69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–62 

SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS 

REAUTHORIZATION ACT 

MARCH 27, 2017.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. CHAFFETZ, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 1387] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 1387) to reauthorize the Scholarships for 

Opportunity and Results Act, and for other purposes, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 2 

Section-by-Section .................................................................................................... 9 

Explanation of Amendments ................................................................................... 12 

Committee Consideration ........................................................................................ 12 

Roll Call Votes ......................................................................................................... 12 

Application of Law to the Legislative Branch ....................................................... 16 

Statement of Oversight Findings and Recommendations of the Committee ...... 16 

Statement of General Performance Goals and Objectives .................................... 16 

Duplication of Federal Programs ............................................................................ 16 

Disclosure of Directed Rule Makings ..................................................................... 16 

Federal Advisory Committee Act ............................................................................ 16 

Unfunded Mandate Statement ............................................................................... 16 

Earmark Identification ............................................................................................ 17 

Committee Estimate ................................................................................................ 17 

Budget Authority and Congressional Budget Office Cost Estimate .................... 17 

Changes in Existing Law Made by the Bill as Reported ...................................... 19 

Minority Views ......................................................................................................... 37 


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1District of Columbia Office of the State Superintendent of Educ., DC 2015 Adjusted Cohort 

4-year Graduation Rate (2011-2012 9th Grade Class), available at http://osse.dc.gov/sites/default/ 

files/dc/sites/osse/publication/attachments/Adjusted%20Cohort%20Graduation%20Rate% 

20Overview%202014-15.pdf; District of Columbia Office of the State Superintendent of Educ., 

DC 2016 Adjusted Cohort 4-year Graduation Rate (9th Grade Class Entering for the First Time 

in 2012-2013 School Year), available at http://osse.dc.gov/sites/default/files/dc/sites/osse/publication/attachments/Adjusted%20Cohort%20Graduation%20Rate%20Overview%202015-16.pdf. 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 1387, the Scholarships for Opportunity and Results Reauthorization Act, or SOAR Reauthorization Act, reauthorizes funding 

for grants to D.C. public schools and public charter schools. The 

Act also reauthorizes the Opportunity Scholarship Program (OSP), 

which provides grants to children of families that meet specific criteria to offset the costs of attending private schools. H.R. 1387 authorizes an appropriation of $60 million each fiscal year through 

fiscal year 2022, distributed equally between D.C. public schools, 

public charter schools, and OSP. Reauthorization of SOAR will ensure that recent gains in academic achievement across the D.C. 

education triumvirate continue to improve. 

BACKGROUND AND NEED FOR LEGISLATION

The SOAR Act provides critical resources to all three of the education resources available to children in the District of Columbia 

(‘‘District’’ or ‘‘D.C.’’). D.C. public schools, public charter schools, 

and the Opportunity Scholarship Program all receive critical funds 

through SOAR. These funds in turn help to create an environment 

where local students are able to access successful schools, and have 

a pathway to future success. 

SOAR will help maintain and enhance educational improvements 

In recent years, academic achievement has increased in the District. The graduation rate for District public schools increased from 

64 percent in the 2014–2015 school year to 69 percent in the 2015– 

2016 school year.1 Although this gain is commendable and deserves 

recognition, the 69 percent underscores the need for continued improvement. SOAR is vital tool in ensuring that rates continue to 

rise, and more D.C. students have the opportunity to achieve academic success. 

H.R. 1387 reauthorizes the SOAR Act for another five years, authorizing up to $300 million in federal funding over this timeframe 

to help support education in the District. The $300 million authorized by H.R. 1387 is divided equally among D.C. public schools, 

D.C. public charter schools, and the OSP. All three pillars of a 

strong education system for D.C. students benefit from this program, and OSP takes nothing away from public schools or public 

charter schools. D.C. public schools and D.C. public charter schools 

benefit from additional funding that would otherwise not be available to support education within the District. The dedicated funds 

appropriated under this authorization will help improve public 

schools and public charter schools. The District of Columbia benefits from a strong network of public charter schools that provide 

meaningful alternatives to families whose only other option would 

be low-performing public schools. H.R. 1387 ensures that D.C. pubVerDate Sep 11 2014 05:49 Mar 28, 2017 Jkt 069006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR062.XXX HR062

