,,ii #aafth ,,congress #ast ,session ,s4 #bfjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #af1 #bjai,ms4 ,hassan 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 authorize competency-based education demonstration projects4 #a4 ,short title ,this ,act may be cited as the ,advancing ,competency-,based ,education ,act of #bjai4 #b4 ,competency-based education demonstration projects 7a7 ,projects ,part ,g of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh et seq47 is amended by inserting after section #dhf;,a the following3 #dhf;,b4 ,competency-based education demonstration projects 7a7 ,demonstration projects authorized ,the ,secretary shall select1 in accordance with subsection 7d71 eligible entities to voluntarily carry out competency-based education demonstration projects for a duration of #e years and receive waivers or other flexibility described in subsection 7e7 to carry out such projects4 7b7 ,application 7#a7 ,in general ,each eligible entity desiring to carry out a demonstration project under this section shall submit an application to the ,secretary1 at such time and in such manner as the ,secretary may require4 7#b7 ,outreach 7,a7 ,in general ,the ,secretary shall1 prior to any deadline to submit applications under paragraph 7#a71 conduct outreach to institutions1 including those described in subparagraph 7,b7 to provide those institutions with information on the opportunity to apply to carry out a demonstration project under this section4 7,b7 ,institutions ,the institutions described in this subparagraph are the following3 7i7 ,part ,b institutions 7as defined in section #cbb74 7ii7 ,hispanic-serving institutions 7as defined in section #ejb74 7iii7 ,tribal ,colleges or ,universities 7as defined in section #caf74 7iv7 ,alaska ,native-serving institutions 7as defined in section #cag7;b774 7v7 ,native ,hawaiian-serving institutions 7as defined in section #cag7;b774 7vi7 ,predominantly ,black ,institutions 7as defined in section #cah74 7vii7 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions 7as defined in section #cbj7;b774 7viii7 ,native ,american-serving1 nontribal institutions 7as defined in section #cai74 7ix7 ,institutions predominately serving adult learners4 7x7 ,institutions serving students with special needs4 7xi7 ,institutions located in rural areas4 7#c7 ,amendments 7,a7 ,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 7#a71 at such time and in such manner as the ,secretary may require1 which the ,secretary shall approve or deny within #cj days of receipt4 7,b7 ,expanding enrollment ,notwithstanding the assurance required with respect to maximum enrollment under paragraph 7#d77,n7-- 7i7 an eligible entity whose demonstration project has been evaluated under subsection 7g77#b7 not less than twice1 may submit to the ,secretary an amendment to the eligible entity's application under paragraph 7#a7 to increase enrollment in the project to more than #c1jjj students1 but not more than #e1jjj students1 and which shall specify-- 7,i7 the proposed maximum enrollment and annual enrollment growth for the project2 7,,ii7 how the eligible entity will successfully carry out the project with such maximum enrollment and enrollment growth2 and 7,,iii7 any other amendments to the eligible entity's application under paragraph 7#a7 that are related to such maximum enrollment or enrollment growth2 and 7ii7 the ,secretary shall determine whether to approve or deny an amendment submitted under clause 7i7 for a demonstration project based on the project's evaluations under subsection 7g77#b74 7#d7 ,contents ,each application under paragraph 7#a7 shall include-- 7,a7 a description of each competency-based education program to be offered by the eligible entity under the demonstration project2 7,b7 a description of the alignment of the proposed competency-based education program to the institution's mission1 and evidence of institutional commitment to such program2 7,c7 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 needs2 7,d7 a description of the proposed academic design1 academic and support services1 delivery1 business1 and financial models for the demonstration project1 including explanations and supporting documents1 including financial statements1 and1 any revenue-sharing agreements with third-party servicers or online program managers1 of how each competency-based education program offered under the demonstration project will-- 7i7 result in the achievement of competencies2 7ii7 differ from standard credit hour approaches1 in whole or in part2 and 7iii7 result in lower costs or shortened time to the completion of a certificate or degree2 7,e7 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 portable and used by in-demand employers for making employment decisions2 7,f7 a description of how each credit-bearing competency-based education program offered under the demonstration project is aligned with a career pathway2 7,g7 a description of the meaningful role of the appropriate instructors of the eligible entity in the development1 design1 implementation1 delivery1 and evaluation of each such competency-based education program2 7,h7 a description of how each such competency-based education program will provide strong post-enrollment job placement1 earnings1 and loan repayment outcomes2 7,i7 a description of how the eligible entity will facilitate transfer1 postsecondary study1 and employer