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EIU Office of General Counsel

VICE PRESIDENT FOR STUDENT AFFAIRS

Higher Education Opportunity Act

Section

Section Title

Purpose


430
Areas of national need, Loan forgiveness for service. ``(a) Program Authorized.--
      ``(1) Loan forgiveness authorized.--The Secretary shall forgive, in accordance with this section, the qualified loan amount described in subsection (c) of the student loan  obligation of a borrower who--
               ``(A) is employed full-time in an area of national need, as described in subsection (b); and
               ``(B) is not in default on a loan for which the borrower seeks forgiveness.
      ``(2) Method of loan forgiveness.--To provide loan forgiveness under paragraph (1), the Secretary is authorized to carry out a program--
               ``(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under this part (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a))); and
                ``(B) to cancel a qualified loan amount for a loan made under part D of this title (other than an excepted PLUS loan or an excepted consolidation loan).
         ``(3) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out this section."

707
Center for best practices 
to support single parent 
students
Section 741 (20 U.S.C. 1138) is further amended by adding at the end the following:
``(c) Center for Best Practices To Support Single Parent Students.--
       ``(1) Program authorized.--The Secretary is authorized to award one grant or contract to an institution of higher education to enable such institution to establish and maintain a center to study and develop best practices for institutions of higher education to support single parents who are also students attending such institutions.
       ``(2) Institution requirements.--The Secretary shall award the grant or contract under this subsection to a four- year institution of higher education that has demonstrated expertise in the development of programs to assist single parents who are students at institutions of higher education, as shown by the institution's development of a variety of targeted services to such students, including on-campus housing, child  care, counseling, advising, internship opportunities, financial aid, and financial aid counseling and assistance.
       ``(3) Center activities.--The center funded under this section shall--
               ``(A) assist institutions implementing innovative  programs that support single parents pursuing higher education;
               ``(B) study and develop an evaluation protocol for  such programs that includes quantitative and qualitative methodologies;
               ``(C) provide appropriate technical assistance regarding the replication, evaluation, and continuous improvement of such programs; and
               ``(D) develop and disseminate best practices for such programs.''

488
Criminal Offenses Reported (e) Criminal Offenses Reported.--Section 485(f) (20 U.S.C. 1092(f)) is amended--  
(1) in paragraph (1)--
      (B) in subparagraph (C), by striking clauses (i) and  (ii) and inserting the following:
         ``(i) the law enforcement authority of campus security personnel;
        ``(ii) the working relationship of campus security personnel with State and local law enforcement agencies, including whether the institution has agreements with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal offenses; and
         ``(iii) policies which encourage accurate and prompt reporting of all crimes to the campus police and the appropriate law enforcement agencies.''
      (D) by adding at the end the following new subparagraph:
         ``(J) A statement of current campus policies regarding immediate emergency response and evacuation procedures, including the use of electronic and cellular communication (if appropriate), which policies shall include procedures to--
              ``(i) immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus, as defined in  paragraph (6), unless issuing a notification will compromise efforts to contain the emergency;
             ``(ii) publicize emergency response and evacuation procedures on an annual basis in a manner designed to reach students and staff; and
             ``(iii) test emergency response and evacuation procedures on an annual basis.''

109
Diploma mills 20) Diploma mill.--The term `diploma mill' means an entity that--
   ``(A)(i) offers, for a fee, degrees, diplomas, or certificates, that may be used to represent to the  general public that the individual possessing such a degree, diploma, or certificate has completed a program  of postsecondary education or training; and
       ``(ii) requires such individual to complete little or no education or coursework to obtain such degree, diploma, or certificate; and
   ``(B) lacks accreditation by an accrediting agency or association that is recognized as an accrediting agency or association of institutions of higher education."