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2Letter from Muriel Bowser, Mayor, District of Columbia, Phil Mendelson, Chairman, District 

of Columbia Council, et al., to Mitch McConnell, Maj. Leader, U.S. Sen., Harry Reid, Min. Leader, U.S. Sen., Paul Ryan, Speaker, U.S. H.R., Nancy Pelosi, Min. Leader, U.S. H.R. (Mar. 2016). 3Patrick Wolf et al., Evaluation of the DC Opportunity Scholarship Program: Final Report, 

U.S. Dep’t of Educ., Inst. of Educ. Sciences, Nat’l Center for Educ. Evaluation & Regional Assistance, at 67, (June 2010) (NCEE 2010–4018) (hereinafter ‘‘Wolf et al., 2010’’). 4 Nat’l Center for Educ. Statistics, Digest of Education Statistics, Table 222.60 (2013), Table 

222.50 (2013), Table 221.60 (2013), Table 221.40 (2013), available at https://nces.ed.gov/programs/digest/2013menu_tables.asp. 5See e.g. increased graduation rates of 69%. DC 2016 Adjusted Cohort 4-year Graduation Rate 

(9th Grade Class Entering for the First Time in 2012–2013 School Year), available at http:// 

osse.dc.gov/sites/default/files/dc/sites/osse/publication/attachments/ 

Adjusted%20Cohort%20Graduation%20Rate%20Overview%202015-16.pdf. 6 Nat’l Center for Educ. Statistics, National Assessment of Education Progress (NAEP), The 

Nation’s Report Card, DC 2015, 4th Grade Reading State Snapshot Report available at http:// 

nces.ed.gov/nationsreportcard/subject/publications/stt2015/pdf/2016008DC4 (hereafter ‘‘DC 4th 

grade 2015 Reading State Snapshot Report.’’); See also Nat’l Center for Educ. Statistics, NAEP, 

The Nation’s Report Card, DC 2015, 4th Grade Mathematics State Snapshot available at http:// 

nces.ed.gov/nationsreportcard/subject/publications/stt2015/pdf/2016009DC4.pdf (hereafter ‘‘DC 

2015 4th Grade Math State Snapshot Report’’); See also Nat’l Center for Educ. Statistics, NAEP, 

The Nation’s Report Card, DC 2015, 8th Grade Reading State Snapshot available at http:// 

nces.ed.gov/nationsreportcard/subject/publications/stt2015/pdf/2016008DC8.pdf (hereafter ‘‘DC 

8th grade 2015 Reading State Snapshot Report’’); See also Nat’l Center for Educ. Statistics, 

NAEP, The Nation’s Report Card, DC 2015, 8th Grade Mathematics State Snapshot available at http://nces.ed.gov/nationsreportcard/subject/publications/stt2015/pdf/2016009DC8.pdf (hereafter ‘‘DC 8th grade 2015 Math State Snapshot Report’’). 

lic charter schools receive funding for continued improvement, 

strengthening educational options for D.C. children. 

Similarly, the funds provided to D.C. public schools under SOAR 

will help to continue recent progress in academic achievement. This 

fact is clear to the District’s local elected officials. D.C. Mayor 

Muriel Bowser and members of the D.C. Council, in a March 2016 

letter, stated, ‘‘These [SOAR Act] funds are critical to the gains 

that the District’s public education system has seen in recent 

years.’’ 2

Evidence suggests the OSP has a positive impact on public 

schools. The OSP has prompted public school principals within the 

District to implement changes to retain students that might pursue 

the OSP or private school education. According to a 2010 U.S. Department of Education study of the OSP, 28 percent of public 

school principals indicated that they made changes to their operations in an effort to keep students from leaving public school for 

the OSP or a private school.3 This indicates that public schools are 

adapting and making themselves better in order to be more competitive with the private schools participating in the OSP. As the 

District continues to make gains in and through its public schools, 

H.R. 1387 further supports those efforts. 

The Opportunity Scholarship Program (OSP) is helping students 

and families 

The OSP provides grants to students who meet certain eligibility 

requirements. These grants are then used by the student and their 

families to help offset the costs of tuition at participating private 

schools. In 2003, when the OSP was first included as part of the 

D.C. Parental Choice Incentive Act of 2003, D.C. public school students had the lowest test scores in the nation.4 In the decade since, 

D.C. public schools have shown improvement in many areas.5 However, D.C. public school students continue to test well below national averages, with scores that remain at or near the bottom of 

the United States.6 It is important to support the continued 

progress of D.C. public education. At the same time, children in the 


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7DC 8th grade 2015 Reading State Snapshot Report, supra note 6; DC 8th grade 2015 Math 