understanding by articulating a competency-based transcript from a competency-based education program offered under the demonstration project to a credit hour transcript at another program at the eligible entity and to other institutions of higher education2 7,j7 a description of the statutory and regulatory requirements described in subsection 7e7 for which the eligible entity is seeking a waiver or other flexibility1 and why such waiver or flexibility is necessary to carry out the demonstration project2 7,k7 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 project2 7,l7 a description of how the eligible entity will develop and evaluate the competencies and assessments of student knowledge administered as part of the demonstration project1 including whether there is a relationship between the competency unit and a traditional credit or clock hour1 the average time it takes to earn a competency1 how such competencies and assessments are aligned with workforce needs and any other considerations the institution made when it developed its unit of competency2 7,m7 a description of the proposal for determining a student's ,federal student aid eligibility under this title for participating in the demonstration project1 the award and distribution of such aid1 and the safeguards to ensure that students are making satisfactory progress that warrants the disbursement of such aid2 7,n7 an assurance that the demonstration project at each eligible entity-- 7i7 will enroll a minimum of #be students and a maximum of #c1jjj students or1 in the case of an eligible entity with an application amendment approved under paragraph 7#c77;,b71 the maximum enrollment approved under such paragraph2 7ii7 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 section2 7iii7 operates under an agreement with the accrediting agency or association of the eligible entity to establish the standards described in subsection 7c72 and 7iv7 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 competencies2 7,o7 a description of the population of students to whom competency-based education under the demonstration project will be offered1 including demographic information and prior educational experience1 disaggregated by students who are ,federal ,pell ,grant recipients1 students of color1 ,native students1 students with disabilities1 students who are veterans or members of the ,armed ,forces1 adult learners1 and first generation college students1 and how such eligible entity will1 when appropriate1 address the specific needs of each such population of students when carrying out the demonstration project2 7,p7 a description of outreach and communication activities to students who may benefit under the demonstration project1 including those described in subparagraph 7,o72 7,q7 a description of how the institution is ensuring that students participating in the demonstration project will not1 on average1 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 hours2 7,r7 the cost of attendance for each competency-based education program offered under the demonstration project1 disaggregated by each of the applicable costs or allowances described in paragraphs 7#a7 through 7#ac7 of section #dgb1 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 ,federal1 ,state1 institutional1 and private sources2 7,s7 a description of other competency-based education programs the eligible entity offers or plans to offer outside of the demonstration project2 7,t7 a description of how the eligible entity will use data to-- 7i7 ensure that each competency-based education program under the demonstration project meets the benchmarks established in accordance with subsection 7c77#b77;,e72 7ii7 confirm relevancy of competencies in the labor market2 and 7iii7 improve each such program2 and 7,u7 such other elements as the ,secretary may require4 7c7 ,recognition by accrediting agency or association ,unless a program has already been recognized as a direct assessment program by the accrediting agency or association of the eligible entity1 in order to carry out a competency-based education program under a demonstration project under this section1 an eligible entity shall include in its application under subsection 7b71 a letter from the accrediting agency or association of the eligible entity that describes how it will establish and enforce the following standards with respect to such competency-based education program3 7#a7 ,standards for determining whether the eligible entity or the program requires students to demonstrate competencies that are-- 7,a7 capable of being validly and reliably assessed2 and 7,b7 appropriate in scope and rigor for the award of the relevant certificate or degree4 7#b7 ,standards for determining whether the eligible entity or the program demonstrate-- 7,a7 the administrative capacity and expertise that will ensure-- 7i7 the validity and reliability of assessments of competencies2 and 7ii7 good practices in assessment and measurement2 7,b7 sufficient educational content1 activities1 and resources 7including faculty support7-- 7i7 to enable students to learn or develop what is required to demonstrate or attain mastery of competencies2 and 7ii7 that are consistent with the qualifications of graduates of traditional programs2 7,c7 that the quality of demonstration of competence is judged at mastery for each competency that is assessed for the award of a certificate or