,,ii #aafth ,,congress #ast ,session ,s4 #aeaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjai,mr4 ,jones 7for himself1 ,ms4 ,klobuchar1 and ,ms4 ,hassan7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,act of #aife to strengthen the future workforce and reduce the cost of postsecondary education by reducing rates of postsecondary remediation4 #a4 ,short title ,this ,act may be cited as the ,promoting ,readiness in ,education to ,prevent ,additional ,remediation and ,expense ,act 4 #b4 ,reducing rates of postsecondary remediation 7a7 ,in general ,part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 is amended-- 7#a7 by redesignating subparts #d1 #e1 #f1 and #g1 as subparts #e1 #f1 #g1 and #h1 respectively2 7#b7 by inserting after subpart #c the following3 #d ,reducing rates of postsecondary remediation #dad;,a4 ,purpose ,the purpose of this subpart is to strengthen the future workforce and reduce the cost of postsecondary education by reducing rates of postsecondary remediation and increasing postsecondary completion rates4 #dad;,b4 ,definitions ,in this subpart3 7#a7 ,advanced coursework ,the term advanced coursework means coursework designed for students to earn postsecondary credit upon its successful completion while still in high school1 such as ,advanced ,placement1 ,international ,baccalaureate1 dual or concurrent enrollment programs1 and early college high school programs4 7#b7 ,co-requisite courses ,the term co-requisite courses means courses designed for college students in need of remediation that combines credit-bearing college-level coursework with supplemental instruction4 7#c7 ,dual or concurrent enrollment program ,the term dual or concurrent enrollment program has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#d7 ,early college high school ,the term early college high school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#e7 ,eligible entity ,the term eligible entity means a partnership that-- 7,a7 shall include-- 7i7 #a local educational agency2 and 7ii7 an institution of higher education or higher education system1 operating in the same ,state as the local educational agency2 and 7,b7 may include-- 7i7 a consortium of entities described in clauses 7i7 and 7ii7 of subparagraph 7,a72 7ii7 a ,state educational agency2 7iii7 a ,state higher education agency2 or 7iv7 a nonprofit or community-based organization1 business1 or public or private entity with a demonstrated record of success in implementing activities under this subpart4 7#f7 ,evidence-based ,the term evidence-based has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#g7 ,first generation college student ,the term first generation college student means-- 7,a7 an individual both of whose parents did not complete a baccalaureate degree2 or 7,b7 in the case of any individual who regularly resided with and received support from only #a parent1 an individual whose only such parent did not complete a baccalaureate degree4 7#h7 ,high-need high school ,the term high-need high school means a secondary school that meets any of the following3 7,a7 ,serves students not less than #ej percent of whom are students who meet either of the following3 7i7 ,meet a measure of poverty as described in section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife4 7ii7 ,are students described in any of the following subclauses3 7,i7 ,racial or ethnic groups that are historically underserved4 7,,ii7 ,children with disabilities1 as defined in section #fjb of the ,individuals with ,disabilities ,education ,act4 7,,iii7 ,english learners1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7,,iv7 ,migratory children1 as defined in section #acji of the ,elementary and ,secondary ,education ,act of #aife4 7,v7 ,homeless children and youths4 7,,vi7 ,students who are in foster care or are aging out of the foster care system4 7,,vii7 ,students with a parent who is a member of the ,armed ,forces 7as defined in section #aja7;a77#d7 of title #aj1 ,united ,states ,code7 on active duty 7as defined in section #aja7;d7 of such title74 7,b7 ,is identified for comprehensive support and improvement under section #aaaa7;c77#d77;,d77i7 of the ,elementary and ,secondary ,education ,act of #aife4 7,c7 ,is implementing a targeted support and improvement plan as described in section #aaaa7;d77#b7 of the ,elementary and ,secondary ,education ,act of #aife4 7#i7 ,high-need institution of higher education ,the term high-need institution of higher education means an institution of higher education with respect to which not less than #ej percent of the undergraduate students enrolled in an academic program leading to a degree are described in any of the following subparagraphs3 7,a7 ,are eligible to receive a ,federal ,pell ,grant under subpart #a4 7,b7 ,come from families that-- 7i7 received benefits under a means-tested ,federal benefit program while the student was enrolled in high school2 or 7ii7 receive benefits under a means-tested ,federal benefit program while the student is enrolled in an undergraduate academic program leading to a degree4 7,c7 ,attended a public or nonprofit private secondary school1 in which the enrollment of children counted under a measure of poverty described in section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife exceeds #dj percent of the total enrollment of such school4 7,d7 ,are first generation college students4 7#aj7 ,high-need local educational agency ,the term high-need local educational agency means a local