[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1516 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1516

  To amend the Higher Education Act of 1965 to strengthen the future 
 workforce and reduce the cost of postsecondary education by reducing 
                  rates of postsecondary remediation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2019

 Mr. Jones (for himself, Ms. Klobuchar, and Ms. Hassan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Higher Education Act of 1965 to strengthen the future 
 workforce and reduce the cost of postsecondary education by reducing 
                  rates of postsecondary remediation.

    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 ``Promoting Readiness in Education to 
Prevent Additional Remediation and Expense Act''.

SEC. 2. REDUCING RATES OF POSTSECONDARY REMEDIATION.

    (a) In General.--Part A of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1070 et seq.) is amended--
            (1) by redesignating subparts 4, 5, 6, and 7, as subparts 
        5, 6, 7, and 8, respectively;
            (2) by inserting after subpart 3 the following:

        ``Subpart 4--Reducing Rates of Postsecondary Remediation

``SEC. 414A. PURPOSE.

    ``The purpose of this subpart is to strengthen the future workforce 
and reduce the cost of postsecondary education by reducing rates of 
postsecondary remediation and increasing postsecondary completion 
rates.

``SEC. 414B. DEFINITIONS.

    ``In this subpart:
            ``(1) Advanced coursework.--The term `advanced coursework' 
        means coursework designed for students to earn postsecondary 
        credit upon its successful completion while still in high 
        school, such as Advanced Placement, International 
        Baccalaureate, dual or concurrent enrollment programs, and 
        early college high school programs.
            ``(2) Co-requisite courses.--The term `co-requisite 
        courses' means courses designed for college students in need of 
        remediation that combines credit-bearing college-level 
        coursework with supplemental instruction.
            ``(3) Dual or concurrent enrollment program.--The term 
        `dual or concurrent enrollment program' has the meaning given 
        the term in section 8101 of the Elementary and Secondary 
        Education Act of 1965.
            ``(4) Early college high school.--The term `early college 
        high school' has the meaning given the term in section 8101 of 
        the Elementary and Secondary Education Act of 1965.
            ``(5) Eligible entity.--The term `eligible entity' means a 
        partnership that--
                    ``(A) shall include--
                            ``(i) 1 local educational agency; and
                            ``(ii) an institution of higher education 
                        or higher education system, operating in the 
                        same State as the local educational agency; and
                    ``(B) may include--
                            ``(i) a consortium of entities described in 
                        clauses (i) and (ii) of subparagraph (A);
                            ``(ii) a State educational agency;
                            ``(iii) a State higher education agency; or
                            ``(iv) a nonprofit or community-based 
                        organization, business, or public or private 
                        entity with a demonstrated record of success in 
                        implementing activities under this subpart.
            ``(6) Evidence-based.--The term `evidence-based' has the 
        meaning given the term in section 8101 of the Elementary and 
        Secondary Education Act of 1965.
            ``(7) First generation college student.--The term `first 
        generation college student' means--
                    ``(A) an individual both of whose parents did not 
                complete a baccalaureate degree; or
                    ``(B) in the case of any individual who regularly 
                resided with and received support from only 1 parent, 
                an individual whose only such parent did not complete a 
                baccalaureate degree.
            ``(8) High-need high school.--The term `high-need high 
        school' means a secondary school that meets any of the 
        following:
                    ``(A) Serves students not less than 50 percent of 
                whom are students who meet either of the following:
                            ``(i) Meet a measure of poverty as 
                        described in section 1113(a)(5) of the 
                        Elementary and Secondary Education Act of 1965.
                            ``(ii) Are students described in any of the 
                        following subclauses:
                                    ``(I) Racial or ethnic groups that 
                                are historically underserved.
                                    ``(II) Children with disabilities, 
                                as defined in section 602 of the 
                                Individuals with Disabilities Education 
                                Act.
                                    ``(III) English learners, as 
                                defined in section 8101 of the 
                                Elementary and Secondary Education Act 
                                of 1965.
                                    ``(IV) Migratory children, as 
                                defined in section 1309 of the 
                                Elementary and Secondary Education Act 
                                of 1965.
                                    ``(V) Homeless children and youths.
                                    ``(VI) Students who are in foster 
                                care or are aging out of the foster 
                                care system.
                                    ``(VII) Students with a parent who 
                                is a member of the Armed Forces (as 
                                defined in section 101(a)(4) of title 
                                10, United States Code) on active duty 
                                (as defined in section 101(d) of such 
                                title).
                    ``(B) Is identified for comprehensive support and 
                improvement under section 1111(c)(4)(D)(i) of the 
                Elementary and Secondary Education Act of 1965.
                    ``(C) Is implementing a targeted support and 
                improvement plan as described in section 1111(d)(2) of 
