Appendix A Authorizing Legislation

112TH CONGRESS
1ST SESSION

H. R. 471
AN ACT

To reauthorize the DC opportunity scholarship program, and
for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

2
1
2

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Scholarships for Op-

3 portunity and Results Act’’ or the ‘‘SOAR Act’’.
4
5

SEC. 2. FINDINGS.

Congress finds the following:

6

(1) Parents are best equipped to make decisions

7

for their children, including the educational setting

8

that will best serve the interests and educational

9

needs of their child.

10

(2) For many parents in the District of Colum-

11

bia, public school choice provided under the Elemen-

12

tary and Secondary Education Act of 1965, as well

13

as under other public school choice programs, is in-

14

adequate. More educational options are needed to

15

ensure all families in the District of Columbia have

16

access to a quality education. In particular, funds

17

are needed to provide low-income parents with en-

18

hanced public opportunities and private educational

19

environments, regardless of whether such environ-

20

ments are secular or nonsecular.

21

(3) While the per student cost for students in

22

the public schools of the District of Columbia is one

23

of the highest in the United States, test scores for

24

such students continue to be among the lowest in

25

the Nation. The National Assessment of Educational

26

Progress (NAEP), an annual report released by the
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1

National Center for Education Statistics, reported in

2

its 2009 study that students in the District of Co-

3

lumbia were being outperformed by every State in

4

the Nation. On the 2009 NAEP, 56 percent of

5

fourth grade students scored ‘‘below basic’’ in read-

6

ing, and 44 percent scored ‘‘below basic’’ in mathe-

7

matics. Among eighth grade students, 49 percent

8

scored ‘‘below basic’’ in reading and 60 percent

9

scored ‘‘below basic’’ in mathematics. On the 2009

10

NAEP reading assessment, only 17 percent of the

11

District of Columbia fourth grade students could

12

read proficiently, while only 13 percent of the eighth

13

grade students scored at the proficient or advanced

14

level.

15

(4) In 2003, Congress passed the DC School

16

Choice Incentive Act of 2003 (Public Law 108–199;

17

118 Stat. 126), to provide opportunity scholarships

18

to parents of students in the District of Columbia to

19

enable them to pursue a high-quality education at a

20

public or private elementary or secondary school of

21

their choice. The DC Opportunity Scholarship Pro-

22

gram (DC OSP) under such Act was part of a com-

23

prehensive 3-part funding arrangement that also in-

24

cluded additional funds for the District of Columbia

25

public schools, and additional funds for public char-

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1

ter schools of the District of Columbia. The intent

2

of the approach was to ensure that progress would

3

continue to be made to improve public schools and

4

public charter schools, and that funding for the op-

5

portunity scholarship program would not lead to a

6

reduction in funding for the District of Columbia

7

public and charter schools. Resources would be avail-

8

able for a variety of educational options that would

9

give families in the District of Columbia a range of

10

choices with regard to the education of their chil-

11

dren.

12

(5) The DC OSP was established in accordance

13

with the Supreme Court decision, Zelman v. Sim-

14

mons-Harris, 536 U.S. 639 (2002), which found

15

that a program enacted for the valid secular purpose

16

of providing educational assistance to low-income

17

children in a demonstrably failing public school sys-

18

tem is constitutional if it is neutral with respect to

19

religion and provides assistance to a broad class of

20

citizens who direct government aid to religious and

21

secular schools solely as a result of their genuine

22

and independent private choices.

23

(6) Since the inception of the DC OSP, it has

24

consistently been oversubscribed. Parents express

25

strong support for the opportunity scholarship pro-

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1

gram. Rigorous studies of the program by the Insti-

2

tute of Education Sciences have shown significant

3

improvements in parental satisfaction and in reading

4

scores that are more dramatic when only those stu-

5

dents consistently using the scholarships are consid-

6

ered. The program also was found to result in sig-

7

nificantly higher graduation rates for DC OSP stu-

8

dents.

9

(7) The DC OSP is a program that offers fami-

10

lies in need, in the District of Columbia, important

11

alternatives while public schools are improved. This

12

program should be reauthorized as 1 of a 3-part

13

comprehensive funding strategy for the District of

14

Columbia school system that provides new and equal

15

funding for public schools, public charter schools,

16

and opportunity scholarships for students to attend

17

private schools.

18
19

SEC. 3. PURPOSE.

The purpose of this Act is to provide low-income par-

20 ents residing in the District of Columbia, particularly par21 ents of students who attend elementary schools or sec22 ondary schools identified for improvement, corrective ac23 tion, or restructuring under section 1116 of the Elemen24 tary and Secondary Education Act of 1965 (20 U.S.C.
25 6316), with expanded opportunities for enrolling their

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1 children in other schools in the District of Columbia, at
2 least until the public schools in the District of Columbia
3 have adequately addressed shortfalls in health, safety, and
4 security, and the students in the District of Columbia pub5 lic schools are testing in mathematics and reading at or
6 above the national average.
7
8

SEC. 4. GENERAL AUTHORITY.

