[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2513 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2513

  To establish a demonstration project for competency-based education.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2014

Mr. Bennet (for himself, Mr. Isakson, Mrs. Hagan, Mr. Enzi, Mr. Hatch, 
and Mr. Murphy) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To establish a demonstration project 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 2014''.

SEC. 2. COMPETENCY-BASED EDUCATION DEMONSTRATION PROJECT.

    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 PROJECT.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to allow a demonstration project that is 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 
        attainment of high-quality postsecondary degrees and 
        credentials through competency-based education programs; and
            ``(3) to help determine--
                    ``(A) the specific statutory and regulatory 
                requirements that should be altered to provide greater 
                access to competency-based education programs, 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 through degree and 
                credential programs; and
                    ``(C) the appropriate level and distribution 
                methodology of Federal assistance for students enrolled 
                in competency-based education.
    ``(b) Definitions.--In this section:
            ``(1) Competency-based education.--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; and
                    ``(B) includes direct measures of learning, which 
                may include projects, papers, examinations, 
                presentations, performances, and portfolios, and direct 
                measures by others of student learning, in place of, or 
                in addition to, using credit hours or clock hours to 
                measure learning.
            ``(2) Eligible entity.--The term `eligible entity' means 
        any of the following:
                    ``(A) An institution of higher education that--
                            ``(i) is eligible to participate in 
                        programs under this title; and
                            ``(ii) is not an institution described in 
                        subparagraph (A) or (C) of section 102(a)(1).
                    ``(B) A system of institutions described in 
                subparagraph (A).
                    ``(C) A consortium of institutions described in 
                subparagraph (A).
    ``(c) Demonstration Project Authorized.--
            ``(1) In general.--The Secretary shall carry out a 
        competency-based education demonstration project under which 
        the Secretary selects, in accordance with subsection (e), 
        eligible entities to participate and receive waivers described 
        in paragraph (2), in order to enable the eligible entities to 
        offer competency-based education.
            ``(2) Waivers.--
                    ``(A) In general.--The Secretary may waive, for an 
                eligible entity participating in the demonstration 
                project under this section, any requirements, including 
                any regulations promulgated under such provisions, of--
                            ``(i) subsections (a) and (b) of section 
                        481, as such subsections relate to requirements 
                        under this Act for a minimum number of weeks of 
                        instruction; and
                            ``(ii) section 668.32(a)(1)(iii) of title 
                        34, Code of Federal Regulations, as such 
                        section relates to courses leading to teacher 
                        certification.
                    ``(B) Additional requirements eligible for 
                waiver.--
                            ``(i) In general.--In addition to any 
                        waiver authorized under subparagraph (A), the 
                        Secretary may waive any requirements described 
                        in clause (ii) for an eligible entity 
                        participating in the demonstration project 
                        under this section that requests such a waiver 
                        in the application submitted under subsection 
                        (d), if the Secretary determines that the 
                        eligible entity has proposed a rational and 
                        defensible plan for competency-based education 
                        that requires such waiver.
                            ``(ii) Description of additional 
                        requirements.--A requirement described in this 
                        clause is any requirement under this part, part 
                        F, or title I (including any regulations 
                        promulgated under title I) that inhibits the 
                        operation of competency-based education, 
                        including any requirement that relates to--
                                    ``(I) documenting attendance;
                                    ``(II) weekly academic activity;
                                    ``(III) minimum weeks of 
                                instructional time;
                                    ``(IV) credit hour or clock hour 
                                equivalencies;
                                    ``(V) substantive interaction with 
                                faculty; and
                                    ``(VI) the definitions of the terms 
                                `academic year', `full-time student', 
                                `standard term', `non-term', `non-
                                standard term', `term', `satisfactory 
                                academic progress', `educational 
                                activity', `program of study', and 
                                `payment period'.
