Text: S.580 — 101st Congress (1989-1990)All Information (Except Text)

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--S.580--
S.580
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To require institutions of higher education receiving Federal financial
assistance to provide certain information with respect to the graduation
rates of student-athletes at such institutions.
 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 `Student Right-To-Know and Campus Security Act'.
TITLE I--STUDENT RIGHT-TO-KNOW
SEC. 101. SHORT TITLE.
 This title may be cited as the `Student Right-To-Know Act'.
SEC. 102. FINDINGS.
 The Congress finds that--
 (1) education is fundamental to the development of individual citizens and
 the progress of the Nation as a whole;
 (2) there is increasing concern among citizens, educators, and public
 officials regarding the academic performance of students at institutions
 of higher education;
 (3) a recent study by the National Institute of Independent Colleges and
 Universities found that just 43 percent of students attending 4-year public
 colleges and universities and 54 percent of students entering private
 institutions graduated within 6 years of enrolling;
 (4) the academic performance of student athletes, especially student athletes
 receiving football and basketball scholarships, has been a source of great
 concern in recent years;
 (5) more than 10,000 athletic scholarships are provided annually by
 institutions of higher education;
 (6) prospective students and prospective student athletes should be aware
 of the educational commitments of an institution of higher education; and
 (7) knowledge of graduation rates would help prospective students and
 prospective student athletes make an informed judgment about the educational
 benefits available at a given institution of higher education.
SEC. 103. ADDITIONAL GENERAL DISCLOSURE REQUIREMENTS RELATING TO COMPLETION
OR GRADUATION.
 (a) DISCLOSURE OF COMPLETION OR GRADUATION RATES- Section 485(a)(1) of the
 Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)) (in this Act referred
 to as the `Act') is amended--
 (1) by striking `and' at the end of subparagraph (J);
 (2) by striking the period at the end of subparagraph (K) and inserting `;
 and'; and
 (3) by adding at the end thereof the following new subparagraph:
 `(L) the completion or graduation rate of certificate- or degree-seeking,
 full-time students entering such institutions.'.
 (b) CONSTRUCTION OF DISCLOSURE REQUIREMENTS- Section 485(a) of such Act
 (42 U.S.C. 1092(a)) is further amended by inserting after paragraph (2)
 the following new paragraph:
 `(3) In calculating the completion or graduation rate under subparagraph
 (L) of paragraph (1) of this subsection or under subsection (e), a student
 shall be counted as a completion or graduation if, within 150 percent of
 the normal time for completion  of or graduation from the program, the
 student has completed or graduated from the program, or enrolled in any
 program of an eligible institution for which the prior program provides
 substantial preparation. The information required to be disclosed under
 such subparagraph--
 `(A) shall be available beginning on July 1, 1993, and each year thereafter
 to current and prospective students prior to enrolling or entering into
 any financial obligation;
 `(B) shall cover the one-year period ending on June 30 of the preceding
 year; and
 `(C) shall be updated not less than biennially.
 `(4) For purposes of this section, institutions may exclude from the
 information disclosed in accordance with subparagraph (L) of paragraph (1)
 the completion or graduation rates of students who leave school to serve
 in the armed services, on official church missions, or with a recognized
 foreign aid service of the Federal Government.'.
 (c) ANALYSIS OF POTENTIAL INSTITUTIONAL OUTCOMES- (1) In conjunction with
 representatives of institutions of higher education, the Secretary shall
 analyze the feasibility and desirability of making available to students
 and potential students--
 (A) the completion or graduation rate of individuals at an institution
 broken down by program or field of study;
 (B) the completion or graduation rate of an institution reported by individual
 schools or academic divisions within the institution;
 (C) the rate at which individuals who complete or graduate from the program
 of an institution pass applicable licensure or certification examinations
 required for employment in a particular vocation, trade, or professional
 field;
 (D) the rate at which individuals who complete or graduate from an
 occupationally specific program and who enter the labor market following
 completion of or graduation from such a program obtain employment in the
 occupation for which they are trained; and
 (E) other institutional outcomes that may be appropriate.
 (2) In calculating the completion or graduation rate under paragraph (1), a
 student shall be counted as a completion or graduation if, within 150 percent
 of the normal time for completion  of or graduation from the program, the
 student has completed or graduated from the program, or enrolled in any
 program of an eligible institution for which the prior program provides
 substantial preparation.