(a) OPPORTUNITY SCHOLARSHIPS.—

9

(1) IN

GENERAL.—From

funds appropriated

10

under section 14(a)(1), the Secretary shall award

11

grants on a competitive basis to eligible entities with

12

approved applications under section 5 to carry out a

13

program to provide eligible students with expanded

14

school choice opportunities. The Secretary may

15

award a single grant or multiple grants, depending

16

on the quality of applications submitted and the pri-

17

orities of this Act.

18

(2) DURATION

OF

GRANTS.—The

Secretary

19

may make grants under this subsection for a period

20

of not more than 5 years.

21

(b)

DC

PUBLIC

SCHOOLS

AND

CHARTER

22 SCHOOLS.—From funds appropriated under paragraphs
23 (2) and (3) of section 14(a), the Secretary shall provide
24 funds to the Mayor of the District of Columbia, if the

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1 Mayor agrees to the requirements described in section
2 11(a), for—
3

(1) the District of Columbia public schools to

4

improve public education in the District of Colum-

5

bia; and

6

(2) the District of Columbia public charter

7

schools to improve and expand quality public charter

8

schools in the District of Columbia.

9
10

SEC. 5. APPLICATIONS.

(a) IN GENERAL.—In order to receive a grant under

11 section 4(a), an eligible entity shall submit an application
12 to the Secretary at such time, in such manner, and accom13 panied by such information as the Secretary may require.
14

(b) CONTENTS.—The Secretary may not approve the

15 request of an eligible entity for a grant under section 4(a)
16 unless the entity’s application includes—
17

(1) a detailed description of—

18
19

(A) how the entity will address the priorities described in section 6;

20

(B) how the entity will ensure that if more

21

eligible students seek admission in the program

22

of the entity than the program can accommo-

23

date, eligible students are selected for admission

24

through a random selection process which gives

25

weight to the priorities described in section 6;

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1

(C) how the entity will ensure that if more

2

participating eligible students seek admission to

3

a participating school than the school can ac-

4

commodate, participating eligible students are

5

selected for admission through a random selec-

6

tion process;

7

(D) how the entity will notify parents of el-

8

igible students of the expanded choice opportu-

9

nities in order to allow the parents to make in-

10

formed decisions;

11

(E) the activities that the entity will carry

12

out to provide parents of eligible students with

13

expanded choice opportunities through the

14

awarding of scholarships under section 7(a);

15

(F) how the entity will determine the

16

amount that will be provided to parents under

17

section 7(a)(2) for the payment of tuition, fees,

18

and transportation expenses, if any;

19

(G) how the entity will seek out private el-

20

ementary schools and secondary schools in the

21

District of Columbia to participate in the pro-

22

gram;

23

(H) how the entity will ensure that each

24

participating school will meet the reporting and

25

other program requirements under this Act;

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1

(I) how the entity will ensure that partici-

2

pating schools submit to site visits by the entity

3

as determined to be necessary by the entity, ex-

4

cept that a participating school may not be re-

5

quired to submit to more than 1 site visit per

6

school year;

7

(J) how the entity will ensure that partici-

8

pating schools are financially responsible and

9

will use the funds received under section 7 ef-

10

fectively;

11

(K) how the entity will address the renewal

12

of scholarships to participating eligible stu-

13

dents, including continued eligibility; and

14

(L) how the entity will ensure that a ma-

15

jority of its voting board members or governing

16

organization are residents of the District of Co-

17

lumbia; and

18

(2) an assurance that the entity will comply

19

with all requests regarding any evaluation carried

20

out under section 9(a).

21
22

SEC. 6. PRIORITIES.

In awarding grants under section 4(a), the Secretary

23 shall give priority to applications from eligible entities that
24 will most effectively—

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1
2

(1) in awarding scholarships under section 7(a),
give priority to—

3

(A) eligible students who, in the school

4

year preceding the school year for which the eli-

5

gible students are seeking a scholarship, at-

6

tended an elementary school or secondary

7

school identified for improvement, corrective ac-

8

tion, or restructuring under section 1116 of the

9

Elementary and Secondary Education Act of

10

1965 (20 U.S.C. 6316);

11

(B) students who have been awarded a

12

scholarship in a preceding year under this Act

13

or the DC School Choice Incentive Act of 2003

14

(sec. 38–1851.01 et seq., D.C. Official Code),

15

as such Act was in effect on the day before the

16

date of the enactment of this Act, but who have

17

not used the scholarship, including eligible stu-

18

dents who were provided notification of selec-

19

tion for a scholarship for school year 2009-

20

2010, which was later rescinded in accordance

21

with direction from the Secretary of Education;

22

and

23

(C) students whose household includes a

24

sibling or other child who is already partici-

25

pating in the program of the eligible entity

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1

under this Act, regardless of whether such stu-

2

dents have, in the past, been assigned as mem-

3

bers of a control study group for the purposes

4

of an evaluation under section 9(a);

5

(2) target resources to students and families

6

that lack the financial resources to take advantage

7

of available educational options; and

8
9
10
11
12

(3) provide students and families with the
widest range of educational options.
SEC. 7. USE OF FUNDS.