State Snapshot Report, supra note 6. 8DC 8th grade 2015 Math State Snapshot Report, supra note 6. 9DC 8th grade 2015 Reading State Snapshot Report, supra note 6. 10DC 4th grade 2015 Math State Snapshot Report, supra note 6; DC 4th grade 2015 Reading 

State Snapshot Report, supra note 6. 11DC 4th grade 2015 Math State Snapshot Report, supra note 6. 12DC 4th grade 2015 Reading State Snapshot Report, supra note 6. 13Wolf et al., 2010, supra note 3, at 36-41. 14 Id. 15 Id. 16 Id., at 35–37, Table 3–2 and Figure 3–1 (June 2010) (NCEE 2010–4018). 17 H. Comm. on Oversight & Gov’t Reform, Hearing on D.C. Opportunity Scholarship Program: 

Making the American Dream Possible, 114th Cong. (May 14, 2015) (statement of Dr. Patrick 

Wolf, Professor and 21st Century Chair in School Choice at the College of Educ. & Health Professions at the University of Arkansas); See also Wolf et al., 2010, supra note 3, at 37, footnote 

39. 18 H. Comm. on Oversight & Gov’t Reform, Hearing on D.C. Opportunity Scholarship Program: 

Making the American Dream Possible, 114th Cong. (May 14, 2015) (statement of Dr. Patrick 

Wolf, Professor and 21st Century Chair in School Choice at the College of Educ. & Health Professions at the University of Arkansas); See also Wolf et al., 2010, supra note 3, at 37, footnote 

39. 19District of Columbia Office of the State Superintendent of Educ., DC 2015 Adjusted Cohort 

4-year Graduation Rate (2011–2012 9th Grade Class), available at http://osse.dc.gov/sites/default/ 

files/dc/sites/osse/publication/attachments/ 

Adjusted%20Cohort%20Graduation%20Rate%20Overview%202014-15.pdf; Serving Our Children, 

D.C. Opportunity Scholarship Program 2015–2016 Program Summary, available at http:// 

servingourchildrendc.org/blog/program-facts/. 

District deserve every possible opportunity to achieve academic 

success. The OSP provides exactly that sort of opportunity. 

In 2015, D.C. eighth graders had the lowest average math and 

reading scores of any state.7 In math, 49 percent of students scored 

below basic, compared to the national average of 30 percent.8 In 

reading, 44 percent of students scored at the below basic level, 

compared to the national average of 25 percent.9 In 2015, D.C. 

fourth graders remained at or near the bottom of scores in the 

country.10 Among D.C. fourth graders, 31 percent of students tested below a basic level in math, compared to the national average 

of 19 percent.11 In reading, 44 percent of students tested below a 

basic level, compared to the national average of 32 percent.12

There is substantial evidence that OSP students are seeing improved achievement against non-OSP students in reading. The 

2009 U.S. Department of Education evaluation found that after 

three years, OSP students scored significantly higher in reading 

achievement.13 This difference equated to roughly three or four 

months of additional instruction.14 The final evaluation, conducted 

between 2004 and 2009, achieved only a 94 percent confidence 

level-one percent below the necessary 95 percent confidence level.15

As a result, the report could not conclusively state it increased 

reading achievement.16 However, Dr. Patrick Wolf, the leading researcher on the study, indicated that the lower confidence level was 

caused by the sample having changed.17 As students naturally 

graduated, the researchers had a smaller, different group of students for the fourth year of the study.18

The OSP has resulted in a meaningful impact on graduation 

rates in D.C. OSP students graduate high school at a much higher 

rate than their counterparts at D.C. public schools. During the 

2015–2016 school year, OSP students had a graduation rate of 95 

percent, while D.C. public school students had a graduation rate of 

69 percent.19 OSP students graduated well above the national averVerDate Sep 11 2014 05:49 Mar 28, 2017 Jkt 069006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR062.XXX HR062

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20 Nat’l Center for Educ. Statistics, Common Core of Data, Public high school 4-year adjusted 

cohort graduation rate (ACGR) for the United States, the 50 states, and the District of Columbia: 

School Year 2013–2014. This is the latest data available by NCES. 21Wolf et al., 2010, supra note 3, at 41. 22Serving Our Children, D.C. Opportunity Scholarship Program 2014–2015 Program Summary, available at http://servingourchildrendc.org/blog/program-facts/. 23D.C. Children and Youth Investment Trust Corporation, D.C. Opportunity Scholarship Program 2013–2014 Program Summary, available at http://dcscholarships.org/elements/file/OSP/ 