107
Drug and alcohol abuse prevention Section 120 (20 U.S.C. 1011i) is amended--
   (1) in subsection (a)(2)--    
      (C) by inserting after subparagraph (A) the following:
          ``(B) determine the number of drug and alcohol-related violations and fatalities that-- 
             ``(i) occur on the institution's campus (as defined in section 485(f)(6)), or as part of any  of the institution's activities; and
``(ii) are reported to campus officials;
          ``(C) determine the number and type of sanctions described in paragraph (1)(E) that are imposed by the  institution as a result of drug and alcohol-related  violations and fatalities on the institution's campus or as part of any of the institution's activities;"

403
Federal TRIO Programs (3) New paragraph (b):
    ``(b) Required Services.--A project assisted under this section shall provide--
         ``(1) academic tutoring, directly or through other services  provided by the institution, to enable students to complete postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;
         ``(2) advice and assistance in postsecondary course selection;
         ``(3)(A) information on both the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and
              ``(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a);
          "(4) education or counseling services designed to improve  the financial literacy and economic literacy of students, including financial planning for postsecondary education;
         ``(5) activities designed to assist students participating in the project in applying for admission to, and obtaining financial assistance for enrollment in, graduate and professional programs; and
         ``(6) activities designed to assist students enrolled in two-year institutions of higher education in applying for admission to, and obtaining financial assistance for enrollment in, a four-year program of postsecondary education."

483
Financial Aid: Early Application 
Demonstration Program
 ``(e) Early Application and Estimated Award Demonstration Program.--
``(2) Program authorized.-- Not later than two years after the date of enactment of the Higher Education Opportunity Act, the Secretary shall implement an early application demonstration program enabling dependent students who wish to participate in the program--
             ``(A) to complete an application under this subsection during the academic year that is two years prior to the year such students plan to enroll in an  institution of higher education; and
             ``(B) based on the application described in subparagraph (A), to obtain, not later than one year prior to the year of the students' planned enrollment, information on eligibility for Federal Pell Grants, Federal student loans under this title, and State and institutional financial aid for the student's first year of enrollment in the institution of higher education."

490
Financial Aid: Early awareness 
of financial aid eligibilty
Part G of title IV (20 U.S.C. 1088 et seq.) is amended by inserting after section 485D (20 U.S.C. 1092c) the following:
``SEC. 485E. 
    ``(a) In General.--The Secretary shall implement, in cooperation with States, institutions of higher education, secondary schools, early intervention and outreach programs under this title, other agencies and organizations involved in student financial assistance and college access, public libraries, community centers, employers, and businesses, a comprehensive system of early financial aid information in order to provide students and families with early information about financial aid and early estimates of such students' eligibility for financial aid from multiple sources. Such system shall include the activities described in subsection (b).
    ``(b) Communication of Availability of Aid and Aid Eligibility.--
            ``(1) Students who receive benefits.--The Secretary shall--
                 ``(A) make special efforts to notify students who receive or are eligible to receive benefits under a Federal means-tested benefit program (including the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), or another such benefit program as determined by the Secretary, of such students'  potential eligibility for a maximum Federal Pell Grant under subpart 1 of part A; and
                 ``(B) disseminate such informational materials, that are part of the system described in subsection (a), as the Secretary determines necessary.
            ``(2) Secondary school students.-- The Secretary, in cooperation with States, institutions of higher education, other organizations involved in college access and student financial aid, secondary schools, and programs under this title that serve secondary school students, shall make special efforts to notify students in secondary school and their families, as early as possible but  not later than such students' junior year of secondary school, of the availability of financial aid under this title and shall provide nonbinding estimates of the amounts of grant and loan aid that an individual may be eligible for under this title upon completion of an application form under section 483(a). The Secretary shall ensure that such information is as accurate as  possible and that such information is provided in an age-appropriate format using dissemination mechanisms suitable for students in secondary school.
            ``(3) Adult learners.--The Secretary, in cooperation with States, institutions of higher education, other organizations  involved in college access and student financial aid, employers, workforce investment boards, and public libraries, shall make special efforts to provide individuals who would qualify as independent students, as defined in section 480(d), with information regarding the availability of financial aid under this title and with nonbinding estimates of the amounts of grant and loan aid that an individual may be eligible for under this  title upon completion of an application form under section 483(a)."

