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20 U.S.C. § 1070a–13Upward bound

submitted 34 years ago by Pub. L. 89-329 to r/title-20-EDUCATION · 1,028 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section establishes Upward Bound to build the skills and motivation needed for education beyond high school. It lists required and optional services, participant rules, stipends, special funding, and a rule against an earlier absolute priority.

(a) The Secretary must run Upward Bound to develop skills and motivation for success in education beyond secondary school. (b) Each project must provide tutoring; secondary and postsecondary course advice; help with entrance tests and admission applications; information about all Federal aid programs and benefits, including Pell Grants and loan forgiveness, scholarship resources, and help with aid applications including the FAFSA; guidance on secondary reentry, alternative diploma programs, GED programs, or postsecondary education; and financial and economic literacy education or counseling for students or parents, including financial planning. (c) A project funded for at least two years must add, in the next and later years’ core curriculum, math through precalculus, laboratory science, a foreign language, composition, and literature. (d) Optional services include cultural and academic exposure; career information and activities; on-campus residential programs; mentoring by teachers, counselors, faculty, students, or combinations; work-study exposing youth to careers requiring postsecondary degrees; special math and science preparation for veterans moving to postsecondary education; and specially designed versions of services in (b), (c), or this subsection for limited-English-proficient students, underrepresented groups, students with disabilities, homeless children and youths, foster-care or aging-out students, and other disconnected students. (e) Applications must assure that at least two-thirds of participants are low-income first-generation college students; the remaining participants are low-income, first-generation, or at high risk of academic failure; the institution finds each participant needs academic support to pursue education beyond secondary school; participants completed eight years of elementary education and are ages 13 through 19 unless that limit would defeat this section; and no student is denied because the student enters after ninth grade. (f) Summer stipends may be up to $60 per month for no more than three months, or $300 per month for a work-study position under (d)(5), and may be up to $40 per month during the rest of the year. (g) Congress authorized and appropriated $57 million for each fiscal year 2008 through 2011 for paragraph (2); unused amounts could support technical assistance and administration. Grant authority ended after fiscal year 2011. The money was for four-year grants to Upward Bound projects that received no fiscal-year-2007 assistance but scored above 70. (h) When this subsection took effect, the Secretary could not continue, implement, or enforce the Department of Education’s September 22, 2006 absolute priority, unless a later amendment expressly provided otherwise. The rule was not retroactive; programs and participants selected in the affected cycle could continue without another competition, and entities did not have to apply the priority’s conditions to future participants.
the actual law source: uscode.house.gov ↗public domain
(a) Program authority

The Secretary shall carry out a program to be known as upward bound which shall be designed to generate skills and motivation necessary for success in education beyond secondary school.

(b) Required services

Any project assisted under this section shall provide—

(1)

academic tutoring to enable students to complete secondary or postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;

(2)

advice and assistance in secondary and postsecondary course selection;

(3)

assistance in preparing for college entrance examinations and completing college admission applications;

(4)
(A)

information on 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 1090(a) of this title;

(5)

guidance on and assistance in—

(A)

secondary school reentry;

(B)

alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;

(C)

entry into general educational development (GED) programs; or

(D)

postsecondary education; and

(6)

education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents, including financial planning for postsecondary education.

(c) Additional required services for multiple-year grant recipients

Any project assisted under this section which has received funding for two or more years shall include, as part of the core curriculum in the next and succeeding years, instruction in mathematics through precalculus, laboratory science, foreign language, composition, and literature.

(d) Permissible services

Any project assisted under this section may provide such services as—

(1)

exposure to cultural events, academic programs, and other activities not usually available to disadvantaged youth;

(2)

information, activities, and instruction designed to acquaint youth participating in the project with the range of career options available to the youth;

(3)

on-campus residential programs;

(4)

mentoring programs involving elementary school or secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of such persons;

(5)

work-study positions where youth participating in the project are exposed to careers requiring a postsecondary degree;

(6)

special services, including mathematics and science preparation, to enable veterans to make the transition to postsecondary education; and

(7)

programs and activities as described in subsection (b), subsection (c), or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 11434a of title 42), students who are in foster care or are aging out of the foster care system, or other disconnected students.

(e) Requirements for approval of applications

In approving applications for projects under this section for any fiscal year, the Secretary shall—

(1)

require an assurance that not less than two-thirds of the youths participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;

(2)

require an assurance that the remaining youths participating in the project proposed to be carried out under any application be low-income individuals, first generation college students, or students who have a high risk for academic failure;

(3)

require that there be a determination by the institution, with respect to each participant in such project that the participant has a need for academic support in order to pursue successfully a program of education beyond secondary school;

(4)

require that such participants be persons who have completed 8 years of elementary education and are at least 13 years of age but not more than 19 years of age, unless the imposition of any such limitation would defeat the purposes of this section; and

(5)

require an assurance that no student will be denied participation in a project assisted under this section because the student will enter the project after the 9th grade.

(f) Maximum stipends

Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $60 per month during the summer school recess, for a period not to exceed three months, except that youth participating in a work-study position under subsection (d)(5) may be paid a stipend of $300 per month during the summer school recess, for a period not to exceed three months. Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $40 per month during the remaining period of the year.

(g) Additional funds
(1) Authorization and appropriation

There are authorized to be appropriated, and there are appropriated to the Secretary, from funds not otherwise appropriated, $57,000,000 for each of the fiscal years 2008 through 2011 to carry out paragraph (2), except that any amounts that remain unexpended for such purpose for each of such fiscal years may be available for technical assistance and administration costs for the Upward Bound program. The authority to award grants under this subsection shall expire at the end of fiscal year 2011.

(2) Use of funds

The amounts made available by paragraph (1) shall be available to provide assistance to all Upward Bound projects that did not receive assistance in fiscal year 2007 and that have a grant score above 70. Such assistance shall be made available in the form of 4-year grants.

(h) Absolute priority prohibited in Upward Bound Program

Upon enactment of this subsection and except as otherwise expressly provided by amendment to this section, the Secretary shall not continue, implement, or enforce the absolute priority for the Upward Bound Program published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall not be applied retroactively. In implementing this subsection, the Department shall allow the programs and participants chosen in the grant cycle to which the priority applies to continue their grants and participation without a further recompetition. The entities shall not be required to apply the absolute priority conditions or restrictions to future participants.

Source credit: (Pub. L. 89–329, title IV, § 402C, as added Pub. L. 102–325, title IV, § 402(a)(4), July 23, 1992, 106 Stat. 487; amended Pub. L. 103–208, § 2(b)(10), Dec. 20, 1993, 107 Stat. 2459; Pub. L. 105–244, title IV, § 402(c), Oct. 7, 1998, 112 Stat. 1654; Pub. L. 110–84, title I, § 103, Sept. 27, 2007, 121 Stat. 786; Pub. L. 110–315, title IV, § 403(c), Aug. 14, 2008, 122 Stat. 3199.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 89-329 · 106 Stat. 487
  • 1993Amended · Pub. L. 103-208 · 107 Stat. 2459
  • 1998Amended · Pub. L. 105-244 · 112 Stat. 1654
  • 2007Amended · Pub. L. 110-84 · 121 Stat. 786
  • 2008Amended · Pub. L. 110-315 · 122 Stat. 3199

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-329 on 1992-07-23.

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