[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7495 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7495
To amend the Higher Education Act of 1965 to create a demonstration
project for competency-based education and clarify eligible competency-
based education programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 29, 2024
Mr. Grothman (for himself, Ms. Pettersen, and Mr. Owens) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to create a demonstration
project for competency-based education and clarify eligible competency-
based education programs.
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 ``Empowering Learners through
Competency-Based Education Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Competency-based education, in which the measurement of
learning in place of the measurement of time is a
distinguishing feature, is an efficient, effective, and
rigorous form of postsecondary education, the widespread
adoption of which is necessary and desirable as a means of
improving learning outcomes, student success, and reducing the
cost of higher education in the United States, and it is
therefore necessary to clarify the definition of and
requirements for competency-based education so as to facilitate
its application and availability.
(2) Reputable and responsible institutions of higher
education have for many years developed, offered, and
demonstrated the academic rigor, effectiveness, and outcomes of
competency-based education.
(3) An increasing number of institutions of higher
education now seek to develop and offer competency-based
education.
(4) The collection and dissemination of complete and
reliable information respecting the impact of competency-based
education on the quality of learning, employability and
employer acceptance, retention, time to completion, graduation
rates, and cost will significantly enhance the adoption of
competency-based education as an essential component of
postsecondary education in the United States.
(5) It is in the public interest to improve the efficiency
and value of postsecondary education and therefore support the
offering of competency-based education.
SEC. 3. GENERAL DEFINITIONS.
Section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) is
amended by adding at the end the following:
``(25) Competency; competency-based education program.--
``(A) Competency.--The term `competency' means the
knowledge, skill, abilities and behaviors needed for a
particular field of study or work-based context.
``(B) Competency-based education program.--The term
`competency-based education program' means a
postsecondary program, including one defined under
section 481(b)(4), that provides competency-based
education for which the accrediting agency or
association of the institution of higher education
offering such program has approved the program in
accordance with such standards--
``(i) measures academic progress and
credential attainment by the assessment of
student learning in lieu of, or in addition to,
credit or clock hours;
``(ii) measures and assesses such academic
progress and attainment in terms of a student's
mastery of competencies by identifying what
students know through criterion referenced or
performance-based assessment;
``(iii) provides the educational content,
activities, support, and resources necessary to
enable students to develop and attain the
competencies that are required to demonstrate
mastery of such competencies in which
instructors are responsible for providing
academic assistance, when needed; and
``(iv) upon a student's demonstration or
mastery of a set of competencies identified and
required by the institution, leads to or
results in the awarding of a credential.''.
SEC. 4. REPORTING ON COMPETENCY-BASED EDUCATION PROGRAMS.
Section 131 of the Higher Education Act of 1965 (20 U.S.C. 1015) is
amended by adding at the end the following:
``(i) Reporting on competency-based
education programs.--
``(1) Not later than 6 months after the date of enactment
of the Empowering Learners through Competency-Based Education
Act, the Secretary shall, for each institution that has more
than 200 students enrolled in competency-based education
programs in an academic year (as defined in section 481(a)),
collect, verify, and make publicly available on the same data
that is in College Scorecard, or any similar successor website.
``(2) Information on competency-based education programs
conducted under this section as described at paragraph (3) of
this subsection shall be collected by the Secretary for the
purpose of evaluating best practices respecting the
administration of such programs, including effects on student
outcomes, time to credential, total price, and job placement,
and shall annually report to the Congress respecting such
findings.
``(3) For the purposes described in subsections (1) and (2)
of this section, the Secretary shall collect the following
information for each eligible institution offering competency-
based education:
``(A) The tuition and fees of the program and any
other components of student's cost of attendance (as
defined in section 472) that are required for
enrollment.
``(B) The median earnings of students who complete
and do not complete the program.
``(C) The median time to credential.
``(D) The number and percentage of students who
complete a credential within 100 percent, 150 percent,
and 200 percent of the published length of the program.
``(E) The number and percentage of students
completing the program who are employed not later than
180 days and 1 year, respectively, after completing the
eligible program, if available.''.
SEC. 5. DEFINITIONS OF ACADEMIC YEAR AND ELIGIBLE PROGRAM.
