later than five years 
                after the last grant is awarded under this section, the 
                Secretary, in consultation with the independent 
                evaluator, shall prepare and submit to the authorizing 
                committees a report that includes--
                            ``(i) a review of the activities and 
                        program performance of each remedial education 
                        program funded under this section; and
                            ``(ii) guidance and recommendations on how 
                        successful remedial education programs (as 
                        determined, at a minimum, by the number and 
                        percentage of remedial education students who 
                        later complete a course of study at an 
                        institution of higher education within 150 
                        percent of the normal time for completion) can 
                        be replicated.
                    ``(C) Public availability.--The reports submitted 
                under subparagraphs (A) and (B) shall be made available 
                on a publicly accessible website of the Department of 
                Education.
    ``(i) 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 for 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.
    ``(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 1 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 that term in 
        section 402A(h).
            ``(4) Independent evaluator.--The term `independent 
        evaluator' means the independent evaluator with which the 
        Secretary enters into a contract under subsection (c)(2).
            ``(5) Institution of higher education.--The term 
        `institution of higher education' has the meaning given that 
        term in section 101.
            ``(6) 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, associate's 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).
            ``(7) Tribal college or university.--The term `Tribal 
        College or University' has the meaning given that term in 
        section 316(b).
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $162,500,000 for fiscal year 
2020 and each of the 5 succeeding fiscal years.''.

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 ``(1) is necessary'' and inserting ``(1)(A) 
        is necessary'';
            (2) by striking ``(2) was in'' and inserting ``(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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