161.380.  Competency-based education grant program — fund created — awarding of grants, requirements — rules. — 1.  Subject to appropriations, the department of elementary and secondary education shall establish the "Competency-Based Education Grant Program".

  2.  (1)  There is hereby created in the state treasury the "Competency-Based Education Grant Program Fund".  The fund shall consist of any appropriations to such fund and any gifts, contributions, grants, or bequests received from private or other sources for the purpose of providing competency-based education programs.  The state treasurer shall be custodian of the fund.  In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements of public moneys in accordance with distribution requirements and procedures developed by the department of elementary and secondary education.  The fund shall be a dedicated fund and, upon appropriation, moneys in the fund shall be used solely for the administration of this section.

  (2)  Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

  (3)  The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.  Any interest and moneys earned on such investments shall be credited to the fund.

  3.  The department of elementary and secondary education shall award grants from the competency-based education grant program fund to eligible school districts for the purpose of providing competency-based education programs.  A school district wishing to receive such a grant shall submit an application to the department of elementary and secondary education addressing:

  (1)  A core mission that competency-based education courses will help achieve;

  (2)  A plan that outlines competency-based education courses and key metrics that will show success;

  (3)  Resources available to the school and in the community that will assist in creating successful competency-based outcomes; and

  (4)  Resources and support needed to help the school succeed in implementing competency-based education courses.

  4.  The department of elementary and secondary education shall facilitate the creation, sharing, and development of course assessments; curriculum; training and guidance for teachers; and best practices for the school districts that offer competency-based education courses.

  5.  For purposes of this section, the term "competency-based education program" means an educational program that:

  (1)  Affords students flexibility to progress and earn course credit upon demonstration of mastery, including through early high school graduation;

  (2)  Provides individual learning and assessment options, including through experiential and project-based learning, online or blended learning, additional remedial education time, and accelerated-pace curricula;

  (3)  Assesses student proficiency based on graduate profiles describing meaningful and critical knowledge and skills that students should have upon graduation; or

  (4)  Assesses student proficiency through tasks developed both locally and at the state level, performance of which demonstrates mastery.

  6.  The department of elementary and secondary education shall promulgate all necessary rules and regulations for the administration of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2022, shall be invalid and void.