Section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088) is
amended--
(1) in subsection (a)(2), by inserting the following:
``(C) For any program of competency-based education
(as defined in section 103 of this Act), the term
`academic year' shall require an equivalent to the
credit and clock hour requirements in subparagraphs (A)
and (B) of this subsection.''; and
(2) for purposes of this Act, the term ``eligible program''
includes a competency-based education program.
SEC. 6. COMPETENCY-BASED EDUCATION DEMONSTRATION PROJECTS.
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 PROJECTS.
``(a) Demonstration Projects Authorized.--The Secretary shall
select, in accordance with subsection (d), eligible entities that
voluntarily seek to carry out competency-based education demonstration
projects for a duration of 5 years and receive waivers or other
flexibility described in subsection (e) to carry out such projects.
``(b) Application.--
``(1) In general.--Each eligible entity desiring to carry
out a demonstration project under this section shall submit an
application to the Secretary, at such time and in such manner
as the Secretary may require.
``(2) Outreach.--The Secretary shall, prior to any deadline
to submit applications under paragraph (1), conduct outreach to
institutions of higher education, in particular to institutions
eligible for programs under titles III and V of this Act, as
well as institutions that predominantly enroll adult learners
or students with disabilities, or are located in rural areas.
``(3) Amendments.--
``(A) In general.--An eligible entity that has been
selected to carry out a demonstration project under
this section may submit to the Secretary amendments to
the eligible entity's approved application under
paragraph (1), at such time and in such manner as the
Secretary may require, which the Secretary shall
approve or deny within 30 days of receipt.
``(B) Expanding enrollment.--Notwithstanding the
assurance required with respect to maximum enrollment
under paragraph (4)(N), an eligible entity whose
demonstration project has been evaluated under
subsection (g)(2) not less than twice, may submit to
the Secretary an amendment to the eligible entity's
application under paragraph (1) to increase enrollment
in the project to more than 3,000 students, but not
more than 5,000 students, and which shall specify--
``(i) the proposed maximum enrollment and
annual enrollment growth for the project;
``(ii) how the eligible entity will
successfully carry out the project with such
maximum enrollment and enrollment growth;
``(iii) any other amendments to the
eligible entity's application under paragraph
(1) that are related to such maximum enrollment
or enrollment growth; and
``(iv) the Secretary shall determine
whether to approve or deny an amendment
submitted under clause (i) for a demonstration
project based on the project's evaluations
under subsection (g)(2).
``(4) Contents.--Each application under paragraph (1) shall
include--
``(A) a description of each competency-based
education program to be offered by the eligible entity
under the demonstration project;
``(B) a description of the alignment of the
proposed competency-based education program to the
institution's mission, and evidence of institutional
commitment to such program;
``(C) a description of how each program will work
with employers and local industry to assess and
incorporate competencies that are relevant in the labor
market and how the program aligns with employer needs;
``(D) a description of the proposed academic
design, academic and support services, delivery,
business, and financial models for the demonstration
project, including explanations and supporting
documents of how each competency-based education
program offered under the demonstration project will--
``(i) result in the achievement of
competencies;
``(ii) differ from standard credit or clock
hour approaches, in whole or in part; and
``(iii) may result in an improvement in one
or more student outcomes metrics described in
subparagraph (R)(i);
``(E) a description of how each competency-based
education program offered under the demonstration
project will award academic credit to advance the
progress of a student toward completion of a
certificate or degree that is used by in-demand
employers for making employment decisions;
``(F) a description of how each competency-based
education program offered under the demonstration
project is aligned with a career pathway (as defined in
section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102)), if applicable;
``(G) a description of the meaningful role of the
appropriate instructors of the eligible entity in the
development, design, implementation, delivery, and
evaluation of each such competency-based education
program;
``(H) a description of how the eligible entity will
facilitate transfer, postsecondary study, and employer
understanding by articulating a competency-based
transcript from a competency-based education program
offered under the demonstration project to a credit or
clock hour transcript at another program at the
eligible entity and to other institutions of higher
education;
``(I) a description of the statutory and regulatory
requirements described in subsection (e) for which the
eligible entity is seeking a waiver or other
flexibility, and why such waiver or flexibility is
necessary to carry out the demonstration project;
``(J) a description of indicators of a program's
effectiveness to inform how a third party will reliably
assess student learning for each competency-based
education program offered under the demonstration
project, if applicable;
``(K) a description of how the eligible entity will
develop and evaluate the competencies and assessments
of student knowledge administered as part of the
demonstration project, including whether there is a
relationship between the competency unit and a