(a) OPPORTUNITY SCHOLARSHIPS.—
(1) IN

GENERAL.—Subject

to paragraphs (2)

13

and (3), an eligible entity receiving a grant under

14

section 4(a) shall use the grant funds to provide eli-

15

gible students with scholarships to pay the tuition,

16

fees, and transportation expenses, if any, to enable

17

the eligible students to attend the District of Colum-

18

bia private elementary school or secondary school of

19

their choice beginning in school year 2011–2012.

20

Each such eligible entity shall ensure that the

21

amount of any tuition or fees charged by a school

22

participating in such entity’s program under this Act

23

to an eligible student participating in the program

24

does not exceed the amount of tuition or fees that

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1

the school charges to students who do not partici-

2

pate in the program.

3

(2) PAYMENTS

TO PARENTS.—An

eligible entity

4

receiving a grant under section 4(a) shall make

5

scholarship payments under the entity’s program

6

under this Act to the parent of the eligible student

7

participating in the program, in a manner which en-

8

sures that such payments will be used for the pay-

9

ment of tuition, fees, and transportation expenses (if

10
11

any), in accordance with this Act.
(3) AMOUNT

12

OF ASSISTANCE.—

(A) VARYING

AMOUNTS PERMITTED.—Sub-

13

ject to the other requirements of this section,

14

an eligible entity receiving a grant under sec-

15

tion 4(a) may award scholarships in larger

16

amounts to those eligible students with the

17

greatest need.

18

(B) ANNUAL

19

LIMIT ON AMOUNT.—

(i) LIMIT

FOR SCHOOL YEAR 2011–

20

2012.—The

21

to any eligible student by an eligible entity

22

under the entity’s program under this Act

23

for school year 2011–2012 may not ex-

24

ceed—

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amount of assistance provided

13
1

(I) $8,000 for attendance in kin-

2

dergarten through grade 8; and

3

(II) $12,000 for attendance in

4

grades 9 through 12.

5

(ii) CUMULATIVE

INFLATION ADJUST-

6

MENT.—Beginning

7

lowing the school year of the date of the

8

enactment of this Act, the Secretary shall

9

adjust the maximum amounts of assistance

10

described in clause (i) for inflation, as

11

measured by the percentage increase, if

12

any, from the preceding fiscal year in the

13

Consumer Price Index for All Urban Con-

14

sumers, published by the Bureau of Labor

15

Statistics of the Department of Labor.

16

(4) PARTICIPATING

the school year fol-

SCHOOL REQUIREMENTS.—

17

None of the funds provided under this Act for op-

18

portunity scholarships may be used by an eligible

19

student to enroll in a participating private school

20

unless the participating school—

21
22

(A) has and maintains a valid certificate of
occupancy issued by the District of Columbia;

23

(B) makes readily available to all prospec-

24

tive students information on its school accredi-

25

tation;

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1

(C) in the case of a school that has been

2

operating for 5 years or less, submits to the eli-

3

gible entity administering the program proof of

4

adequate financial resources reflecting the fi-

5

nancial sustainability of the school and the

6

school’s ability to be in operation through the

7

school year;

8

(D) agrees to submit to site visits as deter-

9

mined to be necessary by the eligible entity pur-

10

suant to section 5(b)(1)(I);

11

(E) has financial systems, controls, poli-

12

cies, and procedures to ensure that funds are

13

used according to this Act; and

14

(F) ensures that each teacher of core sub-

15

ject matter in the school has a baccalaureate

16

degree or equivalent degree, whether such de-

17

gree was awarded in or outside of the United

18

States.

19

(b) ADMINISTRATIVE EXPENSES.—An eligible entity

20 receiving a grant under section 4(a) may use not more
21 than 3 percent of the amount provided under the grant
22 each year for the administrative expenses of carrying out
23 its program under this Act during the year, including—
24
25

(1) determining the eligibility of students to
participate;

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1
2

(2) selecting eligible students to receive scholarships;

3
4

(3) determining the amount of scholarships and
issuing the scholarships to eligible students;

5
6

(4) compiling and maintaining financial and
programmatic records; and

7

(5) conducting site visits as described in section

8

5(b)(1)(I).

