,,ii #aafth ,,congress #ast ,session ,s4 #ajei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #h1 #bjai,mr4 ,young 7for himself1 ,mr4 ,bennet1 and ,mr4 ,scott of ,south ,carolina7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,act of #aife to support innovative1 evidence-based approaches that improve the effectiveness and efficiency of postsecondary education for all students1 to allow pay for success initiatives1 to provide additional evaluation authority1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fund for ,innovation and ,success in ,higher ,education ,act or the ,,finish ,act4 #b4 ,innovation grants ,part ,b of title ,,vii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aach et seq47 is amended-- 7#a7 by redesignating section #gde as section #gdf2 and 7#b7 by inserting after section #gdd the following3 #gde4 ,innovation grants 7a7 ,purposes ,the purposes of this section are to-- 7#a7 increase access to1 retention in1 and completion of postsecondary education opportunities for high-need students2 7#b7 identify and support the most effective interventions to increase postsecondary degree attainment and career success of high-need students2 and 7#c7 improve the efficiency of postsecondary education1 including by reducing the percentage of students enrolling in postsecondary remediation and increasing the effectiveness of postsecondary remediation4 7b7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means any of the following3 7,a7 ,a ,state educational agency4 7,b7 ,a public or private nonprofit institution of higher education4 7,c7 ,the ,bureau of ,indian ,education4 7,d7 ,a consortium of any of the entities described in subparagraphs 7,a7 through 7,c74 7,e7 ,a partnership between a ,state educational agency or public or private nonprofit institution of higher education and one or more of the following3 7i7 ,a nonprofit organization4 7ii7 ,an intermediary organization4 7iii7 ,a business4 7iv7 ,a sponsor of a program receiving assistance under the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abeja et seq474 7v7 ,a local educational agency4 7#b7 ,first generation college student ,the term first generation college student means-- 7,a7 an individual both of whose parents did not complete a baccalaureate degree2 or 7,b7 in the case of any individual who regularly resided with and received support from only one parent1 an individual whose only such parent did not complete a baccalaureate degree4 7#c7 ,high-need student ,the term high-need student-- 7,a7 means a postsecondary student who is at risk of educational failure or otherwise in need of special assistance and support2 and 7,b7 may include an adult learner1 working student1 part-time student1 student from a low-income background1 student of color1 former foster youth1 first generation college student1 student with a disability1 student who is deaf or blind or visually impaired1 or student who is an ,english learner4 7#d7 ,intermediary organization ,the term intermediary organization means an entity-- 7,a7 with strong skills and a track record of success in-- 7i7 identifying effective interventions to address ,state1 regional1 or local problems2 7ii7 managing high-quality subgrant processes2 and 7iii7 providing technical assistance and support to subgrantees to ensure quality and improve outcomes2 and 7,b7 that utilizes an evidence-based decisionmaking strategy when selecting high-performing entities1 on a competitive basis1 to receive subgrants in order to validate and grow effective interventions4 7c7 ,program authorized 7#a7 ,in general ,from amounts made available to carry out this section1 the ,secretary shall award grants1 on a competitive basis1 to eligible entities to enable the eligible entities to create1 develop1 implement1 replicate1 or scale evidence-based and field-initiated innovations1 including through pay for success initiatives 7as defined in section #abd7;a771 in order to improve postsecondary access and completion or career success for high-need students4 7#b7 ,grants ,the grants awarded under this section shall implement and evaluate programs1 interventions1 and strategies that address the purposes described under subsection 7a7 and1 to the extent practicable based on the strength of the applications1 include-- 7,a7 early-phase grants to fund the development1 implementation1 and feasibility testing of a practice1 program1 or intervention that prior research suggests has promise1 for the purpose of determining whether the practice1 program1 or innovation can successfully improve1 for high-need students-- 7i7 access to1 retention in1 and completion of a postsecondary program of study2 or 7ii7 career success2 7,b7 mid-phase grants to fund implementation and a rigorous evaluation of a practice1 program1 or intervention that has been successfully implemented under an early phase grant described in subparagraph 7,a7 or another effort meeting similar criteria1 for the purpose of measuring 7using existing administrative data where possible7 the impact and cost-effectiveness of the practice1 program1 or intervention2 or 7,c7 expansion grants to fund implementation and a rigorous replication evaluation of a practice1 program1 or intervention that has been found to produce sizable1 important impacts under a mid-phase grant described in subparagraph 7,b7 or another effort meeting similar criteria1 for the purposes of-- 7i7 determining whether such impacts can be successfully reproduced and sustained over time2 and 7ii7 identifying the conditions in which the practice1 program1 or initiative is most effective4 7d7 ,application 7#a7 ,in general ,an eligible entity desiring a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall include-- 7,a7 a