20 U.S.C. § 1161g — Patsy T. Mink fellowship program

Page 842 TITLE 20—EDUCATION § 1161g (Pub. L. 89–329, title VIII, § 806, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3390; amended Pub. L. 114–95, title IX, § 9214(c)(12), Dec. 10, 2015, 129 Stat. 2164.) Editorial Notes AMENDMENTS 2015—Subsec. (a)(2). Pub. L. 114–95, § 9214(c)(12)(A), struck out par. (2). Text read as follows: ‘‘The term ‘highly qualified’ has the meaning given the term in section 7801 of this title or section 1401 of this title.’’ Subsec. (c)(1). Pub. L. 114–95, § 9214(c)(12)(B), sub- stituted ‘‘teachers who meet the applicable State cer- tification and licensure requirements, including any re- quirements for certification obtained through alter- native routes to certification, or, with regard to special education teachers, the qualifications described in sec- tion 1412(a)(14)(C) of this title,’’ for ‘‘highly qualified teachers’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. PART G—PATSY T. MINK FELLOWSHIP PROGRAM § 1161g. Patsy T. Mink fellowship program (a) Purpose; designation (1) In general It is the purpose of this section to provide, through eligible institutions, a program of fel- lowship awards to assist highly qualified mi- norities and women to acquire the doctoral de- gree, or highest possible degree available, in academic areas in which such individuals are underrepresented for the purpose of enabling such individuals to enter the higher education professoriate. (2) Designation Each recipient of a fellowship award from an eligible institution receiving a grant under this section shall be known as a ‘‘Patsy T. Mink Graduate Fellow’’. (b) Eligible institution In this section, the term ‘‘eligible institution’’ means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate study leading to a graduate degree. (c) Program authorized (1) Grants by Secretary (A) In general From the amounts appropriated under sub- section (f), the Secretary shall award grants to eligible institutions to enable such insti- tutions to make fellowship awards to indi- viduals in accordance with the provisions of this section. (B) Priority consideration In awarding grants under this section, the Secretary shall consider the eligible institu- tion’s prior experience in producing doctoral degree, or highest possible degree available, holders who are minorities and women, and shall give priority consideration in making grants under this section to those eligible institutions with a demonstrated record of producing minorities and women who have earned such degrees. (2) Applications (A) In general An eligible institution that desires a grant under this section shall submit an applica- tion to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Applications made on behalf The following entities may submit an ap- plication on behalf of an eligible institution: (i) A graduate school or department of such institution. (ii) A graduate school or department of such institution in collaboration with an undergraduate college or school of such in- stitution. (iii) An organizational unit within such institution that offers a program of postbaccalaureate study leading to a grad- uate degree, including an interdisciplinary or an interdepartmental program. (C) Partnership In developing a grant application and car- rying out the grant activities authorized under this section, an eligible institution may partner with a nonprofit organization with a demonstrated record of helping mi- norities and women earn postbaccalaureate degrees. (3) Selection of applications In awarding grants under paragraph (1), the Secretary shall— (A) take into account— (i) the number and distribution of minor- ity and female faculty nationally; (ii) the current and projected need for highly trained individuals in all areas of the higher education professoriate; and (iii) the present and projected need for highly trained individuals in academic ca- reer fields in which minorities and women are underrepresented in the higher edu- cation professoriate; and (B) consider the need to prepare a large number of minorities and women generally in academic career fields of high national priority, especially in areas in which such individuals are traditionally underrep- resented in college and university faculty. (4) Distribution and amounts of grants (A) Equitable distribution In awarding grants under this section, the Secretary shall, to the maximum extent fea- sible, ensure an equitable geographic dis- tribution of awards and an equitable dis- tribution among public and private eligible institutions that apply for grants under this section and that demonstrate an ability to achieve the purpose of this section. (B) Special rule To the maximum extent practicable, the Secretary shall use not less than 30 percent Page 843 TITLE 20—EDUCATION § 1161g of the amount appropriated pursuant to sub- section (f) to award grants to eligible insti- tutions that are eligible for assistance under subchapter III or subchapter V, or to con- sortia of eligible institutions that include at least one eligible institution that is eligible for assistance under subchapter III or sub- chapter V. (C) Allocation In awarding grants under this section, the Secretary shall allocate appropriate funds to those eligible institutions whose applica- tions indicate an ability to significantly in- crease the numbers of minorities and women entering the higher education professoriate and that commit institutional resources to the attainment of the purpose of this sec- tion. (D) Number of fellowship awards An eligible institution that receives a grant under this section shall make not less than ten fellowship awards. (E) Insufficient funds If the amount appropriated is not suffi- cient to permit all grantees under this sec- tion to provide the minimum number of fel- lowships required by subparagraph (D), the Secretary may, after awarding as many grants to support the minimum number of fellowships as such amount appropriated permits, award grants that do not require the grantee to award the minimum number of fellowships required by such subpara- graph. (5) Institutional allowance (A) In general (i) Number of allowances In awarding grants under this section, the Secretary shall pay to each eligible in- stitution awarded a grant, for each indi- vidual awarded a fellowship by such insti- tution under this section, an institutional allowance. (ii) Amount Except as provided in subparagraph (C), for academic year 2009–2010 and succeeding academic years, an institutional allowance under this paragraph shall be in an amount equal to the amount of institu- tional allowance made to an institution of higher education under section 1135d of this title for such academic year. (B) Use of funds Institutional allowances may be expended at the discretion of the eligible institution and may be used to provide, except as pro- hibited under subparagraph (D), academic support and career transition services for in- dividuals awarded fellowships by such insti- tution. (C) Reduction The institutional allowance paid under subparagraph (A) shall be reduced by the amount the eligible institution charges and collects from a fellowship recipient for tui- tion and other expenses as part of the recipi- ent’s instructional program. (D) Use for overhead prohibited Funds made available