9

(c) PARENTAL ASSISTANCE.—An eligible entity re-

10 ceiving a grant under section 4(a) may use not more than
11 2 percent of the amount provided under the grant each
12 year for the expenses of educating parents about the enti13 ty’s program under this Act, and assisting parents
14 through the application process, under this Act, includ15 ing—
16

(1) providing information about the program

17

and the participating schools to parents of eligible

18

students;

19

(2) providing funds to assist parents of stu-

20

dents in meeting expenses that might otherwise pre-

21

clude the participation of eligible students in the

22

program; and

23
24

(3) streamlining the application process for parents.

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1

(d) STUDENT ACADEMIC ASSISTANCE.—An eligible

2 entity receiving a grant under section 4(a) may use not
3 more than 1 percent of the amount provided under the
4 grant each year for expenses to provide tutoring services
5 to participating eligible students that need additional aca6 demic assistance. If there are insufficient funds to provide
7 tutoring services to all such students in a year, the eligible
8 entity shall give priority in such year to students who pre9 viously attended an elementary school or secondary school
10 that was identified for improvement, corrective action, or
11 restructuring under section 1116 of the Elementary and
12 Secondary Education Act of 1965 (20 U.S.C. 6316).
13

SEC. 8. NONDISCRIMINATION AND OTHER REQUIREMENTS

14
15

FOR PARTICIPATING SCHOOLS.

(a) IN GENERAL.—An eligible entity or a school par-

16 ticipating in any program under this Act shall not dis17 criminate against program participants or applicants on
18 the basis of race, color, national origin, religion, or sex.
19

(b) APPLICABILITY

AND

SINGLE SEX SCHOOLS,

20 CLASSES, OR ACTIVITIES.—
21

(1) IN

GENERAL.—Notwithstanding

any other

22

provision of law, the prohibition of sex discrimina-

23

tion in subsection (a) shall not apply to a partici-

24

pating school that is operated by, supervised by, con-

25

trolled by, or connected to a religious organization to

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1

the extent that the application of subsection (a) is

2

inconsistent with the religious tenets or beliefs of the

3

school.

4

(2) SINGLE

SEX SCHOOLS, CLASSES, OR ACTIVI-

5

TIES.—Notwithstanding

6

provision of law, a parent may choose and a school

7

may offer a single sex school, class, or activity.

subsection (a) or any other

8

(3) APPLICABILITY.—For purposes of this Act,

9

the provisions of section 909 of the Education

10

Amendments of 1972 (20 U.S.C. 1688) shall apply

11

to this Act as if section 909 of the Education

12

Amendments of 1972 (20 U.S.C. 1688) were part of

13

this Act.

14

(c) CHILDREN WITH DISABILITIES.—Nothing in this

15 Act may be construed to alter or modify the provisions
16 of the Individuals with Disabilities Education Act (20
17 U.S.C. 1400 et seq.).
18
19

(d) RELIGIOUSLY AFFILIATED SCHOOLS.—
(1) IN

GENERAL.—Notwithstanding

any other

20

provision of law, a school participating in any pro-

21

gram under this Act that is operated by, supervised

22

by, controlled by, or connected to, a religious organi-

23

zation may exercise its right in matters of employ-

24

ment consistent with title VII of the Civil Rights Act

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1

of 1964 (42 U.S.C. 2000e–1 et seq.), including the

2

exemptions in such title.

3

(2) MAINTENANCE

OF

PURPOSE.—Notwith-

4

standing any other provision of law, funds made

5

available under this Act to eligible students, which

6

are used at a participating school as a result of their

7

parents’ choice, shall not, consistent with the first

8

amendment of the Constitution, necessitate any

9

change in the participating school’s teaching mis-

10

sion, require any participating school to remove reli-

11

gious art, icons, scriptures, or other symbols, or pre-

12

clude any participating school from retaining reli-

13

gious terms in its name, selecting its board members

14

on a religious basis, or including religious references

15

in its mission statements and other chartering or

16

governing documents.

17

(e) RULE

OF

CONSTRUCTION.—A scholarship (or any

18 other form of support provided to parents of eligible stu19 dents) under this Act shall be considered assistance to the
20 student and shall not be considered assistance to the
21 school that enrolls the eligible student. The amount of any
22 scholarship (or other form of support provided to parents
23 of an eligible student) under this Act shall not be treated
24 as income of the parents for purposes of Federal tax laws

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1 or for determining eligibility for any other Federal pro2 gram.
3

(f) REQUESTS

FOR

DATA

AND INFORMATION.—Each

4 school participating in a program funded under this Act
5 shall comply with all requests for data and information
6 regarding evaluations conducted under section 9(a).
7
8

(g) RULES
CIES.—A

OF

CONDUCT

AND

OTHER SCHOOL POLI-

participating school, including the schools de-

9 scribed in subsection (d), may require eligible students to
10 abide by any rules of conduct and other requirements ap11 plicable to all other students at the school.
12
13
14

(h) NATIONALLY NORM-REFERENCED STANDARDIZED

TESTS.—
(1) IN

GENERAL.—Each

participating school

15

shall comply with any testing requirements deter-

16

mined to be necessary for evaluation under section

17

9(a)(2)(A)(i).