description of the high-need students that the eligible entity is proposing to serve through the grant2 and 7,b7 a description of the outcome measures1 including explicit outcome measures for high-need students1 that the eligible entity will use1 in addition to the outcome measures described in subsection 7f77#b77;,a71 to evaluate the success of the grant4 7e7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities that-- 7#a7 propose to serve the largest number of high-need students2 or 7#b7 serve a high proportion of students from one or more school districts with a school district locale code of #ca1 #cb1 #cc1 #da1 #db1 or #dc1 as determined by the ,secretary using the school district locale codes in effect on ,december #a1 #bjai4 7f7 ,evaluations ,each recipient of a grant under this section shall conduct1 and submit to the ,secretary1 a rigorous1 independent evaluation of-- 7#a7 the effectiveness of the practice1 program1 or intervention carried out under such grant2 7#b7 the outcomes achieved by such grant1 which shall include-- 7,a7 the numbers and percentages1 in the aggregate and disaggregated by each subgroup of students 7as defined in section #aaaa7;c77#b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;c77#b7771 of-- 7i7 students supported by the grant entering1 persisting1 and completing postsecondary education2 7ii7 such students enrolling in remedial coursework at the institution2 7iii7 such students enrolling and completing such remedial coursework2 and 7iv7 such students enrolling in and completing such remedial coursework and successfully completing first-year credit-bearing coursework within #af months of enrollment in an institution of higher education2 and 7,b7 the recipient's performance on any other outcome measures described in the application in accordance with subsection 7d77#b77;,b72 and 7#c7 the activities carried out under such grant4 7g7 ,reports 7#a7 ,in general ,not later than #b years after the date of enactment of the ,fund for ,innovation and ,success in ,higher ,education ,act1 and every #b years thereafter1 the ,secretary shall prepare and submit to the authorizing committees a report on the grants carried out under this section4 7#b7 ,contents ,each report issued under this subsection shall-- 7,a7 include-- 7i7 information from the outcomes reported in the evaluations submitted under subsection 7f7 for the reporting period about the success of the grants supported under this section2 and 7ii7 the number of high-need students served through the grants under this section during the reporting period2 7,b7 disaggregate all data on student outcomes related to the grants by1 at a minimum1 race and income1 and1 to the extent practicable1 any other relevant student characteristic1 as determined by the ,secretary2 and 7,c7 consider-- 7i7 how the tiered-evidence grant structure described in subsection 7c77#b7 can be applied to other grant programs authorized under this ,act1 in order to strengthen those programs2 and 7ii7 how the evidence generated by the projects1 programs1 and interventions supported by grants under this section can inform how to carry out other grants authorized under this ,act4 7#c7 ,public availability ,the ,secretary shall make each report issued under this subsection available to the public through the website of the ,department4 4 #c4 ,open educational resources ,section #gda7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aach7;a77 is amended-- 7#a7 in paragraph 7#ab71 by striking and after the semicolon2 7#b7 in paragraph 7#ac71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#ad7 making all forms of postsecondary instructional content widely available1 which may include the use of open educational resources 7defined1 for purpose of this paragraph1 as teaching1 learning1 or research resources that reside in the public domain or have been released under a copyright license that permits their free use1 reuse1 modification1 and sharing with others74 4 #d4 ,pay for success initiatives ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by adding at the end the following3 #abd4 ,pay for success initiatives 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a partnership between-- 7,a7 a private entity 7which may include a private nonprofit entity72 and 7,b7 an institution of higher education1 a ,federal1 ,state1 or local public entity1 or a ,tribal entity4 7#b7 ,pay for success initiative 7,a7 ,in general ,the term pay for success initiative means a performance-based grant1 contract1 or other agreement-- 7i7 between an eligible entity and the ,secretary or a grant recipient1 as authorized under subsection 7b77#a72 7ii7 in which-- 7,i7 a commitment is made to pay the eligible entity for improved outcomes1 including meaningful output measures strongly correlated to outcomes1 that result in increased public value or social benefit to students and the public sector1 such as increased effectiveness in improving outcomes1 direct cost savings or cost avoidance1 or increased public revenue2 and 7,,ii7 the entity providing the funds under the grant1 contract1 or agreement imposes minimal administrative requirements to allow for maximum flexibility to achieve increased public value and social benefit2 and 7iii7 that requires-- 7,i7 a study describing how the proposed intervention is based on evidence of effectiveness1 which may be a study not exclusively developed for the specific grant1 contract1 or other agreement2 7,,ii7 a rigorous1 third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes2 7,,iii7 an annual1 publicly available report on the progress of the initiative2 and 7,,iv7 that payments be made to the recipient of the grant1 contract1 or agreement only when agreed-upon outcomes