degree2 7,d7 a standard for the amount of learning that is included in a unit of competency2 7,e7 reasonable1 clear1 and actionable benchmarks for graduation rates and the employment and earnings of graduates1 including job placements in a field for which the program prepares students1 debt-to-earnings ratios1 loan repayment rates1 and student satisfaction2 7,f7 regular evaluation of whether the program meets the benchmarks under subparagraph 7,e71 and address what may be the cause with identified interventions2 and 7,g7 that students may not receive a subsequent disbursement until they have completed the anticipated number of credits for the payment period4 7#c7 ,standards for determining when to deny1 withdraw1 suspend1 or terminate the accreditation of the program if the benchmarks under paragraph 7#b77;,e7 are not achieved after #d consecutive title ,,iv payment periods1 including standards for providing sufficient opportunity-- 7,a7 for the eligible entity or program to provide a written response regarding the failure to achieve such benchmarks be considered by the agency or association in the manner described in section #dif7;a77#f77;,b72 and 7,b7 for the eligible entity or program to appeal any adverse action under this subparagraph before an appeals panel that meets the requirements of section #dif7;a77#f77;,c74 7d7 ,selection 7#a7 ,in general ,not later than #ab months after the date of enactment of the ,advancing ,competency-,based ,education ,act of #bjai1 the ,secretary shall select not less than #be and not more than #ajj eligible entities to carry out a demonstration project under this section under which at least #a competency-based education program is offered at each eligible entity4 7#b7 ,considerations ,in selecting eligible entities under paragraph 7#a71 the ,secretary shall-- 7,a7 consider the number and quality of applications received2 7,b7 consider an eligible entity's-- 7i7 ability to successfully execute the demonstration project as described in the eligible entity's application under subsection 7b72 7ii7 commitment and ability to effectively finance the demonstration project2 7iii7 ability to provide administrative capability and the expertise to evaluate student progress based on measures other than credit hours or clock hours2 7iv7 history of compliance with the requirements of this ,act2 7v7 commitment to work with the ,director and the ,secretary to evaluate the demonstration project and the impact of the demonstration project under subsection 7g77#b72 7vi7 commitment and ability to assess student learning through a third party2 7vii7 commitment of the accrediting agency or association of the eligible entity to establish and enforce the standards described in subsection 7c72 and 7viii7 commitment to collaboration with an employer advisory group or specific employers to determine how the demonstration project will meet employer needs2 7,c7 ensure the selection of a diverse group of eligible entities with respect to size1 mission1 student population1 and geographic distribution2 7,d7 not limit the types of programs of study or courses of study approved for participation in a demonstration project2 and 7,e7 not select an eligible entity-- 7i7 that1 for #a or both of the preceding #b fiscal years-- 7,i7 had a cohort default rate 7defined in section #dce7m77 that was #cj percent or higher2 7,,ii7 failed to meet the requirement under section #dhg7;a77#bd72 or 7,,iii7 was-- 7aa7 under probation or an equivalent status from the accrediting agency or association of the eligible entity2 7bb7 under sanction from the authorization agency of the ,state in which the eligible entity is located2 or 7cc7 under public investigation or facing a pending lawsuit from a ,state or ,federal agency2 7ii7 if the ,department has concerns with the entity's compliance based on program reviews or audits2 or 7iii7 if the eligible entity fails to meet the financial responsibility standards prescribed by the ,secretary in accordance with section #dih7;c7 or is placed on a reimbursement system of payment by the ,secretary4 7e7 ,waivers and other flexibility 7#a7 ,in general ,with respect to any eligible entity selected to carry out a demonstration project under this section1 the ,secretary may-- 7,a7 waive any requirements of the provisions of law 7including any regulations promulgated under such provisions7 listed in paragraph 7#b7 for which the eligible entity has provided a reason for waiving under subsection 7b77#d77;,j72 or 7,b7 provide other flexibility1 but not waive1 any requirements of the provisions of law 7including any regulations promulgated under such provisions7 listed in paragraph 7#c7 for which the eligible entity has provided a reason with which the ,secretary agrees for such flexibility under subsection 7b77#d77;,j74 7#b7 ,provisions eligible for waivers ,the ,secretary may waive the following under paragraph 7#a77;,a73 7,a7 ,subparagraphs 7,a7 and 7,b7 of section #ajb7;a77#c74 7,b7 ,section #dhd7l77#a74 7#c7 ,provisions eligible for flexibility ,the ,secretary may provide the flexibility described in paragraph 7#a77;,b7 with respect to the requirements under provisions in title ,i1 part ,f of this title1 or this part1 that inhibit the operation of a competency-based education program1 relating to the following3 7,a7 ,documenting attendance4 7,b7 ,weekly academic activity4 7,c7 ,minimum weeks of instructional time4 