                the Elementary and Secondary Education Act of 1965.
            ``(9) High-need institution of higher education.--The term 
        `high-need institution of higher education' means an 
        institution of higher education with respect to which not less 
        than 50 percent of the undergraduate students enrolled in an 
        academic program leading to a degree are described in any of 
        the following subparagraphs:
                    ``(A) Are eligible to receive a Federal Pell Grant 
                under subpart 1.
                    ``(B) Come from families that--
                            ``(i) received benefits under a means-
                        tested Federal benefit program while the 
                        student was enrolled in high school; or
                            ``(ii) receive benefits under a means-
                        tested Federal benefit program while the 
                        student is enrolled in an undergraduate 
                        academic program leading to a degree.
                    ``(C) Attended a public or nonprofit private 
                secondary school, in which the enrollment of children 
                counted under a measure of poverty described in section 
                1113(a)(5) of the Elementary and Secondary Education 
                Act of 1965 exceeds 40 percent of the total enrollment 
                of such school.
                    ``(D) Are first generation college students.
            ``(10) High-need local educational agency.--The term `high-
        need local educational agency' means a local educational 
        agency--
                    ``(A) that serves not fewer than 10,000 children 
                from families with incomes below the poverty line;
                    ``(B) for which not less than 20 percent of the 
                children served by the agency are from families with 
                incomes below the poverty line; or
                    ``(C) that is in the highest quartile of local 
                educational agencies in the State, based on student 
                poverty.
            ``(11) High school.--The term `high school' has the meaning 
        given the term in section 8101 of the Elementary and Secondary 
        Education Act of 1965.
            ``(12) Historically underrepresented student.--The term 
        `historically underrepresented student'--
                    ``(A) means a student, or a prospective student, at 
                an institution of higher education who is at risk of 
                educational failure or otherwise in need of special 
                assistance and support; and
                    ``(B) may include an adult learner, working 
                student, part-time student, student from a low-income 
                background, student of color, Native youth, single 
                parent (including a single pregnant woman), student who 
                is a homeless child or youth, youth who is in, or has 
                aged out of, the foster care system, first-generation 
                college student, and student with a disability.
            ``(13) Homeless children and youths.--The term `homeless 
        children and youths' has the meaning given the term in section 
        725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11434a).
            ``(14) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101(a).
            ``(15) Low-income individual.--The term `low-income 
        individual' means an individual from a family whose taxable 
        income for the preceding year did not exceed 150 percent of an 
        amount equal to the poverty level determined by using criteria 
        of poverty established by the Bureau of the Census.
            ``(16) Means-tested federal benefit program.--The term 
        `means-tested Federal benefit program' means a program of the 
        Federal Government, other than a program under this title, in 
        which eligibility for the program's benefits or the amount of 
        such benefits is determined on the basis of income or resources 
        of the individual or family seeking the benefit.
            ``(17) Middle grades.--The term `middle grades' has the 
        meaning given the term in section 8101 of the Elementary and 
        Secondary Education Act of 1965.
            ``(18) Minority-serving institution.--The term `minority-
        serving institution' means an institution described in section 
        371(a).
            ``(19) Outlying area.--The term `outlying area' means the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            ``(20) Regular high school diploma.--The term `regular high 
        school diploma' has the meaning given the term in section 8101 
        of the Elementary and Secondary Education Act of 1965.
            ``(21) Self-regulated learning.--The term `self-regulated 
        learning' means learning through teaching students about how 
        they learn and which study strategies are most effective for 
        the individual student.
            ``(22) State.--The term `State' means each of the 50 
        States, the District of Columbia, and the Commonwealth of 
        Puerto Rico.
            ``(23) Subgroup of students.--The term `subgroup of 
        students' means--
                    ``(A) economically disadvantaged students;
                    ``(B) students from each major racial and ethnic 
                group;
                    ``(C) children with disabilities, as defined in 
                section 602 of the Individuals with Disabilities 
                Education Act;
                    ``(D) English learners, as defined in section 8101 
                of the Elementary and Secondary Education Act of 1965;
                    ``(E) students disaggregated by gender;
                    ``(F) migratory children, as defined in section 
                1309 of the Elementary and Secondary Education Act of 
                1965;
                    ``(G) homeless children and youths;
                    ``(H) students who are in foster care or are aging 
                out of the foster care system; and
                    ``(I) students with a parent who is a member of the 
                Armed Forces (as defined in section 101(a)(4) of title 
                10, United States Code) on active duty (as defined in 
                section 101(d) of such title).
            ``(24) Summer bridge program.--The term `summer bridge 
        program' means a pre-college program focused on preparing high 
        school students academically and otherwise to attend and 
        succeed in postsecondary education.

