[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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