I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Advancing Com5 petency-Based Education Demonstration Project Act of 

6 2013’’. 


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1 SEC. 2. DISTANCE EDUCATION DEMONSTRATION PRO2 GRAMS. 

3 Part G of title IV of the Higher Education Act of 

4 1965 (20 U.S.C. 1088 et seq.) is amended by inserting 

5 after section 486A the following: 

6 ‘‘SEC. 486B. COMPETENCY-BASED EDUCATION DEMONSTRA7 TION PROGRAMS. 

8 ‘‘(a) PURPOSE.—It is the purpose of this section— 

9 ‘‘(1) to allow demonstration programs that are 

10 monitored by the Secretary to explore ways of deliv11 ering education and disbursing student financial aid 

12 that are based on learning rather than time; 

13 ‘‘(2) to potentially lower cost and reduce the 

14 time to degree in the attainment of higher education 

15 degrees through competency-based programs; and 

16 ‘‘(3) to help determine— 

17 ‘‘(A) the specific statutory and regulatory 

18 requirements which should be altered to provide 

19 greater access to competency-based education, 

20 which may be independent of or combined with 

21 traditional credit hour or clock hour programs; 

22 ‘‘(B) the most effective means of delivering 

23 competency-based education via degree pro24 grams; and 


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1 ‘‘(C) the appropriate level and distribution 

2 methodology of Federal assistance for students 

3 enrolled in competency-based education. 

4 ‘‘(4) DEFINITION.—For the purpose of this sec5 tion, the term ‘competency-based education’ means 

6 an educational process that— 

7 ‘‘(A) is characterized by the measurement 

8 of learning as opposed to the measurement of 

9 instructional and learning time; 

10 ‘‘(B) uses direct assessment of student 

11 learning, or recognizes the direct assessment by 

12 others of student learning, in place of or in ad13 dition to using credit hours or clock hours; and 

14 ‘‘(C) includes direct measures of learning, 

15 including projects, papers, examinations, pres16 entations, performances, and portfolios. 

17 ‘‘(b) DEMONSTRATION PROGRAMS AUTHORIZED.— 

18 ‘‘(1) IN GENERAL.—In accordance with the pro19 visions of subsection (d), the Secretary is directed to 

20 select institutions of higher education, systems of 

21 such institutions, or consortia of such institutions 

22 for voluntary participation in a Competency-Based 

23 Education Demonstration Program that provides 

24 participating institutions with the ability to offer 

25 competency-based education that do not meet all or 


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1 a portion of the requirements of the sections or reg2 ulations described in paragraph (2). 

3 ‘‘(2) WAIVERS.—The Secretary is authorized to 

4 waive for any institution of higher education, sys5 tem, or consortium participating in a Competency6 Based Education Demonstration Program, the re7 quirements of sections 481(a) and 481(b) as such 

8 sections relate to requirements for a minimum num9 ber of weeks of instruction, sections 102(a)(3)(A), 

10 102(a)(3)(B), and 484(l)(1), section 

11 668.32(a)(1)(iii) of title 34, Code of Federal Regula12 tions, as it relates to courses leading to teacher cer13 tification, or one or more of the regulations pre14 scribed under this part or part F which inhibit the 

15 operation of competency-based education. In addi16 tion to the waivers described above, for institutions 

17 that propose a rational and defensible plan for com18 petency-based education and for the waivers being 

19 sought, the Secretary may waive any of the require20 ments under sections (and corresponding regula21 tions) in title I, part F of this title, and this part, 

22 that inhibit the operation of competency-based edu23 cation, including requirements that relate to— 

24 ‘‘(A) documenting attendance; 

25 ‘‘(B) weekly academic activity; 


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1 ‘‘(C) minimum weeks of instructional time; 

2 ‘‘(D) requirements for credit hour/clock 

3 hour equivalencies; 

4 ‘‘(E) requirements for substantive inter5 action with faculty; and 

6 ‘‘(F) definitions of the terms ‘academic 

7 year’, ‘full-time student’, ‘term’ (including 

8 ‘standard term’, ‘non-term’, and ‘non-standard 

9 term’), ‘satisfactory academic progress’ (SAP), 

10 ‘educational activity’, ‘program of study’, and 

11 ‘payment period’. 

12 ‘‘(3) ELIGIBLE APPLICANTS.— 

13 ‘‘(A) ELIGIBLE INSTITUTIONS.—Except as 

14 provided in subparagraph (B), to be eligible to 

15 participate in the demonstration program au16 thorized under this section an institution shall 

17 be— 

18 ‘‘(i) an institution of higher education 

19 that is eligible to participate in programs 

20 under this title; or 

21 ‘‘(ii) an institution that has been ap22 proved to offer direct assessment programs 

23 under section 481(b)(4). 

24 ‘‘(B) PROHIBITION.—An institution of 

25 higher education described in section 


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1 102(a)(1)(C) shall not be eligible to participate 

2 in the demonstration program authorized under 

3 this section. 

4 ‘‘(c) APPLICATION.— 

5 ‘‘(1) IN GENERAL.—Each institution, system of 

6 institutions, or consortium of institutions desiring to 

7 participate in a demonstration program under this 

8 section shall submit an application to the Secretary. 