``SEC. 414C. FORMULA GRANTS TO STATES.

    ``(a) Reservations.--From the total amount appropriated under 
section 414I for a fiscal year, the Secretary shall reserve--
            ``(1) one-half of 1 percent for allotments for payments to 
        the outlying areas, to be distributed among those outlying 
        areas on the basis of their relative need, as determined by the 
        Secretary, in accordance with the purpose of this subpart;
            ``(2) one-half of 1 percent for the Secretary of the 
        Interior for programs under this subpart in schools operated or 
        funded by the Bureau of Indian Education;
            ``(3) 2 percent for technical assistance dissemination, 
        which may include--
                    ``(A) providing, directly or through grants, 
                contracts, or cooperative agreements, technical 
                assistance by qualified experts on using practices 
                grounded in evidence to improve the outcomes of 
                programs funded under this subpart; and
                    ``(B) disseminating information on practices that 
                evidence indicates are successful in improving the 
                quality of remedial education at the postsecondary 
                level; and
            ``(4) 2 percent to conduct the evaluation described in 
        section 414F.
    ``(b) State Allotments.--
            ``(1) Grants.--The Secretary shall award grants to States 
        under this section from allotments made under paragraph (2).
            ``(2) Allotment.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                subsection (c), from the amount appropriated to carry 
                out this subpart for a fiscal year that remains after 
                the Secretary makes the reservations under subsection 
                (a), the Secretary shall allot to each State having a 
                plan approved under subsection (d), an amount that 
                bears the same relationship to the remainder as the 
                amount the State received under subpart 2 of part A of 
                title I of the Elementary and Secondary Education Act 
                of 1965 for the preceding fiscal year bears to the 
                amount all States received under subpart 2 of part A of 
                title I of the Elementary and Secondary Education Act 
                of 1965 for the preceding fiscal year.
                    ``(B) Small state minimum.--No State receiving an 
                allotment under this paragraph for a fiscal year shall 
                receive less than one-half of 1 percent of the total 
                amount allotted under this paragraph for the fiscal 
                year.
            ``(3) Reallotment.--If a State does not receive an 
        allotment under this subpart for a fiscal year, the Secretary 
        shall reallot the amount of the State's allotment to the 
        remaining States in accordance with this subsection.
    ``(c) Competition.--If the total amount appropriated under section 
414I for a fiscal year is less than $100,000,000, the Secretary shall 
award grants under this section to States on a competitive basis.
    ``(d) State Plan.--
            ``(1) In general.--In order to receive an allotment under 
        this section for any fiscal year, the Governor of a State shall 
        submit a plan to the Secretary, at such time, in such manner, 
        and containing such information as the Secretary may reasonably 
        require.
            ``(2) Contents.--Each plan submitted by a Governor under 
        this section shall include the following:
                    ``(A) A description of how the State will use funds 
                received under this section for State-level activities.
                    ``(B) A description of the State agency that will 
                be responsible for overseeing the implementation of 
                funds received under this section.
                    ``(C) A description of the statewide strategy to 
                reduce rates of postsecondary remediation and increase 
                rates of first-year postsecondary credit accumulation.
                    ``(D) A description of how the State will engage 
                and collaborate with the members of the State 
                legislature and State board of education (if the State 
                has a State board of education), State higher education 
                governing or coordinating entity (if the State has such 
                an entity), State educational agency, State entity that 
                coordinates early-childhood, elementary, secondary, and 
                postsecondary education (if the State has such an 
                entity), local educational agencies (including those 
                located in rural areas), representatives of Indian 
                Tribes located in the State, charter school leaders (if 
                the State has charter schools), civil rights 
                organizations in the State, teachers, principals, and 
                other school leaders, parents, and students in the 
                fulfillment of activities described in subparagraph 
                (E).
                    ``(E) A description of how the State will complete, 
                not later than 3 years after the date of the initial 
                receipt of funds under this section, activities to 
                reduce rates of postsecondary remediation, which shall 
                include--
                            ``(i) updating the State's requirements for 
                        a student to receive a regular high school 
                        diploma to align with the challenging State 
                        academic standards and entrance requirements 
                        for credit-bearing coursework as described in 
                        section 1111(b)(1)(D) of the Elementary and 
                        Secondary Education Act of 1965, which may 
                        include alignment with entrance requirements 
                        for credit-bearing coursework at the State's 
                        system of 4-year institutions of higher 
                        education;
                            ``(ii) verification of the alignment 
                        described in clause (i) that is signified by 
                        the signature of the Governor of the State, 
                        chief State school officer, and State higher 
                        education executive officer;
                            ``(iii) incorporating as school quality and 
                        student success indicators into the State 
                        system of annual meaningful differentiation, as 
                        described under section 1111(c)(4)(B)(v)(I) of 
                        the Elementary and Secondary Education Act of 
                        1965--
                                    ``(I) rates of enrollment, 
                                remediation, and first-year credit-
                                bearing course attainment in programs 
                                of public postsecondary education in 
                                the State;
                                    ``(II) to the extent practicable, 
                                rates of enrollment, and remediation, 
                                and first-year credit-bearing course 
                                attainment in programs of private 
                                postsecondary education in the State or 
                                programs of postsecondary education 
                                outside of the State; and
                                    ``(III) indicators regarding 
                                student access to and completion of 