educational agency-- 7,a7 that serves not fewer than #aj1jjj children from families with incomes below the poverty line2 7,b7 for which not less than #bj percent of the children served by the agency are from families with incomes below the poverty line2 or 7,c7 that is in the highest quartile of local educational agencies in the ,state1 based on student poverty4 7#aa7 ,high school ,the term high school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#ab7 ,historically underrepresented student ,the term historically underrepresented student-- 7,a7 means a student1 or a prospective student1 at an institution of higher education who is at risk of educational failure or otherwise in need of special assistance and support2 and 7,b7 may include an adult learner1 working student1 part-time student1 student from a low-income background1 student of color1 ,native youth1 single parent 7including a single pregnant woman71 student who is a homeless child or youth1 youth who is in1 or has aged out of1 the foster care system1 first-generation college student1 and student with a disability4 7#ac7 ,homeless children and youths ,the term homeless children and youths has the meaning given the term in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 7#ad7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a74 7#ae7 ,low-income individual ,the term low-income individual means an individual from a family whose taxable income for the preceding year did not exceed #aej percent of an amount equal to the poverty level determined by using criteria of poverty established by the ,bureau of the ,census4 7#af7 ,means-tested federal benefit program ,the term means-tested ,federal benefit program means a program of the ,federal ,government1 other than a program under this title1 in which eligibility for the program's benefits or the amount of such benefits is determined on the basis of income or resources of the individual or family seeking the benefit4 7#ag7 ,middle grades ,the term middle grades has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#ah7 ,minority-serving institution ,the term minority-serving institution means an institution described in section #cga7;a74 7#ai7 ,outlying area ,the term outlying area means the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#bj7 ,regular high school diploma ,the term regular high school diploma has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#ba7 ,self-regulated learning ,the term self-regulated learning means learning through teaching students about how they learn and which study strategies are most effective for the individual student4 7#bb7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7#bc7 ,subgroup of students ,the term subgroup of students means-- 7,a7 economically disadvantaged students2 7,b7 students from each major racial and ethnic group2 7,c7 children with disabilities1 as defined in section #fjb of the ,individuals with ,disabilities ,education ,act2 7,d7 ,english learners1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife2 7,e7 students disaggregated by gender2 7,f7 migratory children1 as defined in section #acji of the ,elementary and ,secondary ,education ,act of #aife2 7,g7 homeless children and youths2 7,h7 students who are in foster care or are aging out of the foster care system2 and 7,i7 students with a parent who is a member of the ,armed ,forces 7as defined in section #aja7;a77#d7 of title #aj1 ,united ,states ,code7 on active duty 7as defined in section #aja7;d7 of such title74 7#bd7 ,summer bridge program ,the term summer bridge program means a pre-college program focused on preparing high school students academically and otherwise to attend and succeed in postsecondary education4 #dad;,c4 ,formula grants to ,states 7a7 ,reservations ,from the total amount appropriated under section #dad;,i for a fiscal year1 the ,secretary shall reserve-- 7#a7 one-half of #a percent for allotments for payments to the outlying areas1 to be distributed among those outlying areas on the basis of their relative need1 as determined by the ,secretary1 in accordance with the purpose of this subpart2 7#b7 one-half of #a percent for the ,secretary of the ,interior for programs under this subpart in schools operated or funded by the ,bureau of ,indian ,education2 7#c7 #b percent for technical assistance dissemination1 which may include-- 7,a7 providing1 directly or through grants1 contracts1 or cooperative agreements1 technical assistance by qualified experts on using practices grounded in evidence to improve the outcomes of programs funded under this subpart2 and 7,b7 disseminating information on practices that evidence indicates are successful in improving the quality of remedial education at the postsecondary level2 and 7#d7 #b percent to conduct the evaluation described in section #dad;,f4 7b7 ,state allotments 7#a7 ,grants ,the ,secretary shall award grants to ,states under this section from allotments made under paragraph 7#b74 7#b7 ,allotment 7,a7 ,in general ,subject to subparagraph 7,b7 and subsection 7c71 from the amount appropriated to carry out this subpart for a fiscal year that remains after the ,secretary makes the reservations under subsection 7a71 the ,secretary shall allot to each ,state having a plan approved under subsection 7d71 an amount that bears the same relationship to the remainder as the amount the ,state received under subpart #b of part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife for the preceding fiscal year bears