HR 4207 IH

To award grants in order to establish longitudinal personal college readiness and savings online platforms for low-income students.

March 19, 2012

Mr. FATTAH introduced the following bill; which was referred to the Committee on Education and the Workforce

To award grants in order to establish longitudinal personal college readiness and savings online platforms for low-income students.

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 ‘American Dream Accounts Act of 2012’.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Only 9.8 out of every 100 individuals from low-income families will graduate from an institution of higher education before reaching the age of 24.

(2) Lack of knowledge about how to apply to, and pay for, an institution of higher education is a barrier for many low-income students and students who would be in the first generation in their families to attend an institution of higher education.

(3) According to Public Agenda, most young adults give secondary school counselors fair or poor ratings for advice about attending an institution of higher education, including advice about how to decide what institution of higher education to attend, how to pay for higher education, what careers to pursue, and how to apply to an institution of higher education.

(4) More than 1,700,000 students fail to file the Free Application for Federal Student Aid (FAFSA), and about one-third of such students would qualify for a Federal Pell Grant.

(5) During the last 2 decades, costs of attending institutions of higher education have increased dramatically, but need-based financial aid has not kept pace with such increasing costs.

(6) In the 1990-1991 school year, the maximum Federal Pell Grant covered 45 percent of the average cost of attendance at a public 4-year institution of higher education (including tuition, fees, room, and board), but in the 2010-2011 school year, the maximum Federal Pell Grant covered only 34 percent of such cost.

(7) Parental and youth college savings are strong predictors of a youth’s expectations about attendance at an institution of higher education.

(8) Only 32 percent of parents who earn less than $35,000 a year are saving for their child’s education at an institution of higher education.

(9) According to the Center for Social Development, ‘wilt’ occurs when a young person who expects to graduate from a 4-year institution of higher education has not yet attended such institution by the ages of 19 to 22.

(10) Children who have savings dedicated for attendance at an institution of higher education are 4 times more likely to attend a 4-year institution of higher education and avoid ‘wilt’.

SEC. 3. DEFINITIONS.

In this Act:

(1) ESEA DEFINITIONS- The terms ‘local educational agency’, ‘parent’, ‘State educational agency’, and ‘Secretary’ shall have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) and the term ‘charter school’ shall have the meaning given the term in section 5210 of such Act.

(2) AMERICAN DREAM ACCOUNT- The term ‘American Dream Account’ means a personal online account for low-income students that monitors higher education readiness and includes a college savings account.

(3) APPROPRIATE COMMITTEES OF CONGRESS- The term ‘appropriate committees of Congress’ means the Committee on Health, Education, Labor, and Pensions, the Committee on Appropriations, and the Committee on Finance of the Senate, and the Committee on Education and the Workforce, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, as well as any other Committee of the Senate or House of Representatives that the Secretary determines appropriate.

(4) COLLEGE SAVINGS ACCOUNT- The term ‘college savings account’ means a savings account that--

(A) provides some tax-preferred accumulation;

(B) is widely available (such as Qualified Tuition Programs under section 529 of the Internal Revenue Code of 1986 or Coverdell Education Savings Accounts under section 530 of the Internal Revenue Code of 1986); and

(C) contains funds that may be used only for the costs associated with attending an institution of higher education, including--

(i) tuition and fees;

(ii) room and board;

(iii) textbooks;

(iv) supplies and equipment; and

(v) Internet access.

(5) DUAL ENROLLMENT PROGRAM- The term ‘dual enrollment program’ means an academic program through which a secondary school student is able simultaneously to earn credit toward a secondary school diploma and a postsecondary degree or credential.

(6) ELIGIBLE ENTITY- The term ‘eligible entity’ means--

(A) a State educational agency;

(B) a local educational agency;

(C) a charter school;

(D) an institution of higher education;

(E) a nonprofit organization;

(F) an entity with demonstrated experience in educational savings or in assisting low-income students to prepare for, and attend, an institution of higher education; or

(G) a consortium of 2 or more of the entities described in subparagraphs (A) through (F).

(7) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(8) LOW-INCOME STUDENT- The term ‘low-income student’ means a student who is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

SEC. 4. GRANT PROGRAM.

(a) Program Authorized- The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable such eligible entities to establish and administer American Dream Accounts for a group of low-income students.

(b) Reservation- From the amount appropriated each fiscal year to carry out this Act, the Secretary shall reserve not more than 5 percent of such amount to carry out the evaluation activities described in section 7(a).