                                advanced coursework, dual or concurrent 
                                enrollment programs, and early college 
                                high school programs;
                            ``(iv) developing a formal, universal 
                        statewide articulation agreement among all 
                        public institutions of higher education or 
                        systems in the State, in which all local 
                        educational agencies served by the State may 
                        participate, and in which all local educational 
                        agencies that are included in an eligible 
                        entity shall participate, that guarantees 
                        that--
                                    ``(I) students who earn 
                                postsecondary credit as part of a dual 
                                or concurrent enrollment program, early 
                                college high school, dual credit 
                                program, articulated credit program, or 
                                credit granted on the basis of 
                                performance on technical or academic 
                                assessments, be able to transfer such 
                                credit to--
                                            ``(aa) any public 
                                        institution of higher education 
                                        in the State, and that such 
                                        credits will count toward 
                                        meeting specific degree or 
                                        certificate requirements; and
                                            ``(bb) any private 
                                        nonprofit institution of higher 
                                        education that chooses to 
                                        participate in the articulation 
                                        agreement;
                                    ``(II) all relevant credits are 
                                recognized throughout the public system 
                                of higher education in the State and 
                                count as credits earned for both a 
                                regular high school diploma and credit 
                                for a degree or certificate program at 
                                a public institution of higher 
                                education in the State and at any 
                                private nonprofit institution of higher 
                                education that chooses to participate; 
                                and
                                    ``(III) if a student earns an 
                                associate's degree as part of a dual or 
                                concurrent enrollment program or early 
                                college high school, that associate's 
                                degree, awarded by the participating 
                                institution of higher education in the 
                                State, shall be fully acceptable in 
                                transfer and credited as the first 2 
                                years of a related baccalaureate 
                                program at a public institution of 
                                higher education in such State;
                            ``(v) developing statewide standards for 
                        placement in remedial coursework based on 
                        multiple indicators, which may include grade 
                        point average, high school courses completed, 
                        and performance assessments;
                            ``(vi) developing statewide standards for 
                        the receipt of postsecondary credit based on 
                        performance on Advanced Placement and 
                        International Baccalaureate exams from public 
                        higher education systems in the State; and
                            ``(vii) developing a formal, universal 
                        statewide articulation agreement among all 
                        public institutions of higher education in the 
                        State to facilitate the seamless transfer of 
                        credit among such institutions of higher 
                        education, including between 2- and 4-year 
                        public institutions of higher education and 
                        private nonprofit institutions of higher 
                        education if such private nonprofit 
                        institutions of higher education choose to 
                        participate, which may include--
                                    ``(I) common course numbering;
                                    ``(II) a general education core 
                                curriculum; and
                                    ``(III) management systems 
                                regarding course equivalency, transfer 
                                of credit, and articulation.
                    ``(F) Assurances that the State will--
                            ``(i) review existing resources and 
                        programs across the State and will coordinate 
                        any new plans and resources under this subpart 
                        with such existing resources and programs; and
                            ``(ii) monitor the implementation of 
                        activities under this subpart and provide 
                        technical assistance to eligible entities in 
                        carrying out such activities.
    ``(e) Reporting.--Each State receiving a grant under this section 
shall submit to the Secretary, at the end of each grant period, a 
report that includes information about the number and amount of 
subgrants provided to eligible entities, and any other information as 
the Secretary may reasonably require, including the impact of policies 
and services provided under this subpart, disaggregated by each group 
identified under subgroup of students, on the number and percentage of 
students entering, persisting, and completing postsecondary education, 
including the number and percentage of students with respect to each of 
the following:
            ``(1) Who enroll in remedial coursework.
            ``(2) Who enroll in and complete remedial coursework.
            ``(3) Who enroll in and complete remedial coursework and 
        successfully complete first-year credit-bearing coursework not 
        later than 16 months after the date of enrollment in an 
        institution of higher education.
    ``(f) Rule of Construction.--Nothing in this subpart shall be 
construed to authorize or permit the Secretary when promulgating any 
rule or regulation, to promulgate any rule or regulation on the 
development or implementation of the challenging State academic 
standards adopted by a State pursuant to the Elementary and Secondary 
Education Act of 1965 or the requirements for a regular high school 
diploma that would--
            ``(1) add new requirements that are inconsistent with or 
        outside the scope of this section;
            ``(2) add new criteria that are inconsistent with or 
        outside the scope of this section; or
            ``(3) be in excess of statutory authority granted to the 
        Secretary.
    ``(g) Exception.--A State shall be ineligible to receive an 
allotment under this section if the State received an allotment under 
this section for 3 fiscal years and has not completed the activities 
described in subsection (d)(2)(E).