7,d7 ,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 study4 7,e7 ,requirements for regular and substantive interaction with the instructor4 7,f7 ,definitions of the terms academic year1 full-time student1 part-time student1 term 7including standard term1 non-term1 and non-standard term71 satisfactory academic progress1 educational activity1 program of study1 and payment period4 7,g7 ,methods of disbursing student financial aid by institutions of higher education selected1 as of the date of enactment of the ,advancing ,competency-,based ,education ,act of #bjai1 as experimental sites under section #dhg;,a7b77#c7 to carry out competency-based education programs4 7,h7 ,restrictions regarding concurrent student enrollment in ,direct ,assessment and non-,direct ,assessment programs4 7#d7 ,measurement of activity or academic work ,an institution granted flexibility under paragraph 7#c7 related to requirements for credit hour or clock hour equivalencies shall include a measurement of activity or academic work by students as considered comparable to the standard practice for measuring credit or clock hours for these areas4 7f7 ,notification ,not later than #i months after the date of enactment of the ,advancing ,competency-,based ,education ,act of #bjai1 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 section1 which shall include for each such eligible entity-- 7#a7 the specific waiver or other flexibility from statutory or regulatory requirements offered under subsection 7e72 and 7#b7 a description of the competency-based education programs1 and its associated accreditation standards1 to be offered under the project4 7g7 ,information and evaluation 7#a7 ,information 7,a7 ,student-level data ,each eligible entity that carries out a demonstration project under this section shall provide to the ,director the student-level data for the students enrolled in a program described in subparagraph 7,c77i77,i71 the student-level data for the students enrolled in a program described in subparagraph 7,c77i77,,ii71 and the student-level data for students enrolled in a program described in subparagraph 7,c77i77,,iii7 to enable the ,director-- 7i7 to determine the aggregate information described in subparagraph 7,b7 with respect to each such program2 and 7ii7 to the extent practicable1 to compare the programs using a rigorous evaluation1 such as propensity score matching4 7,b7 ,aggregate information ,for purposes of the evaluation under paragraph 7#b71 the ,director shall use the student-level data provided under subparagraph 7,a7 by an eligible entity to determine the following information with respect to each program described in subparagraph 7,c77i7 offered at such eligible entity3 7i7 ,the average number of credit hours students earned prior to enrollment in the program1 if applicable4 7ii7 ,the number and percentage of students enrolled in a competency-based education program that are also enrolled in programs of study or courses of study offered in credit hours or clock hours1 disaggregated by student status as a first-year1 second-year1 third-year1 fourth-year1 or other student4 7iii7 ,the average period of time between the enrollment of a student in the program and the first assessment of student knowledge of such student4 7iv7 ,the average time to #be percent1 #ej percent1 #ge percent1 #ajj percent1 #aej percent1 and #bjj percent completion of a certificate or degree4 7v7 ,the number and percentage of students who begin in a certain cohort and complete a certificate or degree4 7vi7 ,the number and percentage of students who begin in a certain cohort and withdraw without completing a certificate or degree4 7vii7 ,the number and percentage of students who begin in a certain cohort who reach #be percent1 #ej percent1 #ge percent1 and #ajj percent completion of a certificate or degree4 7viii7 ,the number and percentage of students who begin in a certain cohort who re-enroll in a second period4 7ix7 ,the median number of competencies completed per period4 7x7 ,the average number of attempts it takes students to pass all assessments of student knowledge during the period of enrollment in the program4 7xi7 ,the percentage of summative assessments of student competence that students passed on the first attempt during the period of enrollment in the program4 7xii7 ,the percentage of summative assessments of student competence that students passed on the second attempt and the average period of time between the first and second attempts during the period of enrollment in the program4 7xiii7 ,the average number of competencies a student acquired and demonstrated while enrolled in a program and the period of time during which the student acquired such competencies4 7xiv7 ,the number and percentage of students completing the program who find employment that lasts not less than #f months within #f months of graduation1 disaggregated by number and percentage of such students finding employment in a field related to the program4 7xv7 ,student job placement rates #a1 #b1 and #c years after graduating from the program1 if available4 7xvi7 ,the median student earnings #a1 #b1 and #c years after graduating from the program1 if available4 7xvii7 ,the number and percentage of students completing the program who continue their education4 7xviii7 ,such other information as the ,director may reasonably require4 7,c7 ,disaggregation ,the information determined