[Congressional Record Volume 155, Number 47 (Wednesday, March 18, 2009)]
[Senate]
[Pages S3370-S3373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL:
  S. 627. A bill to authorize the Secretary of Education to make grants 
to support early college high schools and other dual enrollment 
programs; to the Committee on Health, Education, Labor, and Pensions.
  Mr. KOHL. Mr. President, today I am doing my part to end the growing 
crisis of high school dropouts. I am introducing the Fast Track to 
College Act, a bill to increase high school graduation rates and 
improve access to college through the expansion of dual enrollment 
programs and Early College High Schools. Such programs allow young 
people to earn up to two years of college credit, including an 
Associate's degree, while also earning their high school diploma.
  As our country struggles with an economic recession, I believe we 
must continue to invest in our public schools. While we must carefully 
consider how taxpayer dollars are spent during these trying times, 
education is one of the wisest investments we can make, and it is an 
investment that must be made now, before our children fall farther 
behind.
  Education provides an outstanding return on investment for taxpayers, 
and it builds the foundation for future economic growth. Young people 
who drop out of high school are at increased risk for unemployment and 
incarceration, and they are more likely to depend on public assistance 
for healthcare, housing, and other basic needs. Conversely, adults with 
a bachelor's degree will earn two-thirds more than a high school 
graduate over the course of their working lives, and they are much less 
likely to experience unemployment or rely on social programs.
  Our Nation's future depends on how we respond to the growing crisis 
in our schools, especially the rising number of high school dropouts. 
This generation of Americans is the first in history to be less likely 
to graduate from high school than their parents, and the U.S. is the 
only industrialized Nation where that is the case. This is not a 
sustainable trend if we hope to remain powerful and prosperous. Recent 
reports have illustrated the enormous challenge: the national 
graduation rate is only 70 percent, and is significantly lower in many 
large urban school districts. For example, my home state of Wisconsin 
has a relatively high graduation rate of 86 percent, but that rate 
drops to only 46 percent in the urban schools in Milwaukee. Such an 
achievement gap cannot continue.
  As we work to reauthorize the No Child Left Behind Act, we must find 
solutions to the growing dropout crisis and provide opportunities for 
young people to pursue higher education. More funding is not the only 
answer for the problems in our schools--we must also reform our whole 
approach to education. We must ensure that young people are being 
equipped with the skills they need to compete in a 21st century 
economy. In particular, we can no longer view a high school diploma as 
a satisfactory goal for students. In today's world, students need at 
least two years of college or technical education in order to secure a 
well-paying job and provide for themselves and their families.
  That is why I ask my colleagues to support this bill, which provides 
competitive grant funding for Early College High Schools and other dual 
enrollment programs that allow low-income students to earn college 
credit and a high school diploma at the same time. These programs put 
students on the fast track to college and increase the odds that they 
will not only graduate, but go on to continue their education and 
secure higher-paying jobs. The Gates Foundation has been funding 
evaluations of such programs for several years now, and they have shown 
incredible promise as a tool for increasing attendance, graduation, and 
college enrollment rates, particularly among low-income high school 
students. Students are motivated by a challenging curriculum and the 
tangible rewards of achievement, including free college credit and 
exposure to career opportunities. This free college credit is 
critically important, especially in this economy, as family savings 
dwindle and tuition costs continue

[[Page S3371]]

to rise. Dual enrollment programs can provide just enough costs savings 
to make college affordable, especially for low and middle-income 
families who might think it is out of their reach.
  Specifically, this bill authorizes $140,000,000 for competitive 6-
year grants to schools, with priority given to schools that serve low-
income students. The funding will help defray the costs of implementing 
new programs, strengthening existing programs, and providing students 
and teachers with the resources they need to succeed in early college 
high schools and other dual enrollment programs. The bill also includes 
$10 million for states to provide support for these programs, as well 
as an evaluation component so we can measure the program's 
effectiveness.
  I am proud to sponsor this legislation because I believe this 
investment in our schools will help solve the dropout crisis and secure 
America's future by ensuring that all young people can compete in 
today's global economy. Further, I believe that all children, 
regardless of income or other factors, deserve equal opportunities to 
fulfill their potential, and it is both morally and fiscally 
responsible for this Congress to invest in high-quality educational 
programs that help them reach that potential.
  While our country faces unprecedented challenges at this moment in 
history, I believe we also face incredible opportunities to shape our 
future. I look forward to working with my colleagues in the Congress to 
reinvest in a world-class education system that will move our country 
forward into the 21st century.
  I urge my colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 627

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. PURPOSE.

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

     SEC. 3. DEFINITIONS.

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

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

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

     SEC. 5. AUTHORIZED PROGRAM.

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

     SEC. 6. USES OF FUNDS.

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

[[Page S3372]]

       (2) developing learning opportunities for students that 
     complement classroom experiences, such as internships, 
     career-based capstone projects, and opportunities to 
     participate in the activities provided under chapters 1 and 2 
     of subpart 2 of part A of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070a-11 et seq., 1070a-21 et seq.);
       (3) transportation; and
       (4) planning time for high school and college educators to 
     collaborate.

     SEC. 7. APPLICATION.

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

     SEC. 8. PEER REVIEW.

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

     SEC. 9. GRANTS TO STATES.

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

     SEC. 10. REPORTING AND OVERSIGHT.

       (a) Reporting by Grantees.--
       (1) In general.--The Secretary shall establish uniform 
     guidelines for all grantees concerning information such 
     grantees annually

[[Page S3373]]

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

     SEC. 11. RULES OF CONSTRUCTION.

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