to the amount all ,states received under subpart #b of part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife for the preceding fiscal year4 7,b7 ,small ,state minimum ,no ,state receiving an allotment under this paragraph for a fiscal year shall receive less than one-half of #a percent of the total amount allotted under this paragraph for the fiscal year4 7#c7 ,reallotment ,if a ,state does not receive an allotment under this subpart for a fiscal year1 the ,secretary shall reallot the amount of the ,state's allotment to the remaining ,states in accordance with this subsection4 7c7 ,competition ,if the total amount appropriated under section #dad;,i for a fiscal year is less than #ajj1jjj1jjj1 the ,secretary shall award grants under this section to ,states on a competitive basis4 7d7 ,state plan 7#a7 ,in general ,in order to receive an allotment under this section for any fiscal year1 the ,governor of a ,state shall submit a plan to the ,secretary1 at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7#b7 ,contents ,each plan submitted by a ,governor under this section shall include the following3 7,a7 ,a description of how the ,state will use funds received under this section for ,state-level activities4 7,b7 ,a description of the ,state agency that will be responsible for overseeing the implementation of funds received under this section4 7,c7 ,a description of the statewide strategy to reduce rates of postsecondary remediation and increase rates of first-year postsecondary credit accumulation4 7,d7 ,a description of how the ,state will engage and collaborate with the members of the ,state legislature and ,state board of education 7if the ,state has a ,state board of education71 ,state higher education governing or coordinating entity 7if the ,state has such an entity71 ,state educational agency1 ,state entity that coordinates early-childhood1 elementary1 secondary1 and postsecondary education 7if the ,state has such an entity71 local educational agencies 7including those located in rural areas71 representatives of ,indian ,tribes located in the ,state1 charter school leaders 7if the ,state has charter schools71 civil rights organizations in the ,state1 teachers1 principals1 and other school leaders1 parents1 and students in the fulfillment of activities described in subparagraph 7,e74 7,e7 ,a description of how the ,state will complete1 not later than #c years after the date of the initial receipt of funds under this section1 activities to reduce rates of postsecondary remediation1 which shall include-- 7i7 updating the ,state's requirements for a student to receive a regular high school diploma to align with the challenging ,state academic standards and entrance requirements for credit-bearing coursework as described in section #aaaa7;b77#a77;,d7 of the ,elementary and ,secondary ,education ,act of #aife1 which may include alignment with entrance requirements for credit-bearing coursework at the ,state's system of #d-year institutions of higher education2 7ii7 verification of the alignment described in clause 7i7 that is signified by the signature of the ,governor of the ,state1 chief ,state school officer1 and ,state higher education executive officer2 7iii7 incorporating as school quality and student success indicators into the ,state system of annual meaningful differentiation1 as described under section #aaaa7;c77#d77;,b77v77,i7 of the ,elementary and ,secondary ,education ,act of #aife-- 7,i7 rates of enrollment1 remediation1 and first-year credit-bearing course attainment in programs of public postsecondary education in the ,state2 7,,ii7 to the extent practicable1 rates of enrollment1 and remediation1 and first-year credit-bearing course attainment in programs of private postsecondary education in the ,state or programs of postsecondary education outside of the ,state2 and 7,,iii7 indicators regarding student access to and completion of advanced coursework1 dual or concurrent enrollment programs1 and early college high school programs2 7iv7 developing a formal1 universal statewide articulation agreement among all public institutions of higher education or systems in the ,state1 in which all local educational agencies served by the ,state may participate1 and in which all local educational agencies that are included in an eligible entity shall participate1 that guarantees that-- 7,i7 students who earn postsecondary credit as part of a dual or concurrent enrollment program1 early college high school1 dual credit program1 articulated credit program1 or credit granted on the basis of performance on technical or academic assessments1 be able to transfer such credit to-- 7aa7 any public institution of higher education in the ,state1 and that such credits will count toward meeting specific degree or certificate requirements2 and 7bb7 any private nonprofit institution of higher education that chooses to participate in the articulation agreement2 7,,ii7 all relevant credits are recognized throughout the public system of higher education in the ,state and count as credits earned for both a regular high school diploma and credit for a degree or certificate program at a public institution of higher education in the ,state and at any private nonprofit institution of higher education that chooses to participate2 and 7,,iii7 if a student earns an associate's degree as part of a dual or concurrent enrollment program or early college high school1 that associate's degree1 awarded by the participating institution