``SEC. 414D. STATE USE OF FUNDS.

    ``(a) In General.--Each State that receives an allotment under 
section 414C for a fiscal year shall--
            ``(1) reserve not less than 80 percent of the allotment to 
        make subgrants to eligible entities under section 414E; and
            ``(2) use the amount made available to the State and not 
        reserved under paragraph (1) for activities described in 
        subsection (b).
    ``(b) State Activities.--Each State that receives an allotment 
under section 414C shall use the funds available under subsection 
(a)(2) for activities and programs designed to meet the purpose of this 
subpart, which may include--
            ``(1) providing monitoring of, and training, technical 
        assistance, and capacity building to, eligible entities that 
        receive subgrants under section 414E;
            ``(2) identifying and eliminating State barriers to the 
        coordination and integration of programs, initiatives, and 
        funding streams that meet the purpose of this subpart, so that 
        eligible entities can best coordinate with State higher 
        education systems and other agencies, schools, and community-
        based services and programs;
            ``(3) supporting the completion of activities described in 
        section 414C(d)(2)(E); and
            ``(4) supporting eligible entities in providing programs 
        and activities that reduce rates of postsecondary remediation 
        and increase rates of first-year postsecondary credit 
        accumulation, which may include developing a State strategy to 
        pay for advanced coursework opportunities for students 
        attending a high-need high school.

``SEC. 414E. COMPETITIVE SUBGRANTS TO ELIGIBLE ENTITIES.