are achieved1 except as provided under paragraph 7#b7 or 7#c7 of subsection 7b74 7,b7 ,exclusion ,the term pay for success initiative does not include any initiative that-- 7i7 reduces the benefits to a student or the obligations of an entity under this ,act1 the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq471 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 or any other law2 or 7ii7 reduces services that an individual is entitled to receive under ,federal1 ,state1 or local law4 7b7 ,pay for success initiative authority 7#a7 ,in general ,notwithstanding any other provision of this ,act and except as provided under subsection 7c7-- 7,a7 any recipient of a grant under this ,act may request to use grant funds to carry out a pay for success initiative that accomplishes the objectives of the grant and meets all requirements of the grant 7except to the extent a requirement is specifically modified by the pay for success initiative71 if such use is proposed in the application or plan submitted for such grant2 and 7,b7 the ,secretary may approve not more than #e pilot demonstrations each fiscal year from the grant applications or plans that contain a request to carry out a pay for success initiative4 7#b7 ,use of funds for feasibility studies and rigorous third-party evaluation ,if the ,secretary1 or a grant recipient1 is authorized to carry out a pay for success initiative under paragraph 7#a71 the ,secretary or grant recipient may use funds available for the pay for success initiative-- 7,a7 to conduct the feasibility study required under subsection 7a77#b77;,a77iii77,i7 or the rigorous third-party evaluation required under subsection 7a77#b77;,a77iii77,,ii72 or 7,b7 to provide funds to the entity carrying out the pay for success initiative for the costs of the initial costs associated with starting the initiative4 7#c7 ,use of remaining funds ,notwithstanding any other provision of law1 if the ,secretary or a grant recipient is carrying out a pay for success initiative under paragraph 7#a7 and the pay for success initiative has met or exceeded its proposed outcomes1 the ,secretary or grant recipient may use any funds remaining at the conclusion of the pay for success initiative to enter into an additional agreement1 through a competitive process1 with an eligible entity to expand capacity under the pay for success initiative or to carry out additional pilot demonstrations of pay for success initiatives4 7c7 ,student protections 7#a7 ,no negative impact on student aid ,a pay for success initiative shall not be supported with funds under this ,act if the pay for success initiative would adversely affect the funding of1 or student access to1 individual student aid awards made under section #dja or any other program supported under this ,act4 7#b7 ,noninclusion in determination of need ,a grant or aid provided directly to a student under a pay for success initiative supported with funds under this ,act shall not be considered in determining that student's need for grant1 loan1 or work assistance under title ,,iv of this ,act1 except that in no case shall the total amount of student financial assistance awarded to a student through a pay for success initiative and under title ,,iv exceed that student's cost of attendance1 as defined in section #dgb4 7d7 ,availability of funds ,notwithstanding any other provision of this ,act1 any funds made available for a fiscal year to an entity for a pay for success initiative authorized under this section shall remain available until expended4 4 #e4 ,evaluation ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq471 as amended by section #d1 is further amended by adding at the end the following3 #abe4 ,evaluation authority 7a7 ,evaluation reservation 7#a7 ,in general ,notwithstanding any other provision of this ,act1 the ,secretary1 in consultation with the ,director of the ,institute of ,education ,sciences1 may1 for each fiscal year1 reserve not more than #a percent of the amount appropriated for each discretionary grant program authorized under this ,act 7except for the ,federal ,pell ,grant program under section #dja7 in order to rigorously and independently evaluate the effectiveness and efficiency of the outcomes of all programs authorized under this ,act4 7#b7 ,effect on other requirements ,the amount reserved under paragraph 7#a7 shall be in addition to any other amounts reserved for evaluation under this ,act4 7b7 ,evaluation plan ,on a biennial basis1 the ,director of the ,institute of ,education ,sciences shall develop1 submit to the authorizing committees1 and make publicly available on the website of the ,department1 an evaluation plan for the next #b fiscal years that-- 7#a7 describes the specific activities that will be carried out under subsection 7a7 for the #b-year period applicable to the plan1 and the timelines of such activities2 7#b7 contains the results of the activities carried out under subsection 7a7 for the most recent #b-year period2 and 7#c7 describes how programs authorized under this ,act will be regularly evaluated1 including the outcome measures to be used to evaluate each program4 7c7 ,pooling authority ,notwithstanding any other provision of this ,act1 the ,secretary1 in consultation with the ,director of the ,institute of ,education ,sciences-- 7#a7 may consolidate the funds reserved under subsection 7a7 for purposes of carrying out the activities described in subsection 7b72 and 7#b7 shall not be required to evaluate each program authorized under this ,act each year4 7d7 ,rule of construction ,nothing in this section shall be construed to conflict with or supercede any other evaluation requirement for a specific program or activity authorized under this ,act4 4