 (d) REPORT- The Secretary shall submit a report to the appropriate committees
 of Congress before August 1, 1991 on the analysis conducted pursuant to
 subsection (c).
SEC. 104. REPORTING REQUIREMENTS FOR INSTITUTIONS OF HIGHER EDUCATION.
 (a) AMENDMENT- Section 485 of the Act (20 U.S.C. 1092) (as amended by
 section 103) is further amended by adding at the end thereof the following
 new subsection:
 `(e) DISCLOSURES REQUIRED WITH RESPECT TO ATHLETICALLY RELATED STUDENT AID-
 (1) Each institution of higher education which participates in any program
 under this title and is attended by students receiving athletically related
 student aid shall annually submit a report to the Secretary which contains--
 `(A) the number of students at the institution of higher education who
 received athletically related student aid broken down by race and sex in
 the following sports: basketball, football, baseball, cross country/track,
 and all other sports combined;
 `(B) the number of students at the institution of higher education, broken
 down by race and sex;
 `(C) the completion or graduation rate for students at the institution of
 higher education who received athletically related student aid broken down
 by race and sex in the following sports: basketball, football, baseball,
 cross country/track and all other sports combined;
 `(D) the completion or graduation rate for students at the institution of
 higher education, broken down by race and sex;
 `(E) the average completion or graduation rate for the 4 most recent
 completing or graduating classes of students at the institution of higher
 education who received athletically related student aid broken down by
 race and sex in the following categories: basketball, football, baseball,
 cross country/track, and all other sports combined; and
 `(F) the average completion or graduation rate for the 4 most recent
 completing or graduating classes of students at the institution of higher
 education broken down by race and sex.
 `(2) When an institution described in paragraph (1) of this subsection
 offers a potential student athlete athletically related student aid, such
 institution shall provide to the student and his parents, his guidance
 counselor, and coach the information contained in the report submitted by
 such institution pursuant to paragraph (1).
 `(3) For purposes of this subsection, institutions may exclude from the
 reporting requirements under paragraphs (1) and (2) the completion or
 graduation rates of students and student athletes who leave school to serve
 in the armed services, on official church missions, or with a recognized
 foreign aid service of the Federal Government.
 `(4) Each institution of higher education described in paragraph (1) may
 provide supplemental information to students and the Secretary showing
 the completion or graduation rate when such completion or graduation rate
 includes students transferring into and out of such institution.
 `(5) The Secretary, using the reports submitted under this subsection,
 shall compile and publish a report containing the information required
 under paragraph (1) broken down by--
 `(A) individual institutions of higher education; and
 `(B) athletic conferences recognized by the National Collegiate Athletic
 Association and the National Association of Intercollegiate Athletics.
 `(6) The Secretary shall waive the requirements of this subsection for any
 institution of higher education that is a member of an athletic association
 or athletic conference that has voluntarily published completion or graduation
 rate data or has agreed to publish data that, in the opinion of the Secretary,
 is substantially comparable to the information required under this subsection.
 `(7) The Secretary, in conjunction with the National Junior College Athletic
 Association, shall develop and obtain data on completion or graduation rates
 from two-year colleges that award athletically related student aid. Such
 data shall, to the extent practicable, be consistent with the reporting
 requirements set forth in this section.
 `(8) For purposes of this subsection, the term `athletically related student
 aid' means any scholarship, grant, or other form of financial assistance
 the terms of which require the recipient to participate in a program of
 intercollegiate athletics at an institution of higher education in order
 to be eligible to receive such assistance.'.
 (b) EFFECTIVE DATE- The amendments made by this section shall take effect
 July 1, 1992, except that the first report to the Secretary of Education
 shall be due on July 1, 1993.
SEC. 105. ANALYSIS OF ATHLETIC ACTIVITY REVENUES.
 (a) IN GENERAL- The Secretary, in conjunction with institutions of higher
 education and collegiate athletic associations, shall analyze the feasibility
 of and make recommendations regarding a requirement that institutions of
 higher education compile and report on the revenues derived and expenditures
 made (per sport) by such institutions' athletic department and intercollegiate
 athletic activities.
 (b) REPORTS- The Secretary shall prepare a report on the activities described
 in subsection (a) and transmit such report to the appropriate committees
 of Congress before April 1, 1991.
TITLE II--CRIME AWARENESS AND CAMPUS SECURITY
SEC. 201. SHORT TITLE.
