[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3136 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3136

  To establish a demonstration program for competency-based education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2013

  Mr. Salmon (for himself, Mr. Polis, Mrs. Brooks of Indiana, and Mr. 
   Andrews) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To establish a demonstration program for competency-based education.

    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 ``Advancing Competency-Based Education 
Demonstration Project Act of 2013''.

SEC. 2. DISTANCE EDUCATION DEMONSTRATION PROGRAMS.

    Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1088 et seq.) is amended by inserting after section 486A the following:

``SEC. 486B. COMPETENCY-BASED EDUCATION DEMONSTRATION PROGRAMS.

    ``(a) Purpose.--It is the purpose of this section--
            ``(1) to allow demonstration programs that are monitored by 
        the Secretary to explore ways of delivering education and 
        disbursing student financial aid that are based on learning 
        rather than time;
            ``(2) to potentially lower cost and reduce the time to 
        degree in the attainment of higher education degrees through 
        competency-based programs; and
            ``(3) to help determine--
                    ``(A) the specific statutory and regulatory 
                requirements which should be altered to provide greater 
                access to competency-based education, which may be 
                independent of or combined with traditional credit hour 
                or clock hour programs;
                    ``(B) the most effective means of delivering 
                competency-based education via degree programs; and
                    ``(C) the appropriate level and distribution 
                methodology of Federal assistance for students enrolled 
                in competency-based education.
            ``(4) Definition.--For the purpose of this section, the 
        term `competency-based education' means an educational process 
        that--
                    ``(A) is characterized by the measurement of 
                learning as opposed to the measurement of instructional 
                and learning time;
                    ``(B) uses direct assessment of student learning, 
                or recognizes the direct assessment by others of 
                student learning, in place of or in addition to using 
                credit hours or clock hours; and
                    ``(C) includes direct measures of learning, 
                including projects, papers, examinations, 
                presentations, performances, and portfolios.
    ``(b) Demonstration Programs Authorized.--
            ``(1) In general.--In accordance with the provisions of 
        subsection (d), the Secretary is directed to select 
        institutions of higher education, systems of such institutions, 
        or consortia of such institutions for voluntary participation 
        in a Competency-Based Education Demonstration Program that 
        provides participating institutions with the ability to offer 
        competency-based education that do not meet all or a portion of 
        the requirements of the sections or regulations described in 
        paragraph (2).
            ``(2) Waivers.--The Secretary is authorized to waive for 
        any institution of higher education, system, or consortium 
        participating in a Competency-Based Education Demonstration 
        Program, the requirements of sections 481(a) and 481(b) as such 
        sections relate to requirements for a minimum number of weeks 
        of instruction, sections 102(a)(3)(A), 102(a)(3)(B), and 
        484(l)(1), section 668.32(a)(1)(iii) of title 34, Code of 
        Federal Regulations, as it relates to courses leading to 
        teacher certification, or one or more of the regulations 
        prescribed under this part or part F which inhibit the 
        operation of competency-based education. In addition to the 
        waivers described above, for institutions that propose a 
        rational and defensible plan for competency-based education and 
        for the waivers being sought, the Secretary may waive any of 
        the requirements under sections (and corresponding regulations) 
        in title I, part F of this title, and this part, that inhibit 
        the operation of competency-based education, including 
        requirements that relate to--
                    ``(A) documenting attendance;
                    ``(B) weekly academic activity;
                    ``(C) minimum weeks of instructional time;
                    ``(D) requirements for credit hour/clock hour 
                equivalencies;
                    ``(E) requirements for substantive interaction with 
                faculty; and
                    ``(F) definitions of the terms `academic year', 
                `full-time student', `term' (including `standard term', 
                `non-term', and `non-standard term'), `satisfactory 
                academic progress' (SAP), `educational activity', 
                `program of study', and `payment period'.
            ``(3) Eligible applicants.--
                    ``(A) Eligible institutions.--Except as provided in 
                subparagraph (B), to be eligible to participate in the 
                demonstration program authorized under this section an 
                institution shall be--
                            ``(i) an institution of higher education 
                        that is eligible to participate in programs 
                        under this title; or
                            ``(ii) an institution that has been 
                        approved to offer direct assessment programs 
                        under section 481(b)(4).
                    ``(B) Prohibition.--An institution of higher 
                education described in section 102(a)(1)(C) shall not 
                be eligible to participate in the demonstration program 
                authorized under this section.
    ``(c) Application.--
            ``(1) In general.--Each institution, system of 
        institutions, or consortium of institutions desiring to 
        participate in a demonstration program under this section shall 
        submit an application to the Secretary.
            ``(2) Contents.--Each application shall include--
                    ``(A) a description of the competency-based 
                education to be offered;
                    ``(B) a brief description of the proposed academic 
                delivery, business, and financial models, including 
