§ 1070a-13. Upward bound
(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;
(3)
assistance in preparing for college entrance examinations and completing college admission applications;
(4)
(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;
(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;
(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) of this section 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.
(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.