483
Financial Aid: EZ FAFSA           ``(B) EZ FAFSA.--                ``(i) In general.--The Secretary shall develop  and use, after appropriate field testing, a simplified paper form, to be known as the EZ FAFSA, to be used for applicants meeting the requirements of subsection (b) or (c) of section 479.
                ``(ii) Reduced data requirements.--The EZ FAFSA shall permit an applicant to submit, for financial assistance purposes, only the data elements required to make a determination of  whether the applicant meets the requirements under subsection (b) or (c) of section 479.
                ``(iii) State data.--The Secretary shall include on the EZ FAFSA such data items as may be  necessary to award State financial assistance, as provided under paragraph (5), except that the Secretary shall not include a State's data if that State does not permit the State's resident applicants to use the  EZ FAFSA for State assistance.
               ``(iv) Free availability and processing.-- The provisions of paragraph (6) shall apply to the EZ FAFSA, and the data collected by means of the EZ FAFSA shall be available to institutions of higher education, guaranty agencies, and States in accordance with paragraph (10).
          ``(C) Promoting the use of electronic FAFSA.--
                ``(i) In general.--The Secretary shall make all efforts to encourage all applicants to utilize the electronic version of the forms described in paragraph (3).
``(3) Electronic format.--
         ``(A) In general.--The Secretary shall produce, distribute, and process forms in electronic format to meet the requirements of paragraph (1). The Secretary shall develop an electronic version of the forms for applicants who do not meet the requirements of subsection (b) or (c) of section 479.
           `(B) Simplified applications: fafsa on the web."

1123
Financial Aid: Feasibility study 
for student loan 
clearinghouse.
(a) In General.-- Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study of the feasibility of developing a national student loan clearinghouse on the website of the Department of Education that would provide for one or more of the following:
        (1) A registry of real-time information on Federal student loans (including loans under parts B and D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 1087a  et seq.) and private education loans (as defined in section 140 of the Truth in Lending Act)), for both undergraduate and graduate students, and parents of students, for use by prospective borrowers or any person desiring information  regarding available interest rates, fees, and other terms from lenders.
        (2) A mechanism whereby prospective borrowers could be matched with lenders that offer highly competitive products and loan servicing quality, including any procedures and safeguards necessary to minimize potentially adverse effects of multiple inquiries into participating borrowers' credit histories recorded by consumer reporting agencies.
        (3) Options concerning the establishment and ongoing maintenance of such a system, including whether such a system should be operated by one or more entities, and methods to  finance such a system at no or minimal cost to consumers and the Government.
        (4) Other features that could help prospective borrowers make informed decisions in selecting lenders from whom to obtain Federal and private education loans.

422
Financial Aid: Federal payments to reduce student interest costs (d) Restrictions on Inducements, Payments, Mailings, and Advertising.--Paragraph (3) of section 428(b) (20 U.S.C. 1078(b)(3)) is amended to read as follows:
      ``(3) Restrictions on inducements, payments, mailings, and advertising.--A guaranty agency shall not--
             ``(A) offer, directly or indirectly, premiums,  payments, stock or other securities, prizes, travel, entertainment expenses, tuition payment or reimbursement, or other inducements to--
                     ``(i) any institution of higher education the employees of an institution of higher education in order to secure applicants for loans made under this part; or
                     ``(ii) any lender, or any agent, employee, or independent contractor of any lender or guaranty agency, in order to administer or market loans  made under this part (other than a loan made as part of the guaranty agency's lender-of-last-resort program pursuant to section 428(j)), for the purpose of securing the designation of the guaranty agency as the insurer of such loans;
                "(B) conduct unsolicited mailings, by postal or electronic means, of student loan application forms to students enrolled in secondary schools or postsecondary educational institutions, or to the families of such students, except that applications may be mailed, by postal or electronic means, to students or borrowers who have previously received loans guaranteed under this part by the guaranty agency;
                ``(C) perform, for an institution of higher education participating in a program under this title, any function that such institution is required to perform under this title, except that the guaranty agency may perform functions on behalf of such institution in accordance with section 485(b);
                ``(D) pay, on behalf of an institution of higher education, another person to perform any function that such institution is required to perform under this  title, except that the guaranty agency may perform functions on behalf of such institution in accordance with section 485(b); or
              ``(E) conduct fraudulent or misleading advertising concerning loan availability, terms, or conditions.  It shall not be a violation of this paragraph for a guaranty agency to provide technical assistance to institutions of higher education comparable to the technical assistance provided to institutions of higher education by the Department.''