    ``(a) Subgrants.--
            ``(1) In general.--From the funds reserved by a State under 
        section 414D(a)(1), the State shall award subgrants, on a 
        competitive basis, to eligible entities to reduce rates of 
        postsecondary remediation.
            ``(2) Administrative costs.--An eligible entity that 
        receives a subgrant under this section may reserve not more 
        than 2 percent of the subgrant funds for the direct 
        administrative costs of carrying out the eligible entity's 
        responsibilities under this section.
            ``(3) Duration of awards; renewability.--A subgrant awarded 
        under this section shall be awarded for a period of not less 
        than 3 years and not more than 5 years. A State may renew a 
        subgrant provided under this section to an eligible entity, 
        based on the eligible entity's performance during the preceding 
        subgrant period.
            ``(4) Matching requirement.--Each eligible entity awarded a 
        subgrant under this section shall provide, from non-Federal 
        sources, an amount (which may be provided in cash or in-kind) 
        to carry out the activities supported by the subgrant--
                    ``(A) in year 1 of the subgrant, equal to 10 
                percent of the amount of the subgrant;
                    ``(B) in year 2 of the subgrant, equal to 20 
                percent of the amount of the subgrant;
                    ``(C) in year 3 of the subgrant, equal to 30 
                percent of the amount of the subgrant;
                    ``(D) in year 4 of the subgrant, equal to 40 
                percent of the amount of the subgrant; and
                    ``(E) in year 5 of the subgrant, equal to 50 
                percent of the amount of the subgrant.
            ``(5) Waiver.--The Governor of the State or the Secretary 
        may waive the matching requirement described under paragraph 
        (4) based on a determination that the eligible entity is unable 
        to provide the matching funds due to inadequate financial 
        resources.
    ``(b) Application.--
            ``(1) In general.--To be eligible to receive a subgrant 
        under this section, an eligible entity shall submit an 
        application to the State at such time, in such manner, and 
        containing such information as the State may reasonably 
        require.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                    ``(A) a description of the partners that comprise 
                the eligible entity; and
                    ``(B) a description of the activities and 
                programming that the eligible entity will carry out 
                under this subpart, including a description of--
                            ``(i) how the eligible entity will identify 
                        students to be served;
                            ``(ii) how the eligible entity will 
                        disseminate information to all students and 
                        particularly subgroups of students, students 
                        who would be first-generation college students, 
                        and, as applicable, other historically 
                        underrepresented students served by the 
                        eligible entity, including their parents, about 
                        the opportunity to participate in activities 
                        implemented under this subpart;
                            ``(iii) how funds will be used for 
                        activities related to improving high school 
                        education to prevent the need for remedial 
                        education under subsection (e); and
                            ``(iv) how funds will be used for 
                        activities related to strengthening remedial 
                        education at the postsecondary level under 
                        subsection (f).
    ``(c) Priority.--In awarding subgrants under this section, a State 
shall give priority to applications that--
            ``(1) are submitted by an eligible entity that includes--
                    ``(A) a high-need local educational agency;
                    ``(B) a local educational agency that serves a 
                high-need high school;
                    ``(C) a high-need institution of higher education; 
                or
                    ``(D) a minority-serving institution;
            ``(2) include an approach to strengthening remedial 
        education at the postsecondary level that includes co-requisite 
        courses described under subsection (f) and not fewer than 2 
        activities described in clauses (ii) through (vii) of 
        subsection (f)(1)(B); and
