12 2 STA T .3 1 95PUBLIC LA W 11 0– 315 — AU G .1 4, 200 8ber e vi e wa b l eb y a n y of fi c erore mp loyee of th e D epartment other than the S ecretary .‘ ‘ ( vi )FUNDI N GOFAP P L I C A T ION SW IT H C ER TAIN AD J USTED SCORES. —T othee x tent fea s ible base d on the availability of appropriations , the Secretary shall f u nd applications with scores that are ad j usted upward under clauses (ii), (iii), and (iv) to e q ual or exceed the minimum cut off score for the applicable g rant competition. ’ ’
( 3 ) in subsection (e)— ( A ) by stri k ing ‘‘(g)( 2 )’’ each place it appears and inserting ‘‘(h)( 4 )’’; and ( B ) by adding at the end the following new paragraph
‘‘(3) N otwithstanding this subsection and subsection (h)(4), individuals who are foster care youth (including youth in foster care and youth who have left foster care after reaching age 1 3), or homeless children and youths as defined in section 7 2 5 of the M c K inney -V ento H omeless Assistance Act, shall be eligible to participate in programs under sections 4 0 2B, 402 C , 402D, and 402F.’’; (4) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; (5) by inserting after subsection (e) the following: ‘‘(f) O UTCO M E CRITERIA.— ‘‘(1) U SE FOR PRIOR E X PERIENCE DETERMINATION.—For com- petitions for grants under this chapter that begin on or after J anuary 1, 200 9 , the Secretary shall determine an eligible entity’s prior experience of high quality service delivery, as required under subsection (c)(2), based on the outcome criteria described in paragraphs (2) and (3). ‘‘(2) DISAGGREGATION OF RELE V ANT DATA.—The outcome criteria under this subsection shall be disaggregated by low- income students, first generation college students, and individ- uals with disabilities, in the schools and institutions of higher education served by the program to be evaluated. ‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The outcome cri- teria under this subsection shall measure, annually and for longer periods, the quality and effectiveness of programs authori z ed under this chapter and shall include the following: ‘‘(A) For programs authorized under section 402B, the extent to which the eligible entity met or exceeded the entity’s objectives established in the entity’s application for such program regarding— ‘‘(i) the delivery of service to a total number of students served by the program; ‘‘(ii) the continued secondary school enrollment of such students; ‘‘(iii) the graduation of such students from sec- ondary school with a regular secondary school diploma in the standard number of years; ‘‘(iv) the completion by such students of a rigorous secondary school program of study that will make such students eligible for programs such as the Academic Competitiveness G rants P rogram; ‘‘(v) the enrollment of such students in an institu- tion of higher education; and
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