18

(2) MAKE-UP

SESSION.—If

a participating

19

school does not administer a nationally norm-ref-

20

erenced standardized test or the Institute of Edu-

21

cation Sciences does not receive data on a student

22

who is receiving an opportunity scholarship, then the

23

Secretary (through the Institute of Education

24

Sciences of the Department of Education) shall ad-

25

minister such test at least one time during a school

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1

year for each student receiving an opportunity schol-

2

arship.

3
4
5

SEC. 9. EVALUATIONS.

(a) IN GENERAL.—
(1) DUTIES

OF

THE

6

MAYOR.—The

7

trict of Columbia shall—

SECRETARY

AND

THE

Secretary and the Mayor of the Dis-

8

(A) jointly enter into an agreement with

9

the Institute of Education Sciences of the De-

10

partment of Education to evaluate annually the

11

performance of students who received scholar-

12

ships under the 5-year program under this Act;

13

(B) jointly enter into an agreement to

14

monitor and evaluate the use of funds author-

15

ized and appropriated for the District of Co-

16

lumbia public schools and the District of Co-

17

lumbia public charter schools under this Act;

18

and

19

(C) make the evaluations described in sub-

20

paragraphs (A) and (B) public in accordance

21

with subsection (c).

22

(2) DUTIES

OF THE SECRETARY.—The

Sec-

23

retary, through a grant, contract, or cooperative

24

agreement, shall—

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1
2

(A) ensure that the evaluation under paragraph (1)(A)—

3

(i) is conducted using the strongest

4

possible research design for determining

5

the effectiveness of the opportunity schol-

6

arship program under this Act; and

7

(ii) addresses the issues described in

8

paragraph (4); and

9

(B) disseminate information on the impact

10

of the program—

11

(i) in increasing the academic growth

12

and achievement of participating eligible

13

students; and

14

(ii) on students and schools in the

15

District of Columbia.

16

(3) DUTIES

OF THE INSTITUTE OF EDUCATION

17

SCIENCES.—The

Institute of Education Sciences of

18

the Department of Education shall—

19

(A) use a grade appropriate, nationally

20

norm-referenced standardized test each school

21

year to assess participating eligible students;

22
23

(B) measure the academic achievement of
all participating eligible students; and

24

(C) work with the eligible entities to en-

25

sure that the parents of each student who ap-

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1

plies for a scholarship under this Act (regard-

2

less of whether the student receives the scholar-

3

ship) and the parents of each student partici-

4

pating in the scholarship program under this

5

Act, agree that the student will participate in

6

the measurements given annually by the Insti-

7

tute of Educational Sciences for the period for

8

which the student applied for or received the

9

scholarship, respectively, except that nothing in

10

this subparagraph shall affect a student’s pri-

11

ority for an opportunity scholarship as provided

12

under section 6.

13

(4) ISSUES

TO BE EVALUATED.—The

issues to

14

be evaluated under paragraph (1)(A) shall include

15

the following:

16

(A) A comparison of the academic growth

17

and achievement of participating eligible stu-

18

dents in the measurements described in para-

19

graph (3) to the academic growth and achieve-

20

ment of the eligible students in the same grades

21

who sought to participate in the scholarship

22

program under this Act but were not selected.

23

(B) The success of the program in expand-

24

ing choice options for parents of participating

25

eligible students, improving parental and stu-

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1

dent satisfaction of such parents and students,

2

respectively, and increasing parental involve-

3

ment of such parents in the education of their

4

children.

5

(C) The reasons parents of participating

6

eligible students choose for their children to

7

participate in the program, including important

8

characteristics for selecting schools.

9

(D) A comparison of the retention rates,

10

high school graduation rates, and college admis-

11

sion rates of participating eligible students with

12

the retention rates, high school graduation

13

rates, and college admission rates of students of

14

similar backgrounds who do not participate in

15

such program.

16

(E) A comparison of the safety of the

17

schools attended by participating eligible stu-

18

dents and the schools in the District of Colum-

19

bia attended by students who do not participate

20

in the program, based on the perceptions of the

21

students and parents.

22

(F) Such other issues with respect to par-

23

ticipating eligible students as the Secretary con-

24

siders appropriate for inclusion in the evalua-

25

tion, such as the impact of the program on pub-

•HR 471 EH

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1

lic elementary schools and secondary schools in

2

the District of Columbia.