SY%2016-17%20Documents/2014_06_03%20DC%20OSP%20Program%20Summary.; See also 

OSP 2014–2015 Program Summary, supra note 17. 24 U.S. Bureau of Labor Statistics, Employment Projections 2015, available at http:// 

www.bls.gov/emp/ep_chart_001.htm. 25 Id. 26 Id. 27 Id. 28Patrick J. Wolf and Michael McShane, Is the Juice Worth the Squeeze? A Benefit/Cost Analysis of the District of Columbia Opportunity Scholarship Program, Education Finance and Policy 

(2013), 8(1), at 74–99. 29Wolf et al., 2010, supra note 3, at 43–46. 30 Id. 31 U.S. Dep’t of Educ., Inst. of Educ. Sciences, Nat’l Center for Educ. Evaluation & Regional 

Assistance, Applying to the DC Opportunity Scholarship Program: How do Parents Rate their 

Children’s Current Schools at Time of Application and what do they Want in New Schools?, at 

4 (Apr. 2016) (NCEE Evaluation Brief) (hereinafter ‘‘NCEE Evaluation Brief, April 2016’’). 

age of 82 percent.20 Students from low-achieving schools in particular appear to be benefiting from the OSP, as students in lowachieving schools that used an OSP scholarship increased their 

graduation rate from 66 percent to 79 percent, compared to students in low-achieving schools that applied for an OSP scholarship 

but did not receive it.21 Without an OSP grant, 87.4 percent of students attending an OSP participating school in the 2014–2015 

school year, would have otherwise attended a school that had been 

designated as in need of improvement.22 Further, in 2014, the OSP 

saw 98 percent of its graduating students enroll in a two- or fouryear college, with an 88 percent enrollment rate in 2015.23

The OSP is positioning students in the District for academic success that will continue to benefit them for the rest of their lives. 

According to the Bureau of Labor Statistics, in 2016, high school 

graduates with no college had a median weekly income that was 

$185 higher than those without a diploma.24 This number is even 

higher for those with some college experience, and for those with 

a bachelor’s degree, their median weekly earnings were more than 

twice that of those without a high school diploma.25 Additionally, 

in 2015, the unemployment rate was 33 percent lower for those 

with a high school diploma than for those without.26 For those with 

a bachelor’s degree, the unemployment rate was 65 percent lower 

than for those without a high school diploma.27 A study conducted 

by Dr. Wolf and Dr. Michael McShane found that for every dollar 

spent on the program, the OSP produces $2.62, or a 162 percent 

return on investment.28 Simply put, OSP is a cost-effective program. 

OSP parents report the schools they are choosing for their children are safer than the alternative public school.29 Parents also exhibited greater satisfaction with their child’s school because of the 

OSP.30 According to an April 2016 report published by the Institute 

of Education Sciences examining the OSP, parents indicated greater satisfaction for private schools than for public schools.31 Parents 

were surveyed at the time of submitting their application for OSP 

about their satisfaction levels with their child’s current school. 

That survey showed 93 percent of parents of private-school students gave their current school a grade of an A or B, while only 


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32 Id. 33 Id. The percentages do not sum to 100 due to rounding. 34Lester & Associates, The District of Columbia Citywide Survey, Feb. 2011, Question 25. 35 NCEE Evaluation Brief, April 2016, supra note 31, at 8. 36 Id. 37 Id, at 8 and 10. 38See National Center for Education Evaluation & Regional Assistance, Evaluation of the DC 

Opportunity Scholarship Program: Mandated Evaluation of the OSP, available at https:// 

ies.ed.gov/ncee/pubs/20094050/summ_2.asp. 39The use of a control group limits students from participating by requiring a group of students that has not had access to the OSP in order to compare to OSP students. By nature of 

being a control group, these students must not be subject to the experimental factor, in this case 

attending a private school through the OSP program and instead attending a public school or 

public charter school, in order to determine what effect OSP participation has on academic 

achievement. 

55 percent of public school parents did the same.32 Put differently, 

44 percent of public school parents applying for the OSP gave their 

child’s current school a grade of a C, D, or F; only 8 percent of private school parents rated their child’s current school as a C or 

lower.33 The strong satisfaction with private schools helps explain 

the strong support for the OSP within the District. Seventy-four 

percent of OSP parents and the community support the continuation of the program.34

According to an April 2016 Institute of