Advancing Competency-Based Education Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2608 To amend the Higher Education Act of 1965 to authorize competency-based education demonstration projects. IN THE SENATE OF THE UNITED STATES OCTOBER 16, 2019 Ms. HASSAN introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to authorize competency-based education demonstration projects. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Advancing Com- 4 petency-Based Education Act of 2019’’. 5 SEC. 2. COMPETENCY-BASED EDUCATION DEMONSTRATION 6 PROJECTS. 7 (a) PROJECTS.—Part G of title IV of the Higher 8 Education Act of 1965 (20 U.S.C. 1088 et seq.) is amend- 9 ed by inserting after section 486A the following: 10 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2608 IS ‘‘SEC. 486B. COMPETENCY-BASED EDUCATION DEMONSTRA- 1 TION PROJECTS. 2 ‘‘(a) DEMONSTRATION PROJECTS AUTHORIZED.— 3 The Secretary shall select, in accordance with subsection 4 (d), eligible entities to voluntarily carry out competency- 5 based education demonstration projects for a duration of 6 5 years and receive waivers or other flexibility described 7 in subsection (e) to carry out such projects. 8 ‘‘(b) APPLICATION.— 9 ‘‘(1) IN GENERAL.—Each eligible entity desir- 10 ing to carry out a demonstration project under this 11 section shall submit an application to the Secretary, 12 at such time and in such manner as the Secretary 13 may require. 14 ‘‘(2) OUTREACH.— 15 ‘‘(A) IN GENERAL.—The Secretary shall, 16 prior to any deadline to submit applications 17 under paragraph (1), conduct outreach to insti- 18 tutions, including those described in subpara- 19 graph (B) to provide those institutions with in- 20 formation on the opportunity to apply to carry 21 out a demonstration project under this section. 22 ‘‘(B) INSTITUTIONS.—The institutions de- 23 scribed in this subparagraph are the following: 24 ‘‘(i) Part B institutions (as defined in 25 section 322). 26 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2608 IS ‘‘(ii) Hispanic-serving institutions (as 1 defined in section 502). 2 ‘‘(iii) Tribal Colleges or Universities 3 (as defined in section 316). 4 ‘‘(iv) Alaska Native-serving institu- 5 tions (as defined in section 317(b)). 6 ‘‘(v) Native Hawaiian-serving institu- 7 tions (as defined in section 317(b)). 8 ‘‘(vi) Predominantly Black Institu- 9 tions (as defined in section 318). 10 ‘‘(vii) Asian American and Native 11 American Pacific Islander-serving institu- 12 tions (as defined in section 320(b)). 13 ‘‘(viii) Native American-serving, non- 14 tribal institutions (as defined in section 15 319). 16 ‘‘(ix) Institutions predominately serv- 17 ing adult learners. 18 ‘‘(x) Institutions serving students with 19 special needs. 20 ‘‘(xi) Institutions located in rural 21 areas. 22 ‘‘(3) AMENDMENTS.— 23 ‘‘(A) IN GENERAL.—An eligible entity that 24 has been selected to carry out a demonstration 25 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2608 IS project under this section may submit to the 1 Secretary amendments to the eligible entity’s 2 approved application under paragraph (1), at 3 such time and in such manner as the Secretary 4 may require, which the Secretary shall approve 5 or deny within 30 days of receipt. 6 ‘‘(B) EXPANDING ENROLLMENT.—Not- 7 withstanding the assurance required with re- 8 spect to maximum enrollment under paragraph 9 (4)(N)— 10 ‘‘(i) an eligible entity whose dem- 11 onstration project has been evaluated 12 under subsection (g)(2) not less than 13 twice, may submit to the Secretary an 14 amendment to the eligible entity’s applica- 15 tion under paragraph (1) to increase en- 16 rollment in the project to more than 3,000 17 students, but not more than 5,000 stu- 18 dents, and which shall specify— 19 ‘‘(I) the proposed maximum en- 20 rollment and annual enrollment 21 growth for the project; 22 ‘‘(II) how the eligible entity will 23 successfully carry out the project with 24 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2608 IS such maximum enrollment and enroll- 1 ment growth; and 2 ‘‘(III) any other amendments to 3 the eligible entity’s application under 4 paragraph (1) that are related to such 5 maximum enrollment or enrollment 6 growth; and 7 ‘‘(ii) the Secretary shall determine 8 whether to approve or deny an amendment 9 submitted under clause (i) for a dem- 10 onstration project based on the project’s 11 evaluations under subsection (g)(2). 12 ‘‘(4) CONTENTS.