    ``(d) Application.--
            ``(1) In general.--Each eligible entity desiring to 
        participate in the demonstration project under this section 
        shall submit to the Secretary an application at such time, in 
        such manner, and containing such information as the Secretary 
        shall require.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                    ``(A) a description of the competency-based 
                education to be offered by the eligible entity through 
                the demonstration project, including the portion of the 
                degree or credential to be provided by competency-based 
                education and the amount of time needed for a student 
                participating in the competency-based education program 
                to attain the degree or credential;
                    ``(B) a brief description of the proposed academic 
                delivery, business, and financial models to be used by 
                the eligible entity in the project, including brief 
                explanations of how the entity's approach would result 
                in the achievement and assessment of competencies and 
                how the approach would differ from standard credit hour 
                approaches;
                    ``(C) a description of the statutory and regulatory 
                requirements described in subsection (c)(2) for which a 
                waiver is sought, and the reasons for which each such 
                waiver is sought;
                    ``(D) a description of the entity's proposal for 
                determining a student's Federal student aid eligibility 
                under this title and awarding and distributing such 
                aid, including safeguards to ensure that students are 
                making satisfactory progress that warrants disbursement 
                of such aid, and an explanation of how the proposal 
                ensures that the competency-based education program 
                does not require the expenditure of additional Federal 
                funding beyond what the students are otherwise eligible 
                for under this title;
                    ``(E) a description of the students to whom 
                competency-based education will be offered, including 
                an assurance that the eligible entity will include, by 
                the end of the first calendar year, a minimum of 100 
                and a maximum of 2,000 eligible students as part of the 
                project;
                    ``(F) a description of the goals the entity hopes 
                to achieve through the use of competency-based 
                education;
                    ``(G) a description of how the entity plans to 
                maintain program integrity, and prevent fraud, waste, 
                and abuse, in the student assistance programs under 
                this title;
                    ``(H) an assurance that the entity will fully 
                cooperate with the ongoing evaluations of the 
                demonstration project under subsection (f)(3);
                    ``(I) an assurance that the entity will not require 
                the expenditure of additional Federal funding to 
                implement the project; and
                    ``(J) such other information as the Secretary may 
                require.
    ``(e) Selection.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Advancing Competency-Based Education 
        Demonstration Project Act of 2014, the Secretary shall select 
        not more than 15 eligible entities to participate in the 
        demonstration project under this section.
            ``(2) Considerations.--In selecting eligible entities to 
        participate in the demonstration project under this section, 
        the Secretary shall--
                    ``(A) consider the number and quality of 
                applications received;
                    ``(B) consider the eligible entity's--
                            ``(i) demonstrated quality, as measured 
                        through outcome-based metrics of student 
                        success;
                            ``(ii) ability to successfully execute the 
                        project as described;
                            ``(iii) commitment and ability to 
                        effectively finance a demonstration site as 
                        proposed;
                            ``(iv) demonstrated administrative 
                        capability and expertise to evaluate learning 
                        based on measures other than credit hours or 
                        clock hours;
                            ``(v) commitment to allow random assignment 
                        and collection of school records of eligible 
                        project applicants, if necessary in order to 
                        allow for the evaluation of the impact of the 
                        competency-based education programs supported 
                        under the project, as described in subsection 
                        (f)(2)(B); and
                            ``(vi) commitment to share the defined 
                        competencies and metrics for assessment 
                        developed for the competency-based education 
                        program with the Secretary; and
                    ``(C) ensure the participation of a diverse group 
                of institutions of higher education (including 
                institutions within eligible entities described in 
                subparagraph (B) or (C) of subsection (b)(2)) with 
                respect to size, mission, and geographic distribution 
                of the institutions.
            ``(3) Notification.--Not later than 180 days after the date 
        of enactment of the Advancing Competency-Based Education 
        Demonstration Project Act of 2014, the Secretary shall make 
        available to the authorizing committees and the public a list 
        of the eligible entities selected to participate in the 
        demonstration project under this section. Such list shall 
        include, for each such eligible entity, the specific statutory 
        and regulatory requirements that the Secretary is waiving for 
        the project and a description of the competency-based education 
        courses to be offered.