            ``(3) include an approach to improving high school 
        education to prevent the need for remedial education that 
        includes a sequence of advanced coursework that results in a 
        recognized postsecondary credential, as defined in section 3 of 
        the Workforce Innovation and Opportunity Act.
    ``(d) Geographic Diversity.--To the extent practicable, a State 
shall distribute subgrant funds under this section equitably among 
geographic areas within the State, including urban and rural 
communities.
    ``(e) Activities To Improve High School Education To Prevent the 
Need for Remedial Education.--Each eligible entity that receives a 
subgrant under this section shall use a portion of such subgrant funds 
to develop and implement programs and activities that improve high 
school education to prevent the need for remedial education at the 
postsecondary education level and that--
            ``(1) are coordinated with other similar community- and 
        school-based services and programs;
            ``(2) identify high school students on track to require 
        postsecondary remediation, such as by using evidence-based 
        early assessment programs or evidence-based early warning 
        indicator systems; and
            ``(3) shall include programs and activities, which may 
        include--
                    ``(A) advanced coursework;
                    ``(B) summer bridge programs;
                    ``(C) enhanced advising or counseling activities, 
                such as providing course-taking and financial aid 
                guidance as early as the middle grades;
                    ``(D) additional support for students with 
                disabilities, English learners, students who are in 
                foster care or are aging out of the foster care system, 
                and homeless children and youths; and
                    ``(E) other evidence-based services as described by 
                the eligible entity.
    ``(f) Activities To Strengthen Remedial Education at the 
Postsecondary Level.--
            ``(1) In general.--Each eligible entity that receives a 
        subgrant under this section shall use a portion of such 
        subgrant funds to develop and implement programs and activities 
        that strengthen remedial education at the postsecondary level 
        and that--
                    ``(A) are coordinated with other similar community-
                based services and programs; and
                    ``(B) shall include programs and activities, which 
                may include--
                            ``(i) co-requisite courses;
                            ``(ii) technology-enhanced diagnostics and 
                        delivery of remedial education;
                            ``(iii) faculty development to ensure 
                        effective instruction;
                            ``(iv) practices to teach self-regulated 
                        learning and college success skills;
                            ``(v) enhanced advising or counseling 
                        activities;
                            ``(vi) additional supports for students 
                        with disabilities, English learners, students 
                        who are in foster care or are aging out of the 
                        foster care system, and homeless students; and
                            ``(vii) other evidence-based services as 
                        described by the eligible entity.
            ``(2) Special rule.--An eligible entity that receives a 
        subgrant under this section shall not use the subgrant funds 
        solely for activities described under paragraph (1)(B)(ii).
    ``(g) Reporting.--Each eligible entity receiving a subgrant under 
this section shall submit to the State and the Secretary, at the end of 
each subgrant period, a report that includes information about the 
activities carried out with the subgrant funds. Such report shall 
include any other information as the Secretary may reasonably require, 
including the impact of policies and services provided under this 
subpart, disaggregated by each group identified under subgroup of 
students, on the number and percentage of students entering, 
persisting, and completing postsecondary education, including the 
number and percentage of students with respect to each of the 
following:
            ``(1) Who enroll in remedial coursework.
            ``(2) Who enroll in and complete remedial coursework.
            ``(3) Who enroll in and complete remedial coursework and 
        successfully complete first-year credit-bearing coursework not 
        later than 16 months after the date of enrollment in an 
        institution of higher education.

``SEC. 414F. EVALUATION.