3

(G) An analysis of the issues described in

4

subparagraphs (A) through (F) by applying

5

such subparagraphs by substituting ‘‘the sub-

6

group of participating eligible students who

7

have used each opportunity scholarship awarded

8

to such students under this Act to attend a par-

9

ticipating school’’ for ‘‘participating eligible stu-

10

dents’’ each place such term appears.

11

(5) PROHIBITION.—Personally identifiable in-

12

formation regarding the results of the measurements

13

used for the evaluations may not be disclosed, except

14

to the parents of the student to whom the informa-

15

tion relates.

16

(b) REPORTS.—The Secretary shall submit to the

17 Committees on Appropriations, Education and the Work18 force, and Oversight and Government Reform of the
19 House of Representatives and the Committees on Appro20 priations, Health, Education, Labor, and Pensions, and
21 Homeland Security and Governmental Affairs of the Sen22 ate—
23

(1) annual interim reports, not later than April

24

1 of the year following the year of the date of enact-

25

ment of this Act, and each subsequent year through

•HR 471 EH

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1

the year in which the final report is submitted under

2

paragraph (2), on the progress and preliminary re-

3

sults of the evaluation of the opportunity scholarship

4

program funded under this Act; and

5

(2) a final report, not later than 1 year after

6

the final year for which a grant is made under sec-

7

tion 4(a), on the results of the evaluation of the pro-

8

gram.

9

(c) PUBLIC AVAILABILITY.—All reports and under-

10 lying data gathered pursuant to this section shall be made
11 available to the public upon request, in a timely manner
12 following submission of the applicable report under sub13 section (b), except that personally identifiable information
14 shall not be disclosed or made available to the public.
15

(d) LIMIT ON AMOUNT EXPENDED.—The amount ex-

16 pended by the Secretary to carry out this section for any
17 fiscal year may not exceed 5 percent of the total amount
18 appropriated under section 14(a)(1) for the fiscal year.
19
20

SEC. 10. REPORTING REQUIREMENTS.

(a) ACTIVITIES REPORTS.—Each eligible entity re-

21 ceiving funds under section 4(a) during a year shall sub22 mit a report to the Secretary not later than July 30 of
23 the following year regarding the activities carried out with
24 the funds during the preceding year.
25

(b) ACHIEVEMENT REPORTS.—

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1

(1) IN

GENERAL.—In

addition to the reports

2

required under subsection (a), each eligible entity re-

3

ceiving funds under section 4(a) shall, not later than

4

September 1 of the year during which the second

5

school year of the entity’s program is completed and

6

each of the next 2 years thereafter, submit to the

7

Secretary a report, including any pertinent data col-

8

lected in the preceding 2 school years, concerning—

9

(A) the academic growth and achievement

10

of students participating in the program;

11

(B) the high school graduation and college

12

admission rates of students who participate in

13

the program, where appropriate; and

14
15

(C) parental satisfaction with the program.
(2) PROHIBITING

DISCLOSURE OF PERSONAL

16

INFORMATION.—No

17

may contain any personally identifiable information.

18

(c) REPORTS TO PARENTS.—

19

(1) IN

report under this subsection

GENERAL.—Each

eligible entity receiving

20

funds under section 4(a) shall ensure that each

21

school participating in the entity’s program under

22

this Act during a school year reports at least once

23

during the year to the parents of each of the school’s

24

students who are participating in the program on—

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1

(A) the student’s academic achievement, as

2

measured by a comparison with the aggregate

3

academic achievement of other participating

4

students at the student’s school in the same

5

grade or level, as appropriate, and the aggre-

6

gate academic achievement of the student’s

7

peers at the student’s school in the same grade

8

or level, as appropriate;

9

(B) the safety of the school, including the

10

incidence of school violence, student suspen-

11

sions, and student expulsions; and

12
13

(C) the accreditation status of the school.
(2) PROHIBITING

DISCLOSURE OF PERSONAL

14

INFORMATION.—No

15

may contain any personally identifiable information,

16

except as to the student who is the subject of the

17

report to that student’s parent.

18

(d) REPORT

TO

report under this subsection

CONGRESS.—Not later than 6

19 months after the first appropriation of funds under section
20 14, and each succeeding year thereafter, the Secretary
21 shall submit to the Committees on Appropriations, Edu22 cation and the Workforce, and Oversight and Government
23 Reform of the House of Representatives and the Commit24 tees on Appropriations, Health, Education, Labor, and
25 Pensions, and Homeland Security and Governmental Af-

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1 fairs of the Senate, an annual report on the findings of
2 the reports submitted under subsections (a) and (b).
3

SEC. 11. DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER

4
5

SCHOOLS.