                brief explanations of how this approach would result in 
                the achievement of competencies and how it would differ 
                from standard credit hour approaches;
                    ``(C) a description of the statutory and regulatory 
                requirements described in subsection (b)(2) for which a 
                waiver is sought and the reasons for which each such 
                waiver is sought;
                    ``(D) a description of the proposal for determining 
                a student's Federal student aid eligibility, the award 
                and distribution of aid, and safeguards to ensure that 
                students are making satisfactory progress that warrants 
                disbursement of such aid;
                    ``(E) a description of the students to whom 
                competency-based education will be offered, including 
                an assurance that the institution, system, or 
                consortium will include a minimum of 100 and a maximum 
                of 3,000 eligible students as part of the program;
                    ``(F) a description of the goals the institution, 
                system, or consortium hopes to achieve through the use 
                of competency-based education;
                    ``(G) a description of how the institution, system, 
                or consortium plans to maintain program integrity;
                    ``(H) an assurance that the institution, system, or 
                consortium will offer full cooperation with the ongoing 
                evaluations of the demonstration program provided for 
                in this section and will not require the expenditure of 
                additional Federal funding to implement the project; 
                and
                    ``(I) such other information as the Secretary may 
                require.
    ``(d) Selection.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this section, the Secretary shall select for 
        participation in the Competency-Based Education Demonstration 
        Program not more than 20 institutions, systems of institutions, 
        or consortia of institutions.
            ``(2) Considerations.--In selecting institutions, systems, 
        or consortia to participate in the demonstration program, the 
        Secretary shall--
                    ``(A) consider the number and quality of 
                applications received;
                    ``(B) consider an institution's, system's, or 
                consortium's--
                            ``(i) demonstrated ability to successfully 
                        execute the program as described;
                            ``(ii) commitment and ability to 
                        effectively finance a demonstration site as 
                        proposed; and
                            ``(iii) demonstrated administrative 
                        capability and the expertise to evaluate 
                        learning based on measures other than credit 
                        hours or clock hours; and
                    ``(C) ensure the participation of a diverse group 
                of institutions (including institutions within systems 
                and consortia of institutions) with respect to size, 
                mission, and geographic distribution of the 
                institutions.
    ``(e) Notification.--Not later than 6 months after the date of 
enactment of this section, the Secretary shall make available to the 
authorizing committees and the public a list of institutions, systems, 
and consortia selected to participate in the demonstration program 
authorized by this section. Such list shall include, for each such 
institution, system, or consortium, the specific statutory and 
regulatory requirements being waived and a description of the 
competency-based education courses to be offered.
    ``(f) Evaluations and Reports.--
            ``(1) Evaluation.--The Secretary shall annually evaluate 
        each of the demonstration programs authorized under this 
        section. Such evaluations shall review--
                    ``(A) the extent to which the institution, system, 
                or consortium has met the goals set forth in its 
                application to the Secretary, including the measures of 
                program quality assurance;
                    ``(B) the number and types of students 
                participating in the programs offered, including the 
                progress of participating students toward recognized 
                degrees and the extent to which participation and 
                retention in such programs increased;
                    ``(C) obstacles related to student financial 
                assistance for competency-based education; and
                    ``(D) the extent to which statutory or regulatory 
                requirements not waived under the demonstration program 
                present difficulties for students or institutions.
            ``(2) Annual report.--The Secretary shall annually provide 
        to the authorizing committees a report on--
                    ``(A) the evaluations of the demonstration programs 
                required under paragraph (1);
                    ``(B) the number and types of students receiving 
                assistance under this title for competency-based 
                education programs;
                    ``(C) the retention and completion rates of 
                students participating in such programs; and
                    ``(D) any proposed statutory changes designed to 
                support and enhance the expansion of competency-based 
                education.
    ``(g) Oversight.--In conducting the demonstration program 
authorized under this section, the Secretary shall, on a continuing 
basis--
            ``(1) assure compliance of institutions, systems, and 
        consortia with the requirements of this title (other than the 
        sections and regulations that are waived under subsection 
        (b)(2));
            ``(2) provide technical assistance;
            ``(3) monitor fluctuations in the student population 
        enrolled in the participating institutions, systems, and 
        consortia; and
            ``(4) consult with appropriate accrediting agencies or 
        associations and appropriate State regulatory authorities.
    ``(h) Additional Funds Not Authorized.--No additional funds are 
authorized to be appropriated for any fiscal year to carry out this 
section.''.
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