    ``The Secretary, in partnership with the Director of the Institute 
of Education Sciences, shall contract with a third-party to conduct an 
independent evaluation not later than September 30, 2026, and preceded 
by interim reports, of the policies and services provided under this 
subpart, disaggregated by each group identified under subgroup of 
students, including the impact of such policies and services on the 
number and percentage of students entering, persisting, and completing 
postsecondary education, including the number and percentage of 
students with respect to each of the following:
            ``(1) Who enroll in remedial coursework.
            ``(2) Who enroll in and complete remedial coursework.
            ``(3) Who enroll in and complete remedial coursework and 
        successfully complete first-year credit-bearing coursework not 
        later than 16 months after the date of enrollment in an 
        institution of higher education.

``SEC. 414G. SUPPLEMENT, NOT SUPPLANT.

    ``Funds made available under this subpart shall be used to 
supplement, and not supplant, non-Federal funds that would otherwise be 
used for activities authorized under this subpart.

``SEC. 414H. MAINTENANCE OF EFFORT.

    ``(a) Maintenance of Effort Required.--A State that receives 
assistance under this subpart shall provide--
            ``(1) for public institutions of higher education in such 
        State for any academic year beginning on or after July 1, 2020, 
        an amount that is equal to or greater than the average amount 
        provided for non-capital and non-direct research and 
        development expenses or costs by such State to such 
        institutions of higher education during the 5 most recent 
        preceding academic years for which satisfactory data are 
        available; and
            ``(2) for private institutions of higher education in such 
        State for any academic year beginning on or after July 1, 2020, 
        an amount that is equal to or greater than the average amount 
        provided for student financial aid for paying costs associated 
        with postsecondary education by such State to such institutions 
        during the 5 most recent preceding academic years for which 
        satisfactory data are available.
    ``(b) Adjustments for Biennial Appropriations.--The Secretary shall 
take into consideration any adjustments to the calculations under 
subsection (a) that may be required to accurately reflect funding 
levels for postsecondary education in States with biennial 
appropriation cycles.
    ``(c) Waiver.--The Secretary may waive the requirements of 
subsection (a) for not more than 2 consecutive years, if the Secretary 
determines that such a waiver would be equitable due to exceptional or 
uncontrollable circumstances, such as a natural disaster or a 
precipitous and unforseen decline in the financial resources of a State 
or State educational agency, as appropriate.
    ``(d) Violation of Maintenance of Effort.--Notwithstanding any 
other provision of law, the Secretary shall withhold from any State 
that violates subsection (a) and does not receive a waiver pursuant to 
subsection (c) any amount that would otherwise be available to the 
State under this subpart until such State has made significant efforts 
to correct such violation, as determined by the Secretary.

``SEC. 414I. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
such sums as may be necessary for fiscal year 2020 and each of the 5 
succeeding fiscal years.''.
    (b) Conforming Amendments.--Title IV of the Higher Education Act of 
1965 (20 U.S.C. 1070 et seq.) is amended--
            (1) in section 404A(c)(2)(B), by striking ``subpart 4'' and 
        inserting ``subpart 5'';
            (2) in section 404D(e), by striking ``subpart 4'' and 
        inserting ``subpart 5'';
            (3) in section 480(f)--
                    (A) in paragraph (2), by striking ``subpart 4'' and 
                inserting ``subpart 5''; and
                    (B) in paragraph (4), by striking ``subpart 4'' and 
                inserting ``subpart 5'';
            (4) in section 483(a)--
                    (A) in paragraph (1), by striking ``subpart 4'' and 
                inserting ``subpart 5''; and
                    (B) in paragraph (6), by striking ``subpart 4'' and 
                inserting ``subpart 5''; and
            (5) in section 487--
                    (A) in subsection (a), by striking ``subpart 4'' 
                and inserting ``subpart 5''; and
                    (B) in subsection (d)(1)(F), by striking ``subpart 
                4'' and inserting ``subpart 5''.
                                 <all>