under subparagraph 7,b7 shall be disaggregated as follows1 provided that the disaggregation of the information does not identify any individual student3 7i7 ,for each eligible entity that carries out a demonstration project under this section1 disaggregation by-- 7,i7 the students enrolled in each competency-based education program under the project2 7,,ii7 the students enrolled in each competency-based education program not being carried out under the project1 if the eligible entity has a competency-based education program not being carried out under the project2 and 7,,iii7 the students enrolled in a program not described in subclause 7,i7 or 7,,ii74 7ii7 ,for each group of students described in clause 7i71 disaggregation by prior postsecondary experience1 age group1 race1 gender1 disability status1 students who are ,veterans or servicemembers1 first generation college students1 full-time and part-time enrollment1 and status as a recipient of a ,federal ,pell ,grant4 7,d7 ,council ,the ,director shall provide to the ,competency-,based ,education ,council any information described in subparagraph 7,a7 or 7,b7 7other than personally identifiable information7 that may be necessary for the ,council to carry out its duties under section #c7;e7 of the ,advancing ,competency-,based ,education ,act of #bjai4 7#b7 ,evaluation 7,a7 ,in general ,the ,director1 in consultation with the ,secretary and using the information determined under paragraph 7#a71 shall annually evaluate each eligible entity carrying out a demonstration project under this section4 ,each evaluation shall be disaggregated in accordance with subparagraph 7,b7 and include-- 7i7 the extent to which the eligible entity has met the elements of its application under subsection 7b77#d72 7ii7 whether the demonstration project led to reduced cost1 including as reflected by median debt levels1 or time to completion of a certificate or degree1 and the amount of cost or time reduced for such completion2 7iii7 obstacles related to student financial assistance for competency-based education2 7iv7 the extent to which statutory or regulatory requirements not waived or for which flexibility is not provided under subsection 7e7 presented difficulties or unintended consequences for students or eligible entities2 7v7 a description of the waivers or flexibility provided under subsection 7e7 that were most beneficial to students or eligible entities1 and an explanation of such benefits2 7vi7 the percentage of students who received each of the following-- 7,i7 a grant under this title2 7,,ii7 a loan under this title2 7,,iii7 a ,state grant2 7,,iv7 a ,state loan2 7,v7 an institutional grant2 7,,vi7 an institutional loan2 7,,vii7 a private loan2 and 7,,viii7 an employer grant or subsidy2 7vii7 median annual total cost and net cost to the student of the program2 7viii7 median total cost and net cost of the credential and associated examination or licensure calculated upon completion2 7ix7 median outstanding balance of principal and interest on loans made under this title that students have upon graduation2 7x7 the median #c-year and #e-year cohort default rate2 7xi7 the median #a-year and #c-year repayment rate of loans made under this title2 7xii7 the median student earnings #a1 #c1 and #d years after graduation2 7xiii7 a description of the curricular infrastructure1 including assessments of student knowledge and the corresponding competencies2 7xiv7 a description of the role of faculty and faculty involvement2 and 7xv7 outcomes of the assessments of student competency4 7,b7 ,disaggregation ,the data collected under clauses 7vi7 through 7xii7 shall be disaggregated by each group of students described in paragraph 7#a77;,c74 7#c7 ,annual report ,the ,director1 in consultation with the ,secretary1 shall annually provide to the authorizing committees a report on-- 7,a7 the evaluations required under paragraph 7#b72 7,b7 the number and types of students receiving assistance under this title for competency-based education programs offered under projects under this section2 7,c7 any proposed statutory or regulatory changes designed to support and enhance the expansion of competency-based education programs1 which may be independent of or combined with traditional credit hour or clock hour projects2 7,d7 the most effective means of delivering competency-based education programs through projects under this section2 and 7,e7 the appropriate level and distribution methodology of ,federal assistance under this title for students enrolled in a competency-based education program4 7h7 ,coordination ,an eligible entity or the ,director shall consult with the ,secretary of ,education or the ,secretary of the ,treasury to obtain the employment1 earnings1 and loan information that may be necessary for purposes of subsection 7c77#b77;,f7 or subsection 7g71 respectively4 7i7 ,oversight ,in carrying out this section1 the ,secretary shall1 on a not less frequently than quarterly basis-- 7#a7 assure compliance of eligible entities with the requirements of this title 7other than the provisions of law and regulations that are waived under subsection 7e772 7#b7 provide technical assistance2 7#c7 monitor fluctuations in the student population enrolled in the eligible entities carrying out the demonstration projects under this section2 7#d7 consult with appropriate accrediting agencies or associations and appropriate ,state regulatory authorities for additional ways of improving the delivery of competency-based education programs2 and 7#e7 collect and disseminate to eligible entities carrying out a demonstration project under this section1 best practices with respect to such projects4 7j7 ,data privacy 7#a7 ,in general ,it shall be unlawful for any person who obtains or has access to personally identifiable information in connection with this section to willfully disclose to any person 7except as authorized in this ,act or any ,federal law7 such personally identifiable information4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #e1jjj1 imprisoned not more than #e years1 or both1 together with the costs of prosecution4 7#c7 ,employee or officer of the ,united ,states ,if a violation of paragraph 7#a7 is committed by any officer or employee of the ,united ,states1 the officer or employee shall be dismissed from office or discharged from employment upon conviction for the violation4 7#d7 ,sale of data prohibited ,data collected under this section shall not be sold to any third party by the ,director1 any postsecondary institution1 or any other entity4 7#e7 ,limitation on use by other ,federal agencies ,the ,director shall not allow any other ,federal agency to use personally identifiable data collected under this section for any purpose except as explicitly authorized by this ,act4 7#f7 ,law enforcement ,personally identifiable information collected under this section shall not be used for any law enforcement activity or any other activity that would result in adverse action against any student1 including debt collection activity or enforcement of the immigration laws4 7k7 ,authorization of appropriations ,there are authorized to be appropriated #e1jjj1jjj to the ,department to carry out the project under this section4 7l7 ,definitions ,for the purpose of this section3 7#a7 ,career pathway ,the term career pathway has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#b7 ,competency ,the term competency means the knowledge1 skill1 and abilities demonstrated for a particular program of study4 7#c7 ,competency-based education program ,the term competency-based education program means a postsecondary program that provides competency-based education for which the accrediting agency or association of the institution of higher education offering such program has established or will establish the standards described in subsection 7c7 and1 in accordance with such standards-- 7,a7 measures academic progress and credential attainment by the assessment of student learning in lieu of1 or in addition to1 credit or clock hours2 7,b7 measures and assesses such academic progress and attainment in terms of a student's mastery of competencies by identifying what students know and the skills mastered through rigorous assessment2 7,c7 determines and reports to the ,secretary the number of credit or clock hours that would be needed for the attainment of a similar level of knowledge1 skills1 and characteristics in a standard credit or clock hour program2 7,d7 provides the educational content1 activities1 support1 and resources necessary to enable students to develop and attain the competencies that are required to demonstrate mastery of such competencies1 including a system for monitoring a student's engagement and progress in each competency1 in which faculty are responsible for providing proactive academic assistance1 when needed1 on the basis of such monitoring2 7,e7 upon a student's demonstration or mastery of a set of competencies identified and required by the institution1 leads to or results in the awarding of a certificate or degree2 7,f7 ensures that funds received under this title may be used only for learning that results from instruction provided or overseen by the institution and not for the portion of the program of which the student has demonstrated mastery prior to enrollment in the program or tests of learning that are not associated with educational activities overseen by the institution2 7,g7 is organized in a manner that an institution can determine1 based on the method of measurement selected by the institution1 and approved by the accreditor as described in subsection 7c71 what constitutes a full-time1 three-quarter time1 half-time1 and less than half-time workload for the purposes of awarding and administering assistance under this title1 or assistance provided under another provision of ,federal law to attend an institution of higher education2 and 7,h7 may use a disaggregated faculty model in which the educational responsibilities for an academic course are divided among a number of individuals1 each performing specific tasks essential to instruction1 including curriculum design1 content delivery1 and student assessment4 7#d7 ,director ,the term ,director means the ,director of the ,institute of ,education ,sciences4 7#e7 ,dual or concurrent enrollment program ,the term dual or concurrent enrollment program has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#f7 ,eligible entity ,the term eligible entity means an institution of higher education1 which may be an institution of higher education that offers a dual or concurrent enrollment program4 7#g7 ,first generation college student ,the term first generation college student has the meaning given the term in section #djb;,a7h77#c74 7#h7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb1 