(a) CONDITION OF RECEIPT OF FUNDS.—As a condi-

6 tion of receiving funds under this Act on behalf of the
7 District of Columbia public schools and the District of Co8 lumbia public charter schools, the Mayor shall agree to
9 carry out the following:
10

(1) INFORMATION

REQUESTS.—Ensure

that all

11

the District of Columbia public schools and the Dis-

12

trict of Columbia public charter schools comply with

13

all reasonable requests for information for purposes

14

of the evaluation under section 9(a).

15

(2) AGREEMENT

WITH

THE

SECRETARY.—

16

Enter into the agreement described in section

17

9(a)(1)(B) to monitor and evaluate the use of funds

18

authorized and appropriated for the District of Co-

19

lumbia public schools and the District of Columbia

20

public charter schools under this Act.

21

(3) SUBMISSION

OF REPORT.—Not

later than 6

22

months after the first appropriation of funds under

23

section 14, and each succeeding year thereafter, sub-

24

mit to the Committee on Appropriations, the Com-

25

mittee on Education and the Workforce, and the

•HR 471 EH

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1

Committee on Oversight and Government Reform of

2

the House of Representatives, and the Committee on

3

Appropriations, the Committee on Health, Edu-

4

cation, Labor, and Pensions, and the Committee on

5

Homeland Security and Governmental Affairs of the

6

Senate, information on—

7

(A) how the funds authorized and appro-

8

priated under this Act for the District of Co-

9

lumbia public schools and the District of Co-

10

lumbia public charter schools were used in the

11

preceding school year; and

12
13
14

(B) how such funds are contributing to
student achievement.
(b) ENFORCEMENT.—If, after reasonable notice and

15 an opportunity for a hearing for the Mayor, the Secretary
16 determines that the Mayor has not been in compliance
17 with 1 or more of the requirements described in subsection
18 (a), the Secretary may withhold from the Mayor, in whole
19 or in part, further funds under this Act for the District
20 of Columbia public schools and the District of Columbia
21 public charter schools.
22

(c) RULE

OF

CONSTRUCTION.—Nothing in this sec-

23 tion shall be construed to reduce, or otherwise affect,
24 funding provided under this Act for the opportunity schol25 arship program under this Act.

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1
2

SEC. 12. TRANSITION PROVISIONS.

(a) REPEAL.—The DC School Choice Incentive Act

3 of 2003 (sec. 38–1851.01 et seq., D.C. Official Code) is
4 repealed.
5

(b) SPECIAL RULES.—Notwithstanding any other

6 provision of law—
7

(1) funding appropriated to provide opportunity

8

scholarships for students in the District of Columbia

9

under the heading ‘‘Federal Payment for School Im-

10

provement’’ in title IV of division D of the Omnibus

11

Appropriations Act, 2009 (Public Law 111–8; 123

12

Stat. 653), the heading ‘‘Federal Payment for

13

School Improvement’’ in title IV of division C of the

14

Consolidated Appropriations Act, 2010 (Public Law

15

111–117; 123 Stat. 3181), or any other Act, may be

16

used to provide opportunity scholarships under sec-

17

tion 7(a) for the 2011–2012 school year to students

18

who have not previously received such scholarships;

19

(2) the fourth and fifth provisos under the

20

heading ‘‘Federal Payment for School Improvement’’

21

of title IV of Division C of the Consolidated Appro-

22

priations Act, 2010 (Public Law 111–117; 123 Stat.

23

3181) shall not apply; and

24

(3) any unobligated amounts reserved to carry

25

out the provisos described in paragraph (2) shall be

•HR 471 EH

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1

made available to an eligible entity receiving a grant

2

under section 4(a)—

3
4

(A) for administrative expenses described
in section 7(b); or

5

(B) to provide opportunity scholarships

6

under section 7(a), including to provide such

7

scholarships for the 2011–2012 school year to

8

students who have not previously received such

9

scholarships.

10

(c) MULTIYEAR AWARDS.—The recipient of a grant

11 or contract under the DC School Choice Incentive Act of
12 2003 (sec. 38–1851.01 et seq., D.C. Official Code), as
13 such Act was in effect on the day before the date of the
14 enactment of this Act, shall continue to receive funds in
15 accordance with the terms and conditions of such grant
16 or contract, except that—
17

(1) the provisos relating to opportunity scholar-

18

ships in the Acts described in subsection (b)(1) shall

19

not apply; and

20

(2) the memorandum of understanding de-

21

scribed in subsection (d), including any revision

22

made under such subsection, shall apply.