9 ‘‘(2) CONTENTS.—Each application shall in10 clude— 

11 ‘‘(A) a description of the competency-based 

12 education to be offered; 

13 ‘‘(B) a brief description of the proposed 

14 academic delivery, business, and financial mod15 els, including brief explanations of how this ap16 proach would result in the achievement of com17 petencies and how it would differ from standard 

18 credit hour approaches; 

19 ‘‘(C) a description of the statutory and 

20 regulatory requirements described in subsection 

21 (b)(2) for which a waiver is sought and the rea22 sons for which each such waiver is sought; 

23 ‘‘(D) a description of the proposal for de24 termining a student’s Federal student aid eligi25 bility, the award and distribution of aid, and 


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1 safeguards to ensure that students are making 

2 satisfactory progress that warrants disburse3 ment of such aid; 

4 ‘‘(E) a description of the students to whom 

5 competency-based education will be offered, in6 cluding an assurance that the institution, sys7 tem, or consortium will include a minimum of 

8 100 and a maximum of 3,000 eligible students 

9 as part of the program; 

10 ‘‘(F) a description of the goals the institu11 tion, system, or consortium hopes to achieve 

12 through the use of competency-based education; 

13 ‘‘(G) a description of how the institution, 

14 system, or consortium plans to maintain pro15 gram integrity; 

16 ‘‘(H) an assurance that the institution, 

17 system, or consortium will offer full cooperation 

18 with the ongoing evaluations of the demonstra19 tion program provided for in this section and 

20 will not require the expenditure of additional 

21 Federal funding to implement the project; and 

22 ‘‘(I) such other information as the Sec23 retary may require. 

24 ‘‘(d) SELECTION.— 


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1 ‘‘(1) IN GENERAL.—Not later than 6 months 

2 after the date of enactment of this section, the Sec3 retary shall select for participation in the Com4 petency-Based Education Demonstration Program 

5 not more than 20 institutions, systems of institu6 tions, or consortia of institutions. 

7 ‘‘(2) CONSIDERATIONS.—In selecting institu8 tions, systems, or consortia to participate in the 

9 demonstration program, the Secretary shall— 

10 ‘‘(A) consider the number and quality of 

11 applications received; 

12 ‘‘(B) consider an institution’s, system’s, or 

13 consortium’s— 

14 ‘‘(i) demonstrated ability to success15 fully execute the program as described; 

16 ‘‘(ii) commitment and ability to effec17 tively finance a demonstration site as pro18 posed; and 

19 ‘‘(iii) demonstrated administrative ca20 pability and the expertise to evaluate learn21 ing based on measures other than credit 

22 hours or clock hours; and 

23 ‘‘(C) ensure the participation of a diverse 

24 group of institutions (including institutions 

25 within systems and consortia of institutions) 


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1 with respect to size, mission, and geographic 

2 distribution of the institutions. 

3 ‘‘(e) NOTIFICATION.—Not later than 6 months after 

4 the date of enactment of this section, the Secretary shall 

5 make available to the authorizing committees and the pub6 lic a list of institutions, systems, and consortia selected 

7 to participate in the demonstration program authorized by 

8 this section. Such list shall include, for each such institu9 tion, system, or consortium, the specific statutory and reg10 ulatory requirements being waived and a description of the 

11 competency-based education courses to be offered. 

12 ‘‘(f) EVALUATIONS AND REPORTS.— 

13 ‘‘(1) EVALUATION.—The Secretary shall annu14 ally evaluate each of the demonstration programs 

15 authorized under this section. Such evaluations shall 

16 review— 

17 ‘‘(A) the extent to which the institution, 

18 system, or consortium has met the goals set 

19 forth in its application to the Secretary, includ20 ing the measures of program quality assurance; 

21 ‘‘(B) the number and types of students 

22 participating in the programs offered, including 

23 the progress of participating students toward 

24 recognized degrees and the extent to which parVerDate Mar 15 2010 23:16 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3136.IH H3136

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1 ticipation and retention in such programs in2 creased; 

3 ‘‘(C) obstacles related to student financial 

4 assistance for competency-based education; and 

5 ‘‘(D) the extent to which statutory or regu6 latory requirements not waived under the dem7 onstration program present difficulties for stu8 dents or institutions. 

9 ‘‘(2) ANNUAL REPORT.—The Secretary shall 

10 annually provide to the authorizing committees a re11 port on— 

12 ‘‘(A) the evaluations of the demonstration 

13 programs required under paragraph (1); 

14 ‘‘(B) the number and types of students re15 ceiving assistance under this title for com16 petency-based education programs; 

17 ‘‘(C) the retention and completion rates of 

18 students participating in such programs; and 

19 ‘‘(D) any proposed statutory changes de20 signed to support and enhance the expansion of 

21 competency-based education. 

22 ‘‘(g) OVERSIGHT.—In conducting the demonstration 

23 program authorized under this section, the Secretary 

24 shall, on a continuing basis— 


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1 ‘‘(1) assure compliance of institutions, systems, 

2 and consortia with the requirements of this title 

3 (other than the sections and regulations that are 

4 waived under subsection (b)(2)); 

5 ‘‘(2) provide technical assistance; 

6 ‘‘(3) monitor fluctuations in the student popu7 lation enrolled in the participating institutions, sys8 tems, and consortia; and 

9 ‘‘(4) consult with appropriate accrediting agen10 cies or associations and appropriate State regulatory 

11 authorities. 

12 ‘‘(h) ADDITIONAL FUNDS NOT AUTHORIZED.—No 

13 additional funds are authorized to be appropriated for any 

14 fiscal year to carry out this section.’’. 

Æ 


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