 This title may be cited as the `Crime Awareness and Campus Security Act
 of 1990'.
SEC. 202. FINDINGS.
 The Congress finds that--
 (1) the reported incidence of crime, particularly violent crime, on some
 college campuses has steadily risen in recent years;
 (2) although annual `National Campus Violence Surveys' indicate that roughly
 80 percent of campus crimes are committed by a student upon another student
 and that approximately 95 percent of the campus crimes that are violent
 are alcohol- or drug-related, there are currently no comprehensive data on
 campus crimes;
 (3) out of 8,000 postsecondary institutions participating in Federal student
 aid programs, only 352 colleges and universities voluntarily provide crime
 statistics directly through the Uniform Crime Report of the Federal Bureau
 of Investigation, and other institutions report data indirectly, through
 local police agencies or States, in a manner that does not permit campus
 statistics to be separated;
 (4) several State legislatures have adopted or are considering legislation
 to require reporting of campus crime statistics and dissemination of security
 practices and procedures, but the bills are not uniform in their requirements
 and standards;
 (5) students and employees of institutions of higher education should be
 aware of the incidence of crime on campus and policies and procedures to
 prevent crime or to report occurrences of crime;
 (6) applicants for enrollment at a college or university, and their
 parents, should have access to information about the crime statistics of
 that institution and its security policies and procedures; and
 (7) while many institutions have established crime preventive measures to
 increase the safety of campuses, there is a clear need--
 (A) to encourage the development on all campuses of security policies
 and procedures;
 (B) for uniformity and consistency in the reporting of crimes on campus; and
 (C) to encourage the development of policies and procedures to address
 sexual assaults and racial violence on college campuses.
SEC. 203. DISCLOSURE OF DISCIPLINARY PROCEEDING OUTCOMES TO CRIME VICTIMS.
 Section 438(b) of the General Education Provisions Act (20 U.S.C. 1232g(b))
 is amended by adding at the end thereof the following new paragraph:
 `(6) Nothing in this section shall be construed to prohibit an institution
 of postsecondary education from disclosing, to an alleged victim of any
 crime of violence (as that term is defined in section 16 of title 18, United
 States Code), the results of any disciplinary proceeding conducted by such
 institution against the alleged perpetrator of such crime with respect to
 such crime.'.
SEC. 204. DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS.
 (a) DISCLOSURE REQUIREMENTS- Section 485 of the Act (20 U.S.C. 1092)
 (as amended by sections 103 and 104) is further amended by adding at the
 end thereof the following new subsection:
 `(f) DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS- (1)
 Each eligible institution participating in any program under this title shall
 on September 1, 1991, begin to collect the following information with respect
 to campus crime statistics and campus security policies of that institution,
 and beginning September 1, 1992, and each year thereafter, prepare, publish,
 and distribute, through appropriate publications or mailings, to all current
 students and employees, and to any applicant for enrollment or employment
 upon request, an annual security report containing at least the following
 information with respect to the campus security policies and campus crime
 statistics of that institution:
 `(A) A statement of current campus policies regarding procedures and
 facilities for students and others to report criminal actions or other
 emergencies occurring on campus and policies concerning the institution's
 response to such reports.
 `(B) A statement of current policies concerning security and access to campus
 facilities, including campus residences, and security considerations used
 in the maintenance of campus facilities.
 `(C) A statement of current policies concerning campus law enforcement,
 including--
 `(i) the enforcement authority of security personnel, including their
 working relationship with State and local police agencies; and
 `(ii) policies which encourage accurate and prompt reporting of all crimes
 to the campus police and the appropriate police agencies.
 `(D) A description of the type and frequency of programs designed to inform
 students and employees about campus security procedures and practices and
 to encourage students and employees to be responsible for their own security
 and the security of others.
 `(E) A description of programs designed to inform students and employees
 about the prevention of crimes.
 `(F) Statistics concerning the occurrence on campus, during the most recent
 school year, and during the 2 preceding school years for which data are
 available, of the following criminal offenses reported to campus security
 authorities or local police agencies--
 `(i) murder;
 `(ii) rape;
 `(iii) robbery;
 `(iv) aggravated assault;
 `(v) burglary; and
 `(vi) motor vehicle theft.
 `(G) A statement of policy concerning the monitoring and recording through
 local police agencies of criminal activity at off-campus student organizations
 which are recognized by the institution and that are engaged in by students
 attending the institution, including those student organizations with
 off-campus housing facilities.