of higher education in the ,state1 shall be fully acceptable in transfer and credited as the first #b years of a related baccalaureate program at a public institution of higher education in such ,state2 7v7 developing statewide standards for placement in remedial coursework based on multiple indicators1 which may include grade point average1 high school courses completed1 and performance assessments2 7vi7 developing statewide standards for the receipt of postsecondary credit based on performance on ,advanced ,placement and ,international ,baccalaureate exams from public higher education systems in the ,state2 and 7vii7 developing a formal1 universal statewide articulation agreement among all public institutions of higher education in the ,state to facilitate the seamless transfer of credit among such institutions of higher education1 including between #b- and #d-year public institutions of higher education and private nonprofit institutions of higher education if such private nonprofit institutions of higher education choose to participate1 which may include-- 7,i7 common course numbering2 7,,ii7 a general education core curriculum2 and 7,,iii7 management systems regarding course equivalency1 transfer of credit1 and articulation4 7,f7 ,assurances that the ,state will-- 7i7 review existing resources and programs across the ,state and will coordinate any new plans and resources under this subpart with such existing resources and programs2 and 7ii7 monitor the implementation of activities under this subpart and provide technical assistance to eligible entities in carrying out such activities4 7e7 ,reporting ,each ,state receiving a grant under this section shall submit to the ,secretary1 at the end of each grant period1 a report that includes information about the number and amount of subgrants provided to eligible entities1 and any other information as the ,secretary may reasonably require1 including the impact of policies and services provided under this subpart1 disaggregated by each group identified under subgroup of students1 on the number and percentage of students entering1 persisting1 and completing postsecondary education1 including the number and percentage of students with respect to each of the following3 7#a7 ,who enroll in remedial coursework4 7#b7 ,who enroll in and complete remedial coursework4 7#c7 ,who enroll in and complete remedial coursework and successfully complete first-year credit-bearing coursework not later than #af months after the date of enrollment in an institution of higher education4 7f7 ,rule of construction ,nothing in this subpart shall be construed to authorize or permit the ,secretary when promulgating any rule or regulation1 to promulgate any rule or regulation on the development or implementation of the challenging ,state academic standards adopted by a ,state pursuant to the ,elementary and ,secondary ,education ,act of #aife or the requirements for a regular high school diploma that would-- 7#a7 add new requirements that are inconsistent with or outside the scope of this section2 7#b7 add new criteria that are inconsistent with or outside the scope of this section2 or 7#c7 be in excess of statutory authority granted to the ,secretary4 7g7 ,exception ,a ,state shall be ineligible to receive an allotment under this section if the ,state received an allotment under this section for #c fiscal years and has not completed the activities described in subsection 7d77#b77;,e74 #dad;,d4 ,state use of funds 7a7 ,in general ,each ,state that receives an allotment under section #dad;,c for a fiscal year shall-- 7#a7 reserve not less than #hj percent of the allotment to make subgrants to eligible entities under section #dad;,e2 and 7#b7 use the amount made available to the ,state and not reserved under paragraph 7#a7 for activities described in subsection 7b74 7b7 ,state activities ,each ,state that receives an allotment under section #dad;,c shall use the funds available under subsection 7a77#b7 for activities and programs designed to meet the purpose of this subpart1 which may include-- 7#a7 providing monitoring of1 and training1 technical assistance1 and capacity building to1 eligible entities that receive subgrants under section #dad;,e2 7#b7 identifying and eliminating ,state barriers to the coordination and integration of programs1 initiatives1 and funding streams that meet the purpose of this subpart1 so that eligible entities can best coordinate with ,state higher education systems and other agencies1 schools1 and community-based services and programs2 7#c7 supporting the completion of activities described in section #dad;,c7d77#b77;,e72 and 7#d7 supporting eligible entities in providing programs and activities that reduce rates of postsecondary remediation and increase rates of first-year postsecondary credit accumulation1 which may include developing a ,state strategy to pay for advanced coursework opportunities for students attending a high-need high school4 #dad;,e4 ,competitive subgrants to eligible entities 7a7 ,subgrants 7#a7 ,in general ,from the funds reserved by a ,state under section #dad;,d7a77#a71 the ,state shall award subgrants1 on a competitive basis1 to eligible entities to reduce rates of postsecondary remediation4 7#b7 ,administrative costs ,an eligible entity that receives a subgrant under this section may reserve not more than #b percent of the subgrant funds for the direct administrative costs of carrying out the eligible entity's responsibilities under