23

(d) MEMORANDUM

OF

UNDERSTANDING.—The Sec-

24 retary and the Mayor of the District of Columbia shall
25 revise the memorandum of understanding entered into

•HR 471 EH

32
1 under the DC School Choice Incentive Act of 2003 (sec.
2 38–1851.01 et seq., D.C. Official Code), as such Act was
3 in effect on the day before the date of the enactment of
4 this Act, to address—
5
6

(1) the implementation of the opportunity
scholarship program under this Act; and

7

(2) how the Mayor will ensure that the District

8

of Columbia public schools and the District of Co-

9

lumbia public charter schools comply with all the

10

reasonable requests for information as necessary to

11

fulfill the requirements for evaluations conducted

12

under section 9(a).

13

(e) ORDERLY TRANSITION.—Subject to subsections

14 (c) and (d), the Secretary shall take such steps as the Sec15 retary determines to be appropriate to provide for the or16 derly transition to the authority of this Act from any au17 thority under the provisions of the DC School Choice In18 centive Act of 2003 (sec. 38–1851.01 et seq., D.C. Official
19 Code), as such Act was in effect on the day before the
20 date of enactment of this Act.
21
22
23

SEC. 13. DEFINITIONS.

As used in this Act:
(1) ELEMENTARY

SCHOOL.—The

term ‘‘elemen-

24

tary school’’ means an institutional day or residen-

25

tial school, including a public elementary charter

•HR 471 EH

33
1

school, that provides elementary education, as deter-

2

mined under District of Columbia law.

3
4

(2) ELIGIBLE

ENTITY.—The

term ‘‘eligible enti-

ty’’ means any of the following:

5

(A) A nonprofit organization.

6

(B) A consortium of nonprofit organiza-

7

tions.

8

(3) ELIGIBLE

STUDENT.—The

term ‘‘eligible

9

student’’ means a student who is a resident of the

10

District of Columbia and comes from a household—

11

(A) receiving assistance under the supple-

12

mental nutrition assistance program established

13

under the Food and Nutrition Act of 2008 (7

14

U.S.C. 2011 et seq.); or

15

(B) whose income does not exceed—

16

(i) 185 percent of the poverty line; or

17

(ii) in the case of a student partici-

18

pating in the opportunity scholarship pro-

19

gram in the preceding year under this Act

20

or the DC School Choice Incentive Act of

21

2003 (sec. 38–1851.01 et seq., D.C. Offi-

22

cial Code), as such Act was in effect on the

23

day before the date of enactment of this

24

Act, 300 percent of the poverty line.

•HR 471 EH

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1
2

(4) MAYOR.—The term ‘‘Mayor’’ means the
Mayor of the District of Columbia.

3

(5) PARENT.—The term ‘‘parent’’ has the

4

meaning given that term in section 9101 of the Ele-

5

mentary and Secondary Education Act of 1965 (20

6

U.S.C. 7801).

7

(6) PARTICIPATING

ELIGIBLE STUDENT.—The

8

term ‘‘participating eligible student’’ means an eligi-

9

ble student awarded an opportunity scholarship

10

under this Act, without regard to whether the stu-

11

dent uses the scholarship to attend a participating

12

school.

13

(7) PARTICIPATING

SCHOOL.—The

term ‘‘par-

14

ticipating school’’ means a private elementary school

15

or secondary school participating in the opportunity

16

scholarship program of an eligible entity under this

17

Act.

18

(8) POVERTY

LINE.—The

term ‘‘poverty line’’

19

has the meaning given that term in section 9101 of

20

the Elementary and Secondary Education Act of

21

1965 (20 U.S.C. 7801).

22

(9) SECONDARY

SCHOOL.—The

term ‘‘sec-

23

ondary school’’ means an institutional day or resi-

24

dential school, including a public secondary charter

25

school, that provides secondary education, as deter-

•HR 471 EH

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1

mined under District of Columbia law, except that

2

the term does not include any education beyond

3

grade 12.

4

(10)

5
6
7

SECRETARY.—The

term

‘‘Secretary’’

means the Secretary of Education.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appro-

8 priated $60,000,000 for fiscal year 2012 and for each of
9 the 4 succeeding fiscal years, of which—
10

(1) one-third shall be made available to carry

11

out the opportunity scholarship program under this

12

Act for each fiscal year;

13
14
15

(2) one-third shall be made available to carry
out section 4(b)(1) for each fiscal year; and
(3) one-third shall be made available to carry

16

out section 4(b)(2) for each fiscal year.

17

(b) APPORTIONMENT.—If the total amount of funds

18 appropriated under subsection (a) for a fiscal year does
19 not equal $60,000,000, the funds shall be apportioned in

•HR 471 EH

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1 the manner described in subsection (a) for such fiscal
2 year.
Passed the House of Representatives March 30,
2011.
Attest:

Clerk.

•HR 471 EH

112TH CONGRESS
1ST SESSION

H. R. 471

AN ACT
To reauthorize the DC opportunity scholarship
program, and for other purposes.