20 U.S.C. § 1015d — In-State tuition rates for members of

Page 226 TITLE 20—EDUCATION § 1015c ‘‘(4) building or acquiring extra storage space dedi- cated to course materials for rent. ‘‘(d) EVALUATION AND REPORT.— ‘‘(1) EVALUATIONS BY RECIPIENTS.—After a period of time to be determined by the Secretary, each institu- tion of higher education that receives a grant under this section shall submit a report to the Secretary on the effectiveness of their rental programs in reducing textbook costs for students. ‘‘(2) REPORT TO CONGRESS.—Not later than Sep- tember 30, 2010, the Secretary shall submit a report to Congress on the effectiveness of the textbook rent- al pilot programs under this section, and identify the best practices developed in such pilot programs. Such report shall contain an estimate by the Secretary of the savings achieved by students who participate in such pilot programs. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2009 and 2010.’’ § 1015c. Database of student information prohib- ited (a) Prohibition Except as described in subsection (b), nothing in this chapter shall be construed to authorize the development, implementation, or mainte- nance of a Federal database of personally identi- fiable information on individuals receiving as- sistance under this chapter, attending institu- tions receiving assistance under this chapter, or otherwise involved in any studies or other col- lections of data under this chapter, including a student unit record system, an education bar code system, or any other system that tracks in- dividual students over time. (b) Exception The provisions of subsection (a) shall not apply to a system (or a successor system) that— (1) is necessary for the operation of pro- grams authorized by subchapter II, IV, or VII; and (2) was in use by the Secretary, directly or through a contractor, as of the day before Au- gust 14, 2008. (c) State databases Nothing in this chapter shall prohibit a State or a consortium of States from developing, im- plementing, or maintaining State-developed databases that track individuals over time, in- cluding student unit record systems that con- tain information related to enrollment, attend- ance, graduation and retention rates, student fi- nancial assistance, and graduate employment outcomes. (Pub. L. 89–329, title I, § 134, as added Pub. L. 110–315, title I, § 113, Aug. 14, 2008, 122 Stat. 3110.) Editorial Notes PRIOR PROVISIONS A prior section 1015c, Pub. L. 89–329, title I, § 134, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 466, defined ‘‘public broadcasting entity’’ for pur- poses of former part C of this subchapter, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1015c, Pub. L. 89–329, title I, § 134, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2089, related to annual reports by Assist- ant Secretary and content of these reports, prior to the general amendment of this subchapter by Pub. L. 96–374. § 1015d. In-State tuition rates for members of qualifying Federal service (a) Requirement In the case of a member of a qualifying Fed- eral service whose domicile or permanent duty station is in a State that receives assistance under this chapter, such State shall not charge such member (or the spouse or dependent child of such member) tuition for attendance at a pub- lic 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 a qualifying Federal service (or the spouse or dependent child of a member) pays tuition at a public institution of higher edu- cation in a State at a rate determined by sub- section (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 chapter for the first period of enrollment at such institution that begins after July 1, 2009. (d) Definitions In this section, the term ‘‘member of a quali- fying Federal service’’ means— (1) a member of the armed forces (as defined in section 101 of title 10) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10); (2) a member of the Foreign Service (as de- fined in section 3903 of title 22) who is on ac- tive duty for a period of more than 30 days; or (3) an officer or employee of an element of the intelligence community (as such term is defined in section 3003 of title 50) who serves in a position of employment in such element for a period of more than 30 days. (Pub. L. 89–329, title I, § 135, as added Pub. L. 110–315, title I, § 114, Aug. 14, 2008, 122 Stat. 3111; amended Pub. L. 117–81, div. F, title LXII, § 6206(a), Dec. 27, 2021, 135 Stat. 2392; Pub. L. 118–31, div. G, title III, § 7316(a), Dec. 22, 2023, 137 Stat. 1032.) Editorial Notes PRIOR PROVISIONS A prior section 1015d, Pub. L. 89–329, title I, § 135, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 466, required grant recipients to submit reports, prior to the general amendment of this subchapter by Pub. L. 105–244. AMENDMENTS 2023—Subsec. (d)(3). Pub. L. 118–31 added par. (3). 