traditional credit or clock hour, the average time it
takes to earn a competency, how such competencies and
assessments are aligned with workforce needs and any
other considerations the institution made when it
developed its unit of competency;
``(L) a description of the proposal for determining
a student's Federal student aid eligibility under this
title for participating in the demonstration project,
the award and distribution of such aid, and the
safeguards to ensure that students are making
satisfactory progress that warrants the disbursement of
such aid;
``(M) an assurance that the demonstration project
at each eligible entity--
``(i) will enroll a minimum of 30 students
and a maximum of 3,000 students or, in the case
of an eligible entity with an application
amendment approved under paragraph (3)(B), the
maximum enrollment approved under such
paragraph;
``(ii) will identify and disseminate best
practices with respect to the demonstration
project to the Secretary and to other eligible
entities carrying out a demonstration project
under this section;
``(iii) operates under an agreement with
the accrediting agency or association of the
eligible entity to establish the standards
described in subsection (c); and
``(iv) uses available funds solely for
purposes of awarding academic credit to
eligible students based on the achievement of
competencies and for the related costs or fees
of demonstrating the achievement of
competencies;
``(N) a description of the population of students
to whom competency-based education under the
demonstration project will be offered, including
demographic information and prior educational
experience, disaggregated by students who are Federal
Pell Grant recipients, the race of the students,
students with disabilities, students who are veterans
or members of the Armed Forces, adult learners, and
first generation college students, and how such
eligible entity will, when appropriate, address the
specific needs of each such population of students when
carrying out the demonstration project;
``(O) a description of how the institution is
ensuring that students participating in the
demonstration project will not, on average, be eligible
for more or less Federal assistance under this title
than such students would have been eligible for under a
program measured in credit or clock hours;
``(P) the cost of attendance for each competency-
based education program offered under the demonstration
project, disaggregated by each of the applicable costs
or allowances described in paragraphs (1) through (13)
of section 472, and the estimated amount of the cost of
attendance of each such program to be covered by need-
based grant aid and merit-based grant aid from Federal,
State, institutional, and private sources; and
``(Q) a description of how the eligible entity will
use data to--
``(i) define and measure student outcomes;
``(ii) ensure that each competency-based
education program under the demonstration
project meets the benchmarks established in
accordance with subsection (d)(2)(E);
``(iii) confirm relevancy of competencies
in the labor market; and
``(iv) improve each such program.
``(c) Recognition by Accrediting Agency or Association.--Unless a
program has already been recognized as a competency-based education
program (including as a direct assessment program) by the accrediting
agency or association of the eligible entity, in order to carry out a
competency-based education program under a demonstration project under
this section, an eligible entity shall include in its application under
subsection (b), a letter from the accrediting agency or association of
the eligible entity that describes how it will establish and enforce
certain standards with respect to such competency-based education
program.
``(d) Selection.--
``(1) In general.--Not later than 12 months after the date
of enactment of the Empowering Learners through Competency-
Based Education Act, the Secretary shall select eligible
entities to carry out an demonstration project under this
section under which at least one competency-based education
program is offered at each eligible entity.
``(2) Considerations.--In selecting eligible entities under
paragraph (1), the Secretary shall--
``(A) consider the number and quality of
applications received;
``(B) consider an eligible entity's--
``(i) ability to successfully execute the
demonstration project as described in the
eligible entity's application under subsection
(b);
``(ii) commitment and ability to
effectively finance the demonstration project;
``(iii) ability to provide administrative
capability and the expertise to evaluate
student progress based on measures other than
credit hours or clock hours;
``(iv) history of compliance with the
requirements of this Act;
``(v) commitment to work with the Secretary
to evaluate the demonstration project and the
impact of the demonstration project under
subsection (g)(2);
``(vi) commitment and ability to assess
student learning through a third party, as
applicable;
``(vii) commitment of the accrediting
agency or association of the eligible entity to
establish and enforce the standards described
in subsection (c); and
``(viii) commitment to collaboration with
an employer to determine how the demonstration
project will meet employer needs;
``(C) ensure the selection of a diverse group of
eligible entities with respect to size, mission,
student population, and geographic distribution;
``(D) not limit the types of programs of study or
courses of study approved for participation in a
demonstration project; and
``(E) not select an eligible entity that, for 1 or
both of the preceding 2 fiscal years--
``(i) was under probation or an equivalent
status from the accrediting agency or
association of the eligible entity; and
``(ii) was under sanction from the
authorization agency of the State in which the
eligible entity is located.