(c) Duration- A grant awarded under this Act shall be for a period of not more than 3 years. The Secretary may extend such grant for an additional 2-year period if the Secretary determines that the eligible entity has demonstrated significant progress, based on the factors described in section 5(b)(10).

SEC. 5. APPLICATIONS; PRIORITY.

(a) In General- Each eligible entity desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(b) Contents- At a minimum, the application described in subsection (a) shall include the following:

(1) A description of the characteristics of a group of not less than 30 low-income public school students who--

(A) are, at the time of the application, attending a grade not higher than grade 9; and

(B) will, under the grant, receive an American Dream Account.

(2) A description of how the eligible entity will engage, and provide support (such as tutoring and mentoring for students, and training for teachers and other stakeholders) either online or in person, to--

(A) the students in the group described in paragraph (1);

(B) the family members and teachers of such students; and

(C) other stakeholders such as school administrators and school counselors.

(3) An identification of partners who will assist the eligible entity in establishing and sustaining American Dream Accounts.

(4) A description of what experience the eligible entity or the eligible entity’s partners have in managing college savings accounts, preparing low-income students for postsecondary education, managing online systems, and teaching financial literacy.

(5) A demonstration that the eligible entity has sufficient resources to provide an initial deposit into the college savings account portion of each American Dream Account.

(6) A description of how the eligible entity will help increase the value of the college savings account portion of each American Dream Account, such as by providing matching funds or incentives for academic achievement.

(7) A description of how the eligible entity will notify each participating student in the group described in paragraph (1), on a semiannual basis, of the current balance and status of the student’s college savings account portion of the student’s American Dream Account.

(8) A plan that describes how the eligible entity will monitor participating students in the group described in paragraph (1) to ensure that each student’s American Dream Account will be maintained if a student in such group changes schools before graduating from secondary school.

(9) A plan that describes how the American Dream Accounts will be managed for not less than 1 year after a majority of the students in the group described in paragraph (1) graduate from secondary school.

(10) A description of how the eligible entity will encourage students in the group described in paragraph (1) who fail to graduate from secondary school to continue their education.

(11) A description of how the eligible entity will evaluate the grant program, including by collecting, as applicable, the following data about the students in the group described in paragraph (1) during the grant period, and, if sufficient grant funds are available, after the grant period:

(A) Attendance rates.

(B) Progress reports.

(C) Grades and course selections.

(D) The student graduation rate, as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)).

(E) Rates of student completion of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090).

(F) Rates of enrollment in an institution of higher education.

(G) Rates of completion at an institution of higher education.

(12) A description of what will happen to the funds in the college savings account portion of the American Dream Accounts that are dedicated to participating students described in paragraph (1) who have not matriculated at an institution of higher education at the time of the conclusion of the period of American Dream Account management described in paragraph (8).

(13) A description of how the eligible entity will ensure that funds in the college savings account portion of the American Dream Accounts will not make families ineligible for public assistance.

(14) A description of how the eligible entity will ensure that participating students described in paragraph (1) will have access to the Internet.

(c) Priority- In awarding grants under this Act, the Secretary shall give priority to applications from eligible entities that--

(1) are described in section 3(6)(G);

(2) serve the largest number of low-income students; or

(3) in the case of an eligible entity described in subparagraphs (A) or (B) of section 3(6), provide opportunities for participating students described in paragraph (1) to participate in a dual enrollment program at no cost to the student.

SEC. 6. AUTHORIZED ACTIVITIES.

(a) In General- An eligible entity that receives a grant under this Act shall use such grant funds to establish an American Dream Account for each participating student described in section 5(b)(1), which will be used to--

(1) open a college savings account for such student;

(2) monitor the progress of such student online, which--

(A) shall include monitoring student data relating to--

(i) grades and course selections;

(ii) progress reports; and

(iii) attendance and disciplinary records; and

(B) may also include monitoring student data relating to a broad range of information, provided by teachers and family members, related to postsecondary education readiness, access, and completion;

(3) provide opportunities for such students, either online or in person, to learn about financial literacy, including by--

(A) assisting such students in financial planning for enrollment in an institution of higher education; and

(B) assisting such students in identifying and applying for financial aid (such as loans, grants, and scholarships) for an institution of higher education;

(4) provide opportunities for such students, either online or in person, to learn about preparing for enrollment in an institution of higher education, including by providing instruction to students about--

(A) choosing the appropriate courses to prepare for postsecondary education;

(B) applying to an institution of higher education;

(C) building a student portfolio, which may be used when applying to an institution of higher education;

(D) selecting an institution of higher education;

(E) choosing a major for the student’s postsecondary program of education or a career path; and

(F) adapting to life at an institution of higher education; and

(5) provide opportunities for such students, either online or in person, to identify skills or interests, including career interests.