this section4 7#c7 ,duration of awards2 renewability ,a subgrant awarded under this section shall be awarded for a period of not less than #c years and not more than #e years4 ,a ,state may renew a subgrant provided under this section to an eligible entity1 based on the eligible entity's performance during the preceding subgrant period4 7#d7 ,matching requirement ,each eligible entity awarded a subgrant under this section shall provide1 from non-,federal sources1 an amount 7which may be provided in cash or in-kind7 to carry out the activities supported by the subgrant-- 7,a7 in year #a of the subgrant1 equal to #aj percent of the amount of the subgrant2 7,b7 in year #b of the subgrant1 equal to #bj percent of the amount of the subgrant2 7,c7 in year #c of the subgrant1 equal to #cj percent of the amount of the subgrant2 7,d7 in year #d of the subgrant1 equal to #dj percent of the amount of the subgrant2 and 7,e7 in year #e of the subgrant1 equal to #ej percent of the amount of the subgrant4 7#e7 ,waiver ,the ,governor of the ,state or the ,secretary may waive the matching requirement described under paragraph 7#d7 based on a determination that the eligible entity is unable to provide the matching funds due to inadequate financial resources4 7b7 ,application 7#a7 ,in general ,to be eligible to receive a subgrant under this section1 an eligible entity shall submit an application to the ,state at such time1 in such manner1 and containing such information as the ,state may reasonably require4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall include-- 7,a7 a description of the partners that comprise the eligible entity2 and 7,b7 a description of the activities and programming that the eligible entity will carry out under this subpart1 including a description of-- 7i7 how the eligible entity will identify students to be served2 7ii7 how the eligible entity will disseminate information to all students and particularly subgroups of students1 students who would be first-generation college students1 and1 as applicable1 other historically underrepresented students served by the eligible entity1 including their parents1 about the opportunity to participate in activities implemented under this subpart2 7iii7 how funds will be used for activities related to improving high school education to prevent the need for remedial education under subsection 7e72 and 7iv7 how funds will be used for activities related to strengthening remedial education at the postsecondary level under subsection 7f74 7c7 ,priority ,in awarding subgrants under this section1 a ,state shall give priority to applications that-- 7#a7 are submitted by an eligible entity that includes-- 7,a7 a high-need local educational agency2 7,b7 a local educational agency that serves a high-need high school2 7,c7 a high-need institution of higher education2 or 7,d7 a minority-serving institution2 7#b7 include an approach to strengthening remedial education at the postsecondary level that includes co-requisite courses described under subsection 7f7 and not fewer than #b activities described in clauses 7ii7 through 7vii7 of subsection 7f77#a77;,b72 and 7#c7 include an approach to improving high school education to prevent the need for remedial education that includes a sequence of advanced coursework that results in a recognized postsecondary credential1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act4 7d7 ,geographic diversity ,to the extent practicable1 a ,state shall distribute subgrant funds under this section equitably among geographic areas within the ,state1 including urban and rural communities4 7e7 ,activities ,to improve high school education ,to prevent the need for remedial education ,each eligible entity that receives a subgrant under this section shall use a portion of such subgrant funds to develop and implement programs and activities that improve high school education to prevent the need for remedial education at the postsecondary education level and that-- 7#a7 are coordinated with other similar community- and school-based services and programs2 7#b7 identify high school students on track to require postsecondary remediation1 such as by using evidence-based early assessment programs or evidence-based early warning indicator systems2 and 7#c7 shall include programs and activities1 which may include-- 7,a7 advanced coursework2 7,b7 summer bridge programs2 7,c7 enhanced advising or counseling activities1 such as providing course-taking and financial aid guidance as early as the middle grades2 7,d7 additional support for students with disabilities1 ,english learners1 students who are in foster care or are aging out of the foster care system1 and homeless children and youths2 and 7,e7 other evidence-based services as described by the eligible entity4 7f7 ,activities ,to strengthen remedial education at the postsecondary level 7#a7 ,in general ,each eligible entity that receives a subgrant under this section shall use a portion of such subgrant funds to develop and implement programs and activities that strengthen remedial education at the postsecondary level and that-- 7,a7 are coordinated with other similar community-based services and programs2 and 7,b7 shall include programs and activities1 which may include-- 7i7 co-requisite courses2 7ii7 technology-enhanced diagnostics and delivery of remedial education2 7iii7 faculty development to ensure effective instruction2 7iv7 practices to teach self-regulated learning and college success skills2 