401
Financial Aid: Federal Pell Grants

``(2)(A) The amount of the Federal Pell Grant for a student eligible under this part shall be--
``(i) $6,000 for academic year 2009-2010;
``(ii) $6,400 for academic year 2010-2011;
``(iii) $6,800 for academic year 2011-2012;
``(iv) $7,200 for academic year 2012-2013;
``(v) $7,600 for academic year 2013-2014; and
``(vi) $8,000 for academic year 2014-2015,
less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.''
``(5)(A) The Secretary shall award a student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student's progress toward a degree or certificate if the student is enrolled--
   ``(i) on at least a half-time basis for a period of  more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; and
  ``(ii) in a program of instruction at an institution of higher education for which the institution awards an associate or baccalaureate degree or a certificate.
    ``(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant  level specified in the appropriate appropriations Act for such award year.

424
Financial Aid: Federal PLUS 
loans
(a) Amendments.--Section 428B (20 U.S.C. 1078-2) is amended--
      (2) in subsection (d), by striking paragraphs (1) and (2) and inserting the following:
         ``(1) Commencement of repayment.-- Repayment of principal on loans made under this section shall commence not later than 60 days after the date such loan is disbursed by the lender, subject to deferral--
      ``(A)(i) during any period during which the parent borrower or the graduate or professional student borrower meets the conditions required for a deferral under section 427(a)(2)(C) or 428(b)(1)(M); and
           ``(ii) upon the request of the parent borrower, during any period during which the student on whose behalf the loan was borrowed by the parent borrower meets the conditions required for a deferral under section 427(a)(2)(C)(i)(I) or 428(b)(1)(M)(i)(I); and
        ``(B)(i) in the case of a parent borrower, upon the request of the parent borrower, during the 6-month period beginning on the later of--
                 ``(I) the day after the date the student on whose behalf the loan was borrowed ceases to carry at least one-half the normal full-time academic workload (as determined by the institution); or
                 ``(II) if the parent borrower is also a student, the day after the date such parent borrower ceases to carry at least one-half such a workload; and
             ``(ii) in the case of a graduate or professional student borrower, during the 6-month period beginning on the day after the date such student ceases to carry least one-half the normal full-time academic workload (as determined by the institution)."

110
Financial Aid: Improved information concerning the Federal student financial aid website

(d) Promotion of the Department of Education Federal Student Financial Aid Website.--The Secretary shall display a link to the Federal student financial aid website of the Department in a prominent place on the homepage of the Department's website. 

483
Financial Aid: Improvements to paper and electronic forms and processes. (FAFSA) 

(a) Common Financial Aid Form Development and Processing.--Section 483 (20 U.S.C. 1090) is amended--
         (1) in subsection (a), by striking paragraphs (1) through (7) and inserting the following:
           ``(1) In general.--The Secretary, in cooperation with representatives of agencies and organizations involved in student financial assistance, shall produce, distribute, and process free of charge common financial reporting forms as described in this subsection to be used for application and reapplication to determine the need and eligibility of a student for financial assistance under parts A through E (other than subpart 4 of part A). The forms shall be made available to applicants in both paper and electronic formats and shall be referred to as the `Free Application for Federal Student Aid' or the `FAFSA'. The Secretary shall work to make the FAFSA consumer-friendly and to make questions on the FAFSA easy for students and families to read and understand, and shall ensure that the FAFSA is available in formats accessible to individuals with disabilities.
``(2) Paper format.--
        ``(A) In general.--The Secretary shall develop, make available, and process--
                ``(i) a paper version of EZ FAFSA, as described in subparagraph (B); and
               ``(ii) a paper version of the other forms described in this subsection, in accordance with subparagraph (C), for any applicant who does not meet the requirements of or does not wish to use the process described in subparagraph (B)." 