 `(H) Statistics concerning the number of arrests for the following crimes
 occurring on campus:
 `(i) liquor law violations;
 `(ii) drug abuse violations; and
 `(iii) weapons possessions.
 `(I) A statement of policy regarding the possession, use, and sale of
 alcoholic beverages and enforcement of State underage drinking laws and
 a statement of policy regarding the possession, use, and sale of illegal
 drugs and enforcement of Federal and State drug laws and a description of
 any drug or alcohol abuse education programs as required under section 1213
 of this Act.
 `(2) Nothing in this subsection shall be construed to authorize the Secretary
 to require particular policies, procedures, or practices by institutions
 of higher education with respect to campus crimes or campus security.
 `(3) Each institution participating in any program under this title shall
 make timely reports to the campus community on crimes considered to be a
 threat to other students and employees described in paragraph (1)(F) that
 are reported to campus security or local law police agencies. Such reports
 shall be provided to students and employees in a manner that is timely and
 that will aid in the prevention of similar occurrences.
 `(4) Upon the request of the Secretary, each institution participating
 in any program under this title shall submit to the Secretary a copy of
 the statistics required to be made available under paragraphs (1)(F) and
 (1)(H). The Secretary shall--
 `(A) review such statistics and report to the Committee on Education and
 Labor of the House of Representatives and the Committee on Labor and Human
 Resources of the Senate on campus crime statistics by September 1, 1995; and
 `(B) in coordination with representatives of institutions of higher education,
 identify exemplary campus security policies, procedures, and practices and
 disseminate information concerning those policies, procedures, and practices
 that have proven effective in the reduction of campus crime.
 `(5)(A) For purposes of this subsection, the term `campus' includes--
 `(i) any building or property owned or controlled by the institution of
 higher education within the same reasonably contiguous geographic area and
 used by the institution in direct support of, or related to its educational
 purposes; or
 `(ii) any building or property owned or controlled by student organizations
 recognized by the institution.
 `(B) In cases where branch campuses of an institution of higher education,
 schools within an institution of higher education, or administrative
 divisions within an institution are not within a reasonably contiguous
 geographic area, such entities shall be considered separate campuses for
 purposes of the reporting requirements of this section.
 `(6) The statistics described in paragraphs (1)(F) and (1)(H) shall
 be compiled in accordance with the definitions used in the uniform
 crime reporting system of the Department of Justice, Federal Bureau of
 Investigation, and the modifications in such definitions as implemented
 pursuant to the Hate Crime Statistics Act.'.
 (c) EFFECTIVE DATES- The amendments made by this section shall take effect
 on September 1, 1991, except that the requirement of section 485(f)(1)
 (F) and (H) of the Higher Education Act of 1965 (as added by this section)
 shall be applied to require statistics with respect to school years preceding
 the date of enactment of this Act only to the extent that data concerning
 such years is reasonably available.
SEC. 205. PROGRAM PARTICIPATION AGREEMENT REQUIREMENTS.
 Section 487(a) of the Act (20 U.S.C. 1094(a)) is amended by adding at the
 end thereof the following new paragraph:
 `(12) The institution certifies that--
 `(A) the institution has established a campus security policy; and
 `(B) the institution has complied with the disclosure requirements of
 section 485(f).'.
TITLE III--CALCULATION OF DEFAULT RATES
SEC. 301. CALCULATION OF DEFAULT RATES.
 Section 435 of the Act (20 U.S.C. 1085) is amended--
 (1) in subsection (l), by striking out `The term' and inserting in lieu
 thereof `Except as provided in subsection (m), the term'; and
 (2) in subsection (m), by inserting immediately after the first sentence
 the following: `In determining the number of students who default before
 the end of such fiscal year, the Secretary shall include only loans for
 which the Secretary or a guaranty agency has paid claims for insurance,
 and, in calculating the cohort default rate, exclude any loans which,
 due to improper servicing or collection, would result in an inaccurate or
 incomplete calculation of the cohort default rate.'.
TITLE IV--CONFORMING REGULATIONS
SEC. 401. CONFORMING REGULATIONS.
 (a) IN GENERAL- The Secretary is authorized to issue regulations to carry
 out the provisions of this Act.
 (b) SUSPENSION- Subparagraphs (c) through (f) of section 668.44 of title 34,
 Code of Federal Regulations, are suspended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.