under this section may not be used for general operational overhead of the academic department or in- stitution receiving funds under this section. (d) Fellowship recipients (1) Authorization An eligible institution that receives a grant under this section shall use the grant funds to make fellowship awards to minorities and women who are enrolled at such institution in a doctoral degree program, or program for the highest possible degree available, and— (A) intend to pursue a career in instruc- tion at— (i) an institution of higher education (as the term is defined in section 1001 of this title); (ii) an institution of higher education (as the term is defined in section 1002(a)(1) of this title); and (iii) a proprietary institution of higher education (as the term is defined in sec- tion 1002(b) of this title); and (B) sign an agreement with the Secretary agreeing— (i) to begin employment at an institu- tion described in subparagraph (A) not later than three years after receiving the doctoral degree or highest possible degree available, which three-year period may be extended by the Secretary for extraor- dinary circumstances; and (ii) to be employed by such institution for one year for each year of fellowship as- sistance received under this section. (2) Repayment for failure to comply In the event that any recipient of a fellow- ship under this section fails or refuses to com- ply with the agreement signed pursuant to paragraph (1)(B), the sum of the amounts of any fellowship received by such recipient shall, upon a determination of such a failure or refusal to comply, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of subchapter IV, and shall be subject to re- payment, together with interest thereon ac- cruing from the date of the grant award, in ac- cordance with terms and conditions specified by the Secretary in regulations under this sec- tion. (3) Waiver and modification (A) Regulations The Secretary shall promulgate regula- tions setting forth criteria to be considered in granting a waiver for the service require- ment under paragraph (1)(B). (B) Content The criteria under subparagraph (A) shall include whether compliance with the service requirement by the fellowship recipient would be— (i) inequitable and represent an extraor- dinary hardship; or (ii) deemed impossible because the indi- vidual is permanently and totally disabled at the time of the waiver request. Page 844 TITLE 20—EDUCATION § 1161h (4) Amount of fellowship awards Fellowship awards under this section shall consist of a stipend in an amount equal to the level of support provided to fellows under the National Science Foundation Graduate Re- search Fellowship Program, except that such stipend shall be adjusted as necessary so as not to exceed the fellow’s tuition and fees or demonstrated need (as determined by the in- stitution of higher education where the grad- uate student is enrolled), whichever is greater. (5) Academic progress required An individual student shall not be eligible to receive a fellowship award— (A) except during periods in which such student is enrolled, and such student is maintaining satisfactory academic progress in, and devoting essentially full time to, study or research in the pursuit of the de- gree for which the fellowship support was awarded; and (B) if the student is engaged in gainful em- ployment, other than part-time employment in teaching, research, or similar activity de- termined by the eligible institution to be consistent with and supportive of the stu- dent’s progress toward the appropriate de- gree. (e) Rule of construction Nothing in this section shall be construed to require an eligible institution that receives a grant under this section— (1) to grant a preference to or to differen- tially treat any applicant for a faculty posi- tion as a result of the institution’s participa- tion in the program under this section; or (2) to hire a Patsy T. Mink Fellow who com- pletes this program and seeks employment at such institution. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title VIII, § 807, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3392.) PART H—IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS § 1161h. Improving college enrollment by sec- ondary schools (a) In general From the amounts appropriated under sub- section (c), the Secretary shall award a grant to one nonprofit organization described in sub- section (b) to enable the nonprofit organiza- tion— (1) to make publicly available the year-to- year postsecondary education enrollment rate trends of secondary school students, disaggregated by secondary school, in compli- ance with section 1232g of this title (com- monly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’); (2) to identify not less than 50 urban local educational agencies and five States with sig- nificant rural populations, each serving a sig- nificant population of low-income students, and to carry out a comprehensive assessment in the agencies and States of the factors known to contribute to improved postsec- ondary education enrollment rates, which fac- tors shall include— (A) the local educational agency’s and State’s leadership strategies and capacities; (B) the secondary school curriculum and class offerings of the local educational agen- cy and State; (C) the professional development used by the local educational agency and the State to assist teachers, guidance counselors, and administrators in supporting the transition of secondary students to postsecondary edu- cation; (D) secondary school student attendance and other factors demonstrated to be associ- ated with enrollment into postsecondary education; (E) the use of data systems by the local educational agency and the State to meas- ure postsecondary education enrollment rates and the incentives in place to motivate the efforts of faculty and students to im- prove student and schoolwide outcomes; and (F) strategies to mobilize student leaders to build a college-bound culture; and (3) to provide comprehensive services to im- prove the schoolwide postsecondary education enrollment rates of each of not less than ten local educational agencies and States, with the federally funded portion of each project declining by not less than 20 percent each year beginning in the second year of the com- prehensive services, that— (A) participated in the needs assessment described in paragraph (2); and (B) demonstrated a willingness and com- mitment to improving the postsecondary education enrollment rates of the local edu- cational agency or State, respectively. (b) Grant recipient criteria The recipient of the grant awarded under sub- section (a) shall be a nonprofit organization with demonstrated expertise— (1) in increasing schoolwide postsecondary enrollment rates in low-income communities nationwide by providing curriculum, training, and technical assistance to secondary school staff and student peer influencers; and (2) in a postsecondary education transition data management system. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title VIII, § 808, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3396; amended Pub. L. 111–39, title VIII, § 801(3), July 1, 2009, 123 Stat. 1955.) Editorial Notes AMENDMENTS 2009—Subsec. (a)(1). Pub. L. 111–39 substituted ‘‘sec- tion 1232g of this title (commonly known as the ‘Fam-