    ``(f) Evaluations and Reports.--
            ``(1) Eligible entity report.--Each eligible entity that 
        participates in the demonstration project under this section 
        shall prepare and submit to the Secretary an annual report that 
        includes--
                    ``(A) for each student participating in the 
                competency-based education program offered by the 
                eligible entity--
                            ``(i) the number of postsecondary credit 
                        hours the student had earned prior to 
                        enrollment in the program;
                            ``(ii) an identification of whether the 
                        student is participating in the program and 
                        only receiving competency-based education or 
                        participating in the program while also taking 
                        courses offered in credit or clock hours, and 
                        identification of student status as a first-
                        year, second-year, third-year, or fourth-year 
                        student;
                            ``(iii) the period of time between the 
                        admission of the student in the program and the 
                        first assessment of student learning;
                            ``(iv) the percentage of assessments of 
                        student learning that the student passed on the 
                        first attempt, during the period of the 
                        student's participation in the program;
                            ``(v) the percentage of assessments of 
                        student learning that the student passed on the 
                        second attempt, and overall and the average 
                        period of time between the student's first and 
                        second attempts, during the period of the 
                        student's participation in the program; and
                            ``(vi) the number of credits that the 
                        student acquired through the program and the 
                        period of time during which the student 
                        acquired such credits;
                    ``(B) the information reported under subparagraph 
                (A) aggregated for the program;
                    ``(C) the rates of retention in the program for 
                participating students, for each 6-month period of the 
                program; and
                    ``(D) such other information as the Secretary may 
                reasonably require.
            ``(2) Evaluation.--The Secretary shall--
                    ``(A) acting through the Director of the Institute 
                of Education Sciences--
                            ``(i) develop performance measures, 
                        including the measures described in paragraph 
                        (1)(A), to be used by eligible entities 
                        participating in the demonstration project 
                        under this section to ascertain outcome and 
                        progress;
                            ``(ii) evaluate the implementation and 
                        impact of the activities supported under this 
                        section; and
                            ``(iii) identify promising practices 
                        regarding competency-based education and 
                        disseminate research on such practices; and
                    ``(B) annually evaluate the competency-based 
                education program offered by each eligible entity 
                participating in the demonstration project under this 
                section to review--
                            ``(i) the extent to which the eligible 
                        entity has met the goals set forth in its 
                        application under subsection (d), including the 
                        measures of program quality assurance;
                            ``(ii) the number and types of students 
                        participating in the competency-based education 
                        programs offered, including the progress of 
                        participating students toward recognized 
                        degrees and credentials and the extent to which 
                        participation, postsecondary education 
                        retention, postsecondary education completion, 
                        employment after graduation, and debt repayment 
                        increased or decreased for participating 
                        students as compared to the general 
                        postsecondary education student population;
                            ``(iii) obstacles related to student 
                        financial assistance for competency-based 
                        education; and
                            ``(iv) the extent to which statutory or 
                        regulatory requirements not waived under the 
                        demonstration project present difficulties for 
                        students or institutions of higher education.
            ``(3) Annual reports.--The Secretary shall annually prepare 
        and submit to the authorizing committees a report that 
        includes--
                    ``(A) the evaluations of the competency-based 
                education programs required under paragraph (2);
                    ``(B) the number and types of students receiving 
                assistance under this title who participate in 
                competency-based education programs supported under 
                this section;
                    ``(C) the postsecondary education retention and 
                completion rates of students participating in such 
                programs;
                    ``(D) any statutory changes the Secretary would 
                recommend that are designed to support and enhance the 
                expansion of competency-based education; and
                    ``(E) other such measures as determined by the 
                Secretary.
    ``(g) Oversight.--In conducting the demonstration project under 
this section, the Secretary shall, on a continuing basis--
            ``(1) ensure that eligible entities participating in the 
        project comply with the requirements of this title (other than 
        the requirements that are waived under subsection (c)(2));
            ``(2) provide technical assistance;
            ``(3) monitor fluctuations in the student population 
        enrolled in the participating eligible entities; and
            ``(4) consult with appropriate accrediting agencies or 
        associations and appropriate State regulatory authorities 
        regarding the project.''.
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