7v7 enhanced advising or counseling activities2 7vi7 additional supports for students with disabilities1 ,english learners1 students who are in foster care or are aging out of the foster care system1 and homeless students2 and 7vii7 other evidence-based services as described by the eligible entity4 7#b7 ,special rule ,an eligible entity that receives a subgrant under this section shall not use the subgrant funds solely for activities described under paragraph 7#a77;,b77ii74 7g7 ,reporting ,each eligible entity receiving a subgrant under this section shall submit to the ,state and the ,secretary1 at the end of each subgrant period1 a report that includes information about the activities carried out with the subgrant funds4 ,such report shall include any other information as the ,secretary may reasonably require1 including the impact of policies and services provided under this subpart1 disaggregated by each group identified under subgroup of students1 on the number and percentage of students entering1 persisting1 and completing postsecondary education1 including the number and percentage of students with respect to each of the following3 7#a7 ,who enroll in remedial coursework4 7#b7 ,who enroll in and complete remedial coursework4 7#c7 ,who enroll in and complete remedial coursework and successfully complete first-year credit-bearing coursework not later than #af months after the date of enrollment in an institution of higher education4 #dad;,f4 ,evaluation ,the ,secretary1 in partnership with the ,director of the ,institute of ,education ,sciences1 shall contract with a third-party to conduct an independent evaluation not later than ,september #cj1 #bjbf1 and preceded by interim reports1 of the policies and services provided under this subpart1 disaggregated by each group identified under subgroup of students1 including the impact of such policies and services on the number and percentage of students entering1 persisting1 and completing postsecondary education1 including the number and percentage of students with respect to each of the following3 7#a7 ,who enroll in remedial coursework4 7#b7 ,who enroll in and complete remedial coursework4 7#c7 ,who enroll in and complete remedial coursework and successfully complete first-year credit-bearing coursework not later than #af months after the date of enrollment in an institution of higher education4 #dad;,g4 ,supplement1 not supplant ,funds made available under this subpart shall be used to supplement1 and not supplant1 non-,federal funds that would otherwise be used for activities authorized under this subpart4 #dad;,h4 ,maintenance of effort 7a7 ,maintenance of effort required ,a ,state that receives assistance under this subpart shall provide-- 7#a7 for public institutions of higher education in such ,state for any academic year beginning on or after ,july #a1 #bjbj1 an amount that is equal to or greater than the average amount provided for non-capital and non-direct research and development expenses or costs by such ,state to such institutions of higher education during the #e most recent preceding academic years for which satisfactory data are available2 and 7#b7 for private institutions of higher education in such ,state for any academic year beginning on or after ,july #a1 #bjbj1 an amount that is equal to or greater than the average amount provided for student financial aid for paying costs associated with postsecondary education by such ,state to such institutions during the #e most recent preceding academic years for which satisfactory data are available4 7b7 ,adjustments for biennial appropriations ,the ,secretary shall take into consideration any adjustments to the calculations under subsection 7a7 that may be required to accurately reflect funding levels for postsecondary education in ,states with biennial appropriation cycles4 7c7 ,waiver ,the ,secretary may waive the requirements of subsection 7a7 for not more than #b consecutive years1 if the ,secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances1 such as a natural disaster or a precipitous and unforseen decline in the financial resources of a ,state or ,state educational agency1 as appropriate4 7d7 ,violation of maintenance of effort ,notwithstanding any other provision of law1 the ,secretary shall withhold from any ,state that violates subsection 7a7 and does not receive a waiver pursuant to subsection 7c7 any amount that would otherwise be available to the ,state under this subpart until such ,state has made significant efforts to correct such violation1 as determined by the ,secretary4 #dad;,i4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year #bjbj and each of the #e succeeding fiscal years4 4 7b7 ,conforming amendments ,title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 is amended-- 7#a7 in section #djd;,a7c77#b77;,b71 by striking subpart #d and inserting subpart #e2 7#b7 in section #djd;,d7e71 by striking subpart #d and inserting subpart #e2 7#c7 in section #dhj7;f7-- 7,a7 in paragraph 7#b71 by striking subpart #d and inserting subpart #e2 and 7,b7 in paragraph 7#d71 by striking subpart #d and inserting subpart #e2 7#d7 in section #dhc7;a7-- 7,a7 in paragraph 7#a71 by striking subpart #d and inserting subpart #e2 and 7,b7 in paragraph 7#f71 by striking subpart #d and inserting subpart #e2 and 7#e7 in section #dhg-- 7,a7 in subsection 7a71 by striking subpart #d and inserting subpart #e2 and 7,b7 in subsection 7d77#a77;,f71 by striking subpart #d and inserting subpart #e4