      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
    SUBCHAPTER II--TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND 
                              PARTNERSHIPS
 
Sec. 1028. State functions


(a) State assessment

    In order to receive funds under this chapter, a State, not later 
than 2 years after October 7, 1998, shall have in place a procedure to 
identify, and assist, through the provision of technical assistance, 
low-performing programs of teacher preparation within institutions of 
higher education. Such State shall provide the Secretary an annual list 
of such low-performing institutions that includes an identification of 
those institutions at-risk of being placed on such list. Such levels of 
performance shall be determined solely by the State and may include 
criteria based upon information collected pursuant to this subchapter. 
Such assessment shall be described in the report under section 1027(b) 
of this title.

(b) Termination of eligibility

    Any institution of higher education that offers a program of teacher 
preparation in which the State has withdrawn the State's approval or 
terminated the State's financial support due to the low performance of 
the institution's teacher preparation program based upon the State 
assessment described in subsection (a) of this section--
        (1) shall be ineligible for any funding for professional 
    development activities awarded by the Department of Education; and
        (2) shall not be permitted to accept or enroll any student that 
    receives aid under subchapter IV of this chapter and part C of 
    subchapter I of chapter 34 of title 42 in the institution's teacher 
    preparation program.

(c) Negotiated rulemaking

    If the Secretary develops any regulations implementing subsection 
(b)(2) of this section, the Secretary shall submit such proposed 
regulations to a negotiated rulemaking process, which shall include 
representatives of States, institutions of higher education, and 
educational and student organizations.

(Pub. L. 89-329, title II, Sec. 208, as added Pub. L. 105-244, title II, 
Sec. 201, Oct. 7, 1998, 112 Stat. 1634.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original ``this 
Act'', meaning Pub. L. 89-329, as amended, known as the Higher Education 
Act of 1965. For complete classification of this Act to the Code, see 
Short Title note set out under section 1001 of this title and Tables.


                            Prior Provisions

    A prior section 1028, Pub. L. 89-329, title II, Sec. 208, Nov. 8, 
1965, 79 Stat. 1227, required that institutions inform State agencies of 
their activities under the college library resources program, prior to 
the general amendment of this subchapter by Pub. L. 96-374.

                  Section Referred to in Other Sections

    This section is referred to in sections 1027, 1029 of this title.