except that such term does not include institutions described in section #ajb7;a77#a77;,c74 4 7b7 ,exception to student unit record ban ,section #acd7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;c7b77 is amended-- 7#a7 by striking 7#a7 is necessary and inserting the following 7#a77;,a7 is necessary2 7#b7 by striking 7#b7 was in and inserting the following 7,b7 was in2 7#c7 by striking the period at the end and inserting 2 or2 and 7#d7 by adding at the end the following3 7#b7 is necessary for the operation of section #dhf;,b4 4 7c7 ,rule of construction ,nothing in this ,act or the amendments made by this ,act shall be construed to alter the authority of the ,secretary of ,education to establish experimental sites under any other provision of law4 #c4 ,competency-based education council 7a7 ,establishment of a committee on competency-,based education ,not later than #f months after the date of enactment of this ,act1 there shall be established the ,competency-,based ,education ,council 7referred to in this section as the ,council74 7b7 ,membership 7#a7 ,composition ,the ,council shall be composed of-- 7,a7 #c individuals appointed by the ,secretary of ,education2 7,b7 #b individuals appointed by the ,director of the ,bureau of ,consumer ,financial ,protection2 7,c7 not less than #h and not more than #ac individuals appointed by the ,comptroller ,general of the ,united ,states1 representing-- 7i7 experts in competency-based education2 7ii7 faculty members in competency-based education programs2 7iii7 administrators at institutions that offer competency-based education programs2 7iv7 individuals currently enrolled in or graduated from a competency-based education program2 7v7 accrediting agencies or associations that recognize competency-based education programs2 7vi7 experts from ,state educational agencies2 and 7vii7 business and industry representatives2 and 7,d7 #d members appointed by-- 7i7 the majority leader of the ,senate2 7ii7 the minority leader of the ,senate2 7iii7 the ,speaker of the ,house of ,representatives2 and 7iv7 the minority leader of the ,house of ,representatives4 7#b7 ,chairperson ,the ,council shall select a ,chairperson from among its members4 7#c7 ,vacancies ,any vacancy in the ,council shall not affect the powers of the ,council and shall be filled in the same manner as an initial appointment4 7c7 ,meetings ,the ,council shall hold1 at the call of the ,chairperson1 not less than #f meetings before completing the study required under subsection 7e7 and the report required under subsection 7f74 7d7 ,personnel matters 7#a7 ,compensation of members ,each member of the ,council shall serve without compensation in addition to any such compensation received for the member's service as an officer or employee of the ,united ,states1 if applicable4 7#b7 ,travel expenses ,the members of the ,council shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter #a of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,council4 7e7 ,duties of the council 7#a7 ,study ,the ,council shall conduct a study on the ongoing innovation and development of competency-based education programs4 7#b7 ,recommendations ,based on the findings of the study under paragraph 7#a71 and the annual evaluations of the demonstration projects under section #dhf;,b of the ,higher ,education ,act of #aife1 the ,council shall develop recommendations for the authorization of competency-based education under the ,higher ,education ,act of #aife1 including recommendations that-- 7,a7 provide or update standard definitions1 if needed1 for relevant terms1 including-- 7i7 competency-based education2 7ii7 competency-based education program2 including quality indicators1 that include appropriate student outcome metrics1 for such programs2 and 7iii7 any other relevant definitions agreed upon2 7,b7 address-- 7i7 the amount of learning in a competency unit2 7ii7 the transfer of competency-based education credits to other institutions or programs2 7iii7 the minimum amount of time in an academic year for competency-based education programs1 for financial aid purposes2 7iv7 considerations for accreditation agencies before recognizing competency-based education programs2 7v7 address the role of faculty and faculty involvement in competency-based education programs2 7vi7 additional resources that may be needed for adequate oversight of competency-based education programs2 and 7vii7 the responsiveness of competencies to the labor market and employers4 7f7 ,reports 7#a7 ,interim reports ,not later than #b years after the date of enactment of this ,act1 and biennially thereafter until the final report is submitted under paragraph 7#b71 the ,council shall prepare and submit to the ,secretary of ,education and ,congress and make available to the public a report that provides ongoing feedback to the annual evaluations of the demonstration projects under section #dhf;,b7g77#b7 of the ,higher ,education ,act of #aife1 including a discussion of implementation challenges programs face1 and the items listed in subsection 7e77#b77;,b74 7#b7 ,final report ,not later than #f years after the date of enactment of this ,act1 the ,council shall prepare and submit to the ,secretary of ,education and ,congress and make available to the public a report containing the findings of the study under subsection 7e77#a7 and the recommendations developed under subsection 7e77#b74