2021—Pub. L. 117–81, § 6206(a)(1), substituted ‘‘quali- fying Federal service’’ for ‘‘the armed forces on active duty, spouses, and dependent children’’ in section catchline. Page 227 TITLE 20—EDUCATION § 1015e Subsec. (a). Pub. L. 117–81, § 6206(a)(2), substituted ‘‘member of a qualifying Federal service’’ for ‘‘member of the armed forces who is on active duty for a period of more than 30 days and’’. Subsec. (b). Pub. L. 117–81, § 6206(a)(3), substituted ‘‘member of a qualifying Federal service’’ for ‘‘member of the armed forces’’. Subsec. (d). Pub. L. 117–81, § 6206(a)(4), added subsec. (d) and struck out former subsec. (d). Prior to amend- ment, text read as follows: ‘‘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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT Pub. L. 118–31, div. G, title III, § 7316(b), Dec. 22, 2023, 137 Stat. 1033, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect at each public institution of higher education in a State that receives assistance under the Higher Edu- cation Act of 1965 (20 U.S.C. 1001 et seq.) for the first pe- riod of enrollment at such institution that begins after July 1, 2024.’’ EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117–81, div. F, title LXII, § 6206(b), Dec. 27, 2021, 135 Stat. 2392, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect at each public institution of higher edu- cation in a State that receives assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment at such institution that begins after July 1, 2024.’’ § 1015e. State higher education information sys- tem pilot program (a) Purpose It is the purpose of this section to carry out a pilot program to assist not more than five States to develop State-level postsecondary stu- dent data systems to— (1) improve the capacity of States and insti- tutions of higher education to generate more comprehensive and comparable data, in order to develop better-informed educational policy at the State level and to evaluate the effec- tiveness of institutional performance while protecting the confidentiality of students’ per- sonally identifiable information; and (2) identify how to best minimize the data- reporting burden placed on institutions of higher education, particularly smaller institu- tions, and to maximize and improve the infor- mation institutions receive from the data sys- tems, in order to assist institutions in improv- ing educational practice and postsecondary outcomes. (b) Definition of eligible entity In this section, the term ‘‘eligible entity’’ means— (1) a State higher education system; or (2) a consortium of State higher education systems, or a consortium of individual institu- tions of higher education, that is broadly rep- resentative of institutions in different sectors and geographic locations. (c) Competitive grants (1) Grants authorized The Secretary shall award grants, on a com- petitive basis, to not more than five eligible entities to enable the eligible entities to— (A) design, test, and implement systems of postsecondary student data that provide the maximum benefits to States, institutions of higher education, and State policymakers; and (B) examine the costs and burdens in- volved in implementing a State-level post- secondary student data system. (2) Duration A grant awarded under this section shall be for a period of not more than three years. (d) Application requirements An eligible entity desiring a grant under this section shall submit an application to the Sec- retary at such time, in such manner, and con- taining such information as the Secretary may reasonably require, including a description of— (1) how the eligible entity will ensure that student privacy is protected and that individ- ually identifiable information about students, the students’ achievements, and the students’ families remains confidential in accordance with section 1232g of this title (commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’); and (2) how the activities funded by the grant will be supported after the three-year grant period. (e) Use of funds A grant awarded under this section shall be used to— (1) design, develop, and implement the com- ponents of a comprehensive postsecondary stu- dent data system with the capacity to trans- mit student information within a State; (2) improve the capacity of institutions of higher education to analyze and use student data; (3) select and define common data elements, data quality, and other elements that will en- able the data system to— (A) serve the needs of institutions of high- er education for institutional research and improvement; (B) provide students and the students’ fam- ilies with useful information for decision- making about postsecondary education; and (C) provide State policymakers with im- proved information to monitor and guide ef- forts to improve student outcomes and suc- cess in higher education; (4) estimate costs and burdens at the institu- tional level for the reporting system for dif- ferent types of institutions; and (5) test the feasibility of protocols and standards for maintaining data privacy and data access. (f) Evaluation; reports Not later than six months after the end of the projects funded by grants awarded under this section, the Secretary shall— (1) conduct a comprehensive evaluation of the pilot program authorized by this section; and (2) report the Secretary’s findings, as well as recommendations regarding the implementa- tion of State-level postsecondary student data systems, to the authorizing committees.