``(e) Waivers and Other Flexibility.--
``(1) In general.--With respect to any eligible entity
selected to carry out a demonstration project under this
section, the Secretary may--
``(A) waive any requirements of the provisions of
law (including any regulations promulgated under such
provisions) listed in paragraph (2) for which the
eligible entity has provided a reason for waiving under
subsection (b)(4)(J); or
``(B) provide other flexibility, but not waive, any
requirements of the provisions of law (including any
regulations promulgated under such provisions) listed
in paragraph (3) for which the eligible entity has
provided a reason with which the Secretary agrees for
such flexibility under subsection (b)(4)(J).
``(2) Provisions eligible for waivers.--The Secretary may
waive the following under paragraph (1)(A):
``(A) Subparagraphs (A) and (B) of section
102(a)(3).
``(B) Section 484(l)(1).
``(3) Provisions eligible for flexibility.--The Secretary
may provide the flexibility described in paragraph (1)(B) with
respect to the requirements under provisions in title I, part F
of this title, or this part, that inhibit the operation of a
competency-based education program, relating to the following:
``(A) Documenting attendance.
``(B) Weekly academic activity.
``(C) Minimum weeks of instructional time.
``(D) Requirements for credit hour or clock hour
equivalencies if an institution proposes a measure
clearly defined in its application that accounts for
the academic intensity of study.
``(E) Requirements for regular and substantive
interaction with the instructor.
``(F) Definitions of the terms `academic year',
`full-time student', `part-time student', `term'
(including `standard term', `non-term', and `non-
standard term'), `satisfactory academic progress',
`educational activity', `program of study', and
`payment period'.
``(G) Methods of disbursing student financial aid
by institutions of higher education selected, as of the
date of enactment of the Empowering Learners through
Competency-Based Education Act, as experimental sites
under section 487A(b)(3) to carry out competency-based
education programs.
``(f) Notification.--Not later than 9 months after the date of
enactment of the Empowering Learners through Competency-Based Education
Act, the Secretary shall make available to the authorizing committees
and the public a list of eligible entities selected to carry out a
demonstration project under this section, which shall include for each
such eligible entity--
``(1) the specific waiver or other flexibility from
statutory or regulatory requirements offered under subsection
(e); and
``(2) a description of the competency-based education
programs, and its associated accreditation standards, to be
offered under the project.
``(g) Evaluation and Report.--
``(1) Evaluation.--The Secretary shall evaluate the
demonstration programs authorized under this section on an
annual basis. Such evaluations specifically shall review--
``(A) the extent to which the institution, has met
the goals set forth in its application to the
Secretary;
``(B) the number and types of students
participating in the programs offered, including the
progress of participating students toward recognized
certificates or degrees and the extent to which
participation in such programs increased;
``(C) issues 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) Report.--No later than 1 year after the conclusion of
the demonstration program, the Secretary shall provide a final
report to the authorizing committees regarding--
``(A) the demonstration programs authorized under
this section;
``(B) the number and types of students receiving
assistance under this title for instruction leading to
a recognized credential, certificate, or degree,
including the progress of such students toward
recognized credential, certificate, and the degree to
which participation in such programs leading to such
certificates increased;
``(C) identified policies that present impediments
to the development and use of competency-based
education; and
``(D) any new understanding of competency and
competency-based education and recommendations on how
the definitions of such terms should be modified.
``(h) Oversight.--In conducting the demonstration program
authorized under this section, the Secretary shall, on a continuing
basis--
``(1) assure compliance of institutions with the
requirements of this title (other than the sections and
regulations that are waived under subsections (b)(2) and
(b)(3)(D)); and
``(2) provide technical assistance;''.
SEC. 7. RULES OF CONSTRUCTION.
Nothing in this Act shall prevent a program that is an eligible
program as of the date of enactment of the Empowering Learners through
Competency-Based Education Act, including an eligible program that met
the requirements of a direct-assessment program under section 481(b)(4)
(as in effect the day before the date of enactment of this Act), from
continuing to be an eligible program during the period that such
program meets the requirements under the Higher Education of Act 1965.
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