—Each application under para- 13 graph (1) shall include— 14 ‘‘(A) a description of each competency- 15 based education program to be offered by the 16 eligible entity under the demonstration project; 17 ‘‘(B) a description of the alignment of the 18 proposed competency-based education program 19 to the institution’s mission, and evidence of in- 20 stitutional commitment to such program; 21 ‘‘(C) a description of how each program 22 will work with employers and local industry to 23 assess and incorporate competencies that are 24 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2608 IS relevant in the labor market and how the pro- 1 gram aligns with employer needs; 2 ‘‘(D) a description of the proposed aca- 3 demic design, academic and support services, 4 delivery, business, and financial models for the 5 demonstration project, including explanations 6 and supporting documents, including financial 7 statements, and, any revenue-sharing agree- 8 ments with third-party servicers or online pro- 9 gram managers, of how each competency-based 10 education program offered under the dem- 11 onstration project will— 12 ‘‘(i) result in the achievement of com- 13 petencies; 14 ‘‘(ii) differ from standard credit hour 15 approaches, in whole or in part; and 16 ‘‘(iii) result in lower costs or short- 17 ened time to the completion of a certificate 18 or degree; 19 ‘‘(E) a description of how each com- 20 petency-based education program offered under 21 the demonstration project will award academic 22 credit to advance the progress of a student to- 23 ward completion of a certificate or degree that 24 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2608 IS is portable and used by in-demand employers 1 for making employment decisions; 2 ‘‘(F) a description of how each credit-bear- 3 ing competency-based education program of- 4 fered under the demonstration project is aligned 5 with a career pathway; 6 ‘‘(G) a description of the meaningful role 7 of the appropriate instructors of the eligible en- 8 tity in the development, design, implementation, 9 delivery, and evaluation of each such com- 10 petency-based education program; 11 ‘‘(H) a description of how each such com- 12 petency-based education program will provide 13 strong post-enrollment job placement, earnings, 14 and loan repayment outcomes; 15 ‘‘(I) a description of how the eligible entity 16 will facilitate transfer, postsecondary study, and 17 employer understanding by articulating a com- 18 petency-based transcript from a competency- 19 based education program offered under the 20 demonstration project to a credit hour tran- 21 script at another program at the eligible entity 22 and to other institutions of higher education; 23 ‘‘(J) a description of the statutory and reg- 24 ulatory requirements described in subsection (e) 25 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2608 IS for which the eligible entity is seeking a waiver 1 or other flexibility, and why such waiver or 2 flexibility is necessary to carry out the dem- 3 onstration project; 4 ‘‘(K) a description of indicators of a pro- 5 gram’s effectiveness to inform how a third 6 party will reliably assess student learning for 7 each competency-based education program of- 8 fered under the demonstration project; 9 ‘‘(L) a description of how the eligible enti- 10 ty will develop and evaluate the competencies 11 and assessments of student knowledge adminis- 12 tered as part of the demonstration project, in- 13 cluding whether there is a relationship between 14 the competency unit and a traditional credit or 15 clock hour, the average time it takes to earn a 16 competency, how such competencies and assess- 17 ments are aligned with workforce needs and any 18 other considerations the institution made when 19 it developed its unit of competency; 20 ‘‘(M) a description of the proposal for de- 21 termining a student’s Federal student aid eligi- 22 bility under this title for participating in the 23 demonstration project, the award and distribu- 24 tion of such aid, and the safeguards to ensure 25 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2608 IS that students are making satisfactory progress 1 that warrants the disbursement of such aid; 2 ‘‘(N) an assurance that the demonstration 3 project at each eligible entity— 4 ‘‘(i) will enroll a minimum of 25 stu- 5 dents and a maximum of 3,000 students 6 or, in the case of an eligible entity with an 7 application amendment approved under 8 paragraph (3)(B), the maximum enroll- 9 ment approved under such paragraph; 10 ‘‘(ii) will identify and disseminate best 11 practices with respect to the demonstration 12 project to the Secretary and to other eligi- 13 ble entities carrying out a demonstration 14 project under this section; 15 ‘‘(iii) operates under an agreement 16 with the accrediting agency or association 17 of the eligible entity to establish the stand- 18 ards described in subsection (c); and 19 ‘‘(iv) uses available funds solely for 20 purposes of awarding academic credit to el- 21 igible students based on the achievement of 22 competencies and for the related costs or 23 fees of demonstrating the achievement of 24 competencies; 25 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2608 IS ‘‘(O) a description of the population of stu- 1 dents to whom competency-based education 2 under the demonstration project will be offered, 3 including demographic information and prior 4 educational experience, disaggregated by stu- 5 dents who are Federal Pell Grant recipients, 6 students of color, Native students, students 7 with disabilities, students who are veterans or 8 members of the Armed Forces, adult learners, 9 and first generation college students, and how 10 such eligible entity will, when appropriate, ad- 11 dress the specific needs of each such population 12 of students when carrying out the demonstra- 13 tion project; 14 ‘‘(P) a description of outreach and commu- 15 nication activities to students who may benefit 16 under the demonstration project, including 17 those described in subparagraph (O); 18 ‘‘(Q) a description of how the institution is 19 ensuring that students participating in the dem- 20 onstration project will not, on average, be eligi- 21 ble for more or less Federal assistance under 22 this title than such students would have been 23 eligible for under a program measured in credit 24 or clock hours; 25 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2608 IS ‘‘(R) the cost of attendance for each com- 1 petency-based education program offered under 2 the demonstration project, disaggregated by 3 each of the applicable costs or allowances de- 4 scribed in paragraphs (1) through (13) of sec- 5 tion 472, and the estimated amount of the cost 6 of attendance of each such program to be cov- 7 ered by need-based grant aid and merit-based 8 grant aid from Federal, State, institutional, and 9 private sources; 10 ‘‘(S) a description of other competency- 11 based education programs the eligible entity of- 12 fers or plans to offer outside of the demonstra- 13 tion project; 14 ‘‘(T) a description of how the eligible enti- 15 ty will use data to— 16 ‘‘(i) ensure that each competency- 17 based education program under the dem- 18 onstration project meets the benchmarks 19 established in accordance with subsection 20 (c)(2)(E); 21 ‘‘(ii) confirm relevancy of com- 22 petencies in the labor market; and 23 ‘‘(iii) improve each such program; and 24 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2608 IS ‘‘(U) such other elements as the Secretary 1 may require. 2 ‘‘(c) RECOGNITION BY ACCREDITING AGENCY OR AS- 3 SOCIATION.—Unless a program has already been recog- 4 nized as a direct assessment program by the accrediting 5 agency or association of the eligible entity, in order to 6 carry out a competency-based education program under 7 a demonstration project under this section, an eligible en- 8 tity shall include in its application under subsection (b), 9 a letter from the accrediting agency or association of the 10 eligible entity that describes how it will establish and en- 11 force the following standards with respect to such com- 12 petency-based education program: 13 ‘‘(1) Standards for determining whether the eli- 14 gible entity or the program requires students to 15 demonstrate competencies that are— 16 ‘‘(A) capable of being validly and reliably 17 assessed; and 18 ‘‘(B) appropriate in scope and rigor for the 19 award of the relevant certificate or degree. 20 ‘‘(2) Standards for determining whether the eli- 21 gible entity or the program demonstrate— 22 ‘‘(A) the administrative capacity and ex- 23 pertise that will ensure— 24 VerDate Sep 11 2014 01:41 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2608.IS S2608 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 2608 IS ‘‘(i) the validity and reliability of as- 1 sessments of competencies; and 2 ‘‘(ii) good practices in assessment and 3 measurement; 4 ‘‘(B) sufficient educational [Text truncated for display. 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