(b) Access to American Dream Account-

(1) IN GENERAL- Subject to paragraphs (3) and (4), and in accordance with applicable Federal laws and regulations relating to privacy of information and the privacy of children, an eligible entity that receives a grant under this Act shall allow vested stakeholders, as described in paragraph (2), to have secure access, through the Internet, to an American Dream Account.

(2) VESTED STAKEHOLDERS- The vested stakeholders that an eligible entity shall permit to access an American Dream Account are individuals (such as the student’s teachers, school counselors, counselors at an institution of higher education, school administrators, or other individuals) that are designated, in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), by the parent of a participating student in whose name such American Dream Account is held, as having permission to access the account. A student’s parent may withdraw such designation from an individual at any time.

(3) EXCEPTION FOR COLLEGE SAVINGS ACCOUNT- An eligible entity that receives a grant under this Act shall not be required to give vested stakeholders, as described in paragraph (2), access to the college savings account portion of a student’s American Dream Account.

(4) ADULT STUDENTS- Notwithstanding paragraphs (1), (2), and (3), if a participating student is age 18 or older, an eligible entity that receives a grant under this Act shall not provide access to such participating student’s American Dream Account without the student’s consent, in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).

(5) INPUT OF STUDENT INFORMATION- Student data collected pursuant to subsection (a)(2)(A) shall be entered into an American Dream Account only by a school administrator or such administrator’s designee.

(c) Prohibition on Use of Student Information- An eligible entity that receives a grant under this Act shall not use any student-level information or data for the purpose of soliciting, advertising, or marketing any financial or non-financial consumer product or service that is offered by such eligible entity, or on behalf of any other person.

(d) Prohibition on the Use of Grant Funds- An eligible entity shall not use grant funds provided under this Act to provide the initial deposit into a college savings account portion of a student’s American Dream Account.

SEC. 7. REPORTS AND EVALUATIONS.

(a) In General- Not later than 1 year after the Secretary has disbursed grants under this Act, and annually thereafter until each grant disbursed under section 4 has ended, the Secretary shall prepare and submit a report to the appropriate committees of Congress, which shall include an evaluation of the effectiveness of the grant program established under this Act.

(b) Contents- The report described in subsection (a) shall--

(1) list the grants that have been awarded under section 4(a);

(2) include the number of students who have an American Dream Account established through a grant awarded under section 4(a);

(3) provide data (including the interest accrued on college savings accounts that are part of an American Dream Account) in the aggregate, regarding students who have an American Dream Account established through a grant awarded under section 4(a), as compared to similarly situated students who do not have an American Dream Account;

(4) identify best practices developed by the eligible entities receiving grants under this Act;

(5) identify any issues related to student privacy and stakeholder accessibility to American Dream Accounts;

(6) provide feedback from participating students and the parents of such students about the grant program, including--

(A) the impact of the program;

(B) aspects of the program that are successful;

(C) aspects of the program that are not successful; and

(D) any other data required by the Secretary; and

(7) provide recommendations for expanding the American Dream Accounts program.

SEC. 8. ELIGIBILITY TO RECEIVE FEDERAL STUDENT FINANCIAL AID.

Notwithstanding any other provision of law, any funds that are in the college savings account portion of a student’s American Dream Account shall not affect such student’s eligibility to receive Federal student financial aid, including any Federal student financial aid under the Higher Education Act of 1965 (20 U.S.C. 1001), and shall not be considered in determining the amount of any such Federal student aid.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this Act $3,000,000 for fiscal year 2013, from existing Department of Education funds, and such sums as may be necessary for each subsequent fiscal year.

SEC. 10. CONFORMING AMENDMENT.

Section 480(j) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended by adding at the end the following:

‘(5) Notwithstanding paragraph (1), amounts made available under the college savings account portion of an American Dream Account under the American Dream Accounts Act of 2012 shall not be treated as estimated financial assistance for purposes of section 471(3).’