20 U.S.C. § 1161h — Improving college enrollment by sec-

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- Page 845 TITLE 20—EDUCATION § 1161i–4 ily Educational Rights and Privacy Act of 1974’)’’ for ‘‘the Family Education Rights and Privacy Act of 1974’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. PART I—EARLY CHILDHOOD EDUCATION PROFES- SIONAL DEVELOPMENT AND CAREER TASK FORCE § 1161i. Purpose The purposes of this part are— (1) to improve the quality of the early child- hood education workforce by creating a state- wide early childhood education professional development and career task force for early childhood education program staff, directors, administrators, and faculty; and (2) to create— (A) a coherent system of core com- petencies, pathways to qualifications, cre- dentials, degrees, quality assurances, access, and outreach, for early childhood education program staff, directors, administrators, and faculty that is linked to compensation com- mensurate with experience and qualifica- tions; (B) articulation agreements that enable early childhood education professionals to transition easily among degrees; and (C) compensation initiatives for individ- uals working in an early childhood edu- cation program that reflect the individuals’ credentials, degrees, and experience. (Pub. L. 89–329, title VIII, § 811, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3397.) § 1161i–1. Definition of early childhood education program In this part, the term ‘‘early childhood edu- cation program’’ means— (1) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program or an Indian Head Start program; (2) a State licensed or regulated child care program; or (3) a State prekindergarten program or a program authorized under section 619 [20 U.S.C. 1419] or part C [20 U.S.C. 1431 et seq.] of the Individuals with Disabilities Education Act, that serves children from birth through age six and that addresses the children’s cog- nitive (including language, early literacy, and pre-numeracy), social, emotional, and physical development. (Pub. L. 89–329, title VIII, § 812, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3398.) Editorial Notes REFERENCES IN TEXT The Head Start Act, referred to in par. (1), is sub- chapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables. The Individuals with Disabilities Education Act, re- ferred to in par. (3), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified gen- erally to subchapter III (§ 1431 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. § 1161i–2. Grants authorized (a) In general From the amounts appropriated under section 1161i–7 of this title, the Secretary is authorized to award grants to States in accordance with the provisions of this part to enable such States— (1) to establish a State Task Force described in section 1161i–3 of this title; and (2) to support activities of the State Task Force described in section 1161i–4 of this title. (b) Competitive basis Grants under this part shall be awarded on a competitive basis. (c) Equitable geographic distribution In awarding grants under this part, the Sec- retary shall take into consideration providing an equitable geographic distribution of such grants. (d) Duration Grants under this part shall be awarded for a period of five years. (Pub. L. 89–329, title VIII, § 813, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3398.) § 1161i–3. State Task Force establishment (a) State Task Force established The Governor of a State receiving a grant under this part shall establish, or designate an existing entity to serve as, the State Early Childhood Education Professional Development and Career Task Force (hereafter in this part re- ferred to as the ‘‘State Task Force’’). (b) Membership The State Task Force shall include a rep- resentative of a State agency, an institution of higher education (including an associate or a baccalaureate degree granting institution of higher education), an early childhood education program, a nonprofit early childhood organiza- tion, a statewide early childhood workforce scholarship or supplemental initiative, the State Head Start collaboration director, and any other entity or individual the Governor de- termines appropriate. (Pub. L. 89–329, title VIII, § 814, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3398.) § 1161i–4. State Task Force activities (a) Activities The State Task Force shall— (1) coordinate and communicate regularly with the State Advisory Council on Early Care