484
Financial Aid: Model institution financial aid offer form (a) Model Format.-- The Secretary of Education shall--
    (1) not later than six months after the date of enactment of the Higher Education Opportunity Act, convene a group of students, families of students, secondary school guidance counselors, representatives of institutions of higher education (including financial aid administrators, registrars, and business officers), and nonprofit consumer groups for the purpose of offering recommendations for improvements that--
          (A) can be made to financial aid offer forms; and
          (B) include the information described in subsection (b);
     (2) develop a model format for financial aid offer forms based on the recommendations of the group; and
     (3) not later than one year after the date of enactment of the Higher Education Opportunity Act--
          (A) submit recommendations to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003); and
          (B) make the recommendations and model format widely  available.

466
Financial Aid: Sense of Congress regarding Federal Perkins loans. It is the sense of Congress that the Federal Perkins Loan Program, which provides low-interest loans to help needy students finance the costs of postsecondary education, is an important part of Federal student aid, and should remain a campus-based aid program at colleges and universities.

485
Financial Aid: Student eligibility and distance education (a) Amendments.--Section 484 (20 U.S.C. 1091) is amended--
``(4) The student shall be determined by the institution of higher education as having the ability to benefit from the education or training offered by the institution of higher education upon satisfactory completion of six credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the institution of higher education.'';
            (4) by striking subsection (j);
            (5) by striking subsection (l) and inserting the following:
``(l) Courses Offered Through Distance Education.--
     ``(1) Relation to correspondence courses.--
         ``(A) In general.--A student enrolled in a course of  instruction at an institution of higher education that is offered principally through distance education and leads to a recognized certificate, or recognized associate, recognized baccalaureate, or recognized graduate degree, conferred by such institution, shall not be considered to be enrolled in correspondence courses.
            ``(B) Exception.--An institution of higher education  referred to in subparagraph (A) shall not include an institution or school described in section 3(3)(C) of the Carl D. Perkins Career and Technical Education Act of 2006.
      ``(2) Reductions of financial aid.--A student's eligibility to receive grants, loans, or work assistance under this title shall be reduced if a financial aid officer determines under the discretionary authority provided in section 479A that distance education results in a substantially reduced cost of attendance  to such student.
       ``(3) Special rule.--For award years beginning prior to July 1, 2008, the Secretary shall not take any compliance, disallowance, penalty, or other action based on a violation of this subsection against a student or an eligible institution when such action arises out of such institution's prior award of student assistance under this title if the institution demonstrates to the satisfaction of the Secretary that its course of instruction would have been in conformance with the requirements of this subsection.''

433
Financial Aid: Student loan information for eligible lenders ``(a) Required Disclosure Before Disbursement.--Each eligible lender, at or prior to the time such lender disburses a loan that is insured or guaranteed under this part (other than a loan made under section 428C), shall provide thorough and accurate loan information on such loan to the borrower in simple and understandable terms. Any disclosure required by this subsection may be made by an eligible lender by written or electronic means, including as part of the application material provided to the borrower, as part of the promissory note evidencing the loan, or on a separate written form provided to the borrower. Each lender shall provide to each borrower a telephone number, and may provide an electronic address, through which additional loan information can be obtained. The disclosure shall include-- 
       ``(1) a statement prominently and clearly displayed and in bold print that the borrower is receiving a loan that must be repaid;
        ``(2) the name of the eligible lender, and the address to which communications and payments should be sent;
        ``(3) the principal amount of the loan;
        ``(4) the amount of any charges, such as the origination fee and Federal default fee . . ."
(See section for all disclosures.)

451
Financial Aid: Terms and conditions of loans (c) Identity Fraud Protection.--Section 455 (as amended by this section) (20 U.S.C. 1087e) is amended by adding at the end the following:
    ``(n) Identity Fraud Protection.--The Secretary shall take such steps as may be necessary to ensure that monthly Federal Direct Loan statements and other publications of the Department do not contain more than four digits of the Social Security number of any individual.''
 (d) No Accrual of Interest for Active Duty Service Members.--Section 455 (as amended by this section) (20 U.S.C. 1087e) is further amended by adding at the end the following:
    ``(o) No Accrual of Interest for Active Duty Service Members.--
          ``(1) In general.--Notwithstanding any other provision of this part and in accordance with paragraphs (2) and (4), interest shall not accrue for an eligible military borrower on a loan made under this part for which the first disbursement is made on or after October 1, 2008.
          ``(2) Consolidation loans.--In the case of any consolidation loan made under this part that is disbursed on or after October 1, 2008, interest shall not accrue pursuant to this subsection only on such portion of such loan as was used to repay a loan made under this part for which the first disbursement is made on or after October 1, 2008."

443
Grants for Federal work-study programs Section 443 (42 U.S.C. 2753) is amended--
(1) in subsection (b)(2)--by adding at the end the following new subsection:
    ``(e) Civic Education and Participation Activities.--
          ``(1) Use of funds.--Funds granted to an institution under this section may be used in accordance with such subsection to compensate (including compensation for time spent in training and travel directly related to civic education and participation activities) students employed in projects that--
                 ``(A) teach civics in schools;
                 ``(B) raise awareness of government functions or resources; or
                 ``(C) increase civic participation.
          ``(2) Priority for schools.--To the extent practicable, an institution shall--
                 ``(A) give priority to the employment of students participating in projects that educate or train the public about evacuation, emergency response, and injury prevention strategies relating to natural disasters, acts of terrorism, and other emergency situations; and
                 ``(B) ensure that any student compensated with the funds described in paragraph (1) receives appropriate training to carry out the educational services required.
          ``(3) Federal share.--The Federal share of the compensation of work-study students compensated under this subsection may exceed 75 percent.''

702
Jacob K. Javits Fellowship program  Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is amended by adding at the end the following new sentence: ``In the case of other exceptional circumstances, such as active duty military service or personal or family member illness, the institution of higher education may also permit the fellowship recipient to interrupt periods of study for the duration of the tour of duty (in the case of military service) or for not more than 12 months (in any other case), but without payment of the stipend.''

825
Mental health disclosures guidance for student safety.    ``(a) Guidance.--The Secretary shall continue to provide guidance that clarifies the role of institutions of higher education with respect to the disclosure of education records, including to a parent or legal guardian of a dependent student, in the event that such student demonstrates that the student poses a significant risk of harm to himself or herself or to others, including a significant risk of suicide, homicide, or assault. Such guidance shall further clarify that an institution of higher education that, in good faith, discloses education records or other information in accordance with the requirements of this Act and section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy Act of 1974) shall not be liable to any person for that disclosure.
    ``(b) Information to Congress.-- The Secretary shall provide an update to the authorizing committees on the Secretary's activities under subsection (a) not later than 180days after the date of enactment of the Higher Education Opportunity Act."

489
National Student Loan 
Data System
Section 485B (20 U.S.C. 1092b) is amended--
(3) by inserting after subsection (c) the following:
``(d) Principles for Administering the Data System.--In managing the National Student Loan Data System, the Secretary shall take actions necessary to maintain confidence in the data system, including, at a minimum--
         ``(1) ensuring that the primary purpose of access to the data system by guaranty agencies, eligible lenders, and eligible  institutions of higher education is for legitimate program operations, such as the need to verify the eligibility of a student, potential student, or parent for loans under part B, D, or E;
         ``(2) prohibiting nongovernmental researchers and policy analysts from accessing personally identifiable information;
         ``(3) creating a disclosure form for students and potential students that is distributed when such students complete the common financial reporting form under section 483, and as a part of the exit counseling process under section 485(b), that . . .
         ``(4) requiring guaranty agencies, eligible lenders, and eligible institutions of higher education that enter into an agreement with a potential student, student, or parent of such student regarding a loan under part B, D, or E, to inform the student or parent that such loan shall be--
                ``(A) submitted to the data system; and
                ``(B) accessible to guaranty agencies, eligible  lenders, and eligible institutions of higher education determined by the Secretary to be authorized users of the data system;"

104
Student speech 
and association 
rights, Protection of
(2) It is the sense of Congress that--   ``(A) the diversity of institutions and educational missions  is one of the key strengths of American higher education;
   ``(B) individual institutions of higher education have different missions and each institution should design its academic program in accordance with its educational goals;
   ``(C) an institution of higher education should facilitate  the free and open exchange of ideas;
    ``(D) students should not be intimidated, harassed, discouraged from speaking out, or discriminated against;
    ``(E) students should be treated equally and fairly; and
    ``(F) nothing in this paragraph shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association.''

1113
Study of aid to less-than-half-time students. (a) Study Required.--The Secretary shall conduct a study on making and expanding the student aid available under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) to less-than-half-time students. The Secretary shall submit a report on the results of such study, including the Secretary's recommendations, to the authorizing committees not later than one year after the date of enactment of this Act.

1109
Study of minority male 
academic achievement.
(a) Study Required.--The Secretary of Education shall carry out the following:
        (1) Commission and ensure the conduct of a national study of underrepresented minority males (particularly African American, Hispanic American, Native American, Native Hawaiian, and Alaska Native males) completing high school, and entering and graduating from colleges and universities in accordance with the following:
                (A) The data comprising the study shall focus primarily on African American, Hispanic American, Native American, Native Hawaiian, and Alaska Native males and shall utilize existing data sources.
                (B) The study shall focus on high school completion and preparation for college, success on the SAT and ACT, and minority male access to college, including the financing of college, and college persistence and graduation.
                (C) The implementation of the study shall be in four stages based on the recommendations of the Commissioner for Education Statistics.
        (2) Make specific recommendations to the authorizing committees and States on new approaches to increase--
                (A) the number of minority males successfully preparing themselves for college study;
                (B) the number of minority males graduating from  high school and entering college; and
                (C) the number of minority males graduating from college and entering careers in which they are underrepresented.

1115
Study of the impact of student loan debt on public service.     (a) Study.--The Secretary of Education, in consultation with the Office of Management and Budget, is authorized to coordinate with an organization with expertise in the field of public service, such as the National Academy of Public Administrators or the American Society for Public Administration, to coordinate with interested parties to conduct a study of how student loan debt levels impact the decisions of graduates of postsecondary and graduate education programs to enter into public service careers. 
    (b) Report.-- Not later than one year after the date of enactment of this Act, the Secretary of Education, in consultation with the Office of Management and Budget, shall submit to the authorizing committees a report related to the findings of the study conducted under subsection (a).

112
Textbook information - 
Because EIU students rent 
their textbooks, this section applies only to those materials that students are required to purchase.
    ``(a) Purpose and Intent.--The purpose of this section is to ensure that students have access to affordable course materials by decreasing costs to students and enhancing transparency and disclosure with respect to the selection, purchase, sale, and use of course materials. It is the intent of this section to encourage all of the involved parties, including faculty, students, administrators, institutions of higher education, bookstores, distributors, and publishers, to work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while supporting the academic freedom of faculty members to select high quality course materials for students."

112
Textbooks: Information for college bookstores     ``(e) Availability of Information for College Bookstores.--An institution of higher education receiving Federal financial assistance shall make available to a college bookstore that is operated by, or in a contractual relationship or otherwise affiliated with, the institution, as soon as is practicable upon the request of such college bookstore, the most accurate information available regarding--
            ``(1) the institution's course schedule for the subsequent  academic period; and
            ``(2) for each course or class offered by the institution for the subsequent academic period--
                    ``(A) the information required by subsection (d)(1) for each college textbook or supplemental material required or recommended for such course or class;
                    ``(B) the number of students enrolled in such course or class; and
                    ``(C) the maximum student enrollment for such course or class."
    Effective Date.--The amendment made by subsection (a) shall take effect on July 1, 2010.

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Tuition: In-State tuition rates 
for Armed Forces members, spouses, and dependent 
children
   ``(a) Requirement.--In the case of a member of the armed forces who is on active duty for a period of more than 30 days and whose domicile or permanent duty station is in a State that receives assistance under this Act, such State shall not charge such member (or the spouse or dependent child of such member) tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State.
   ``(b) Continuation.--If a member of the armed forces (or the spouse or dependent child of a member) pays tuition at a public institution of higher education in a State at a rate determined by subsection (a), the provisions of subsection (a) shall continue to apply to such member, spouse, or dependent while continuously enrolled at that institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State.
    ``(c) Effective Date.--This section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.
    ``(d) Definitions.--In this section, the terms `armed forces' and `active duty for a period of more than 30 days' have the meanings given those terms in section 101 of title 10, United States Code.''

111
Tuition: Transparency in 
college tuition for consumers. 
Consumer Information. 
(i) ``(1) Availability of title IV institution information.--Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall make publicly available on the College Navigator website, in simple and understandable terms, the following information about each institution of higher education that participates in programs under title IV, for the most recent academic year for which satisfactory data are available:
   ``(A) A statement of the institution's mission.
   ``(B) The total number of undergraduate students who applied to, were admitted by, and enrolled in the institution.
    ``(C) For institutions that require SAT or ACT scores to be submitted, the reading, writing, mathematics, and combined scores on the SAT or ACT, as applicable, for the middle 50 percent range of the institution's freshman class.
    ``(D) The number of first-time, full-time, and part-time students enrolled at the institution, at the undergraduate and (if applicable) graduate levels.
    ``(E) The number of degree- or certificate-seeking undergraduate students enrolled at the institution who have transferred from another institution.
    ``(F) The percentages of male and female undergraduate students enrolled at the institution.”

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Tuition: Transparency in college tuition for consumers. Net Price Calculator.      ``(h) ``(1) Development of net price calculator.--Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall, in consultation with institutions of higher education and other appropriate experts, develop a net price calculator to help current and prospective students, families, and other consumers estimate the individual net price of an institution of  higher education for a student."

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Tuition: Transparency in college tuition for consumers.  Calculations for Public Institutions. ``(b) In making the calculations regarding cost of attendance, net price, and tuition and fees under this section with respect to a public institution of higher education, the Secretary shall calculate the cost of attendance, net price, and tuition and fees at such institution in the manner described in subsection (a), except that--
            ``(1) the cost of attendance, net price, and tuition and fees shall be calculated for first-time, full-time undergraduate students enrolled in the institution who are residents of the State in which such institution is located; and
            ``(2) in determining the net price, the average need-based grant aid and merit-based grant aid described in subsection (a)(3)(B) shall be calculated based on the average total amount of such aid received by first-time, full-time undergraduate  students who are residents of the State in which such institution is located, divided by the total number of such resident students receiving such need-based grant aid or merit-based grant aid at such institution."

111
Tuition: Transparency in college tuition for consumers.   College Affordability and Transparency Lists. ``(1) Availability of lists.--Beginning July 1, 2011, the Secretary shall make publicly available on the College Navigator website, in a manner that is sortable and searchable by State, the following:”

Lists will include institutions with highest tuition and fees, highest net price, largest increase in tuition fees, largest increase in net price, lowest tuition and fees, and the lowest net price.

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Tuition: Transparency in college tuition for consumers.   State Higher Education Spending Chart. ``(g)  The Secretary shall annually report on the College Navigator website, in charts for each State, comparisons of--
            ``(1) the percentage change in spending by such State per full-time equivalent student at all public institutions of higher education in such State, for each of the five most recent preceding academic years;
            ``(2) the percentage change in tuition and fees for such students for all public institutions of higher education in such State for each of the five most recent preceding academic years; and
            ``(3) the percentage change in the total amount of need- based aid and merit-based aid provided by such State to full- time students enrolled in the public institutions of higher education in the State for each of the five most recent preceding academic years."

Related Pages

Contact Information

General Counsel/FOIA Officer
Laura L. McLaughlin

Eastern Illinois University
Blair Hall - Room 2102
600 Lincoln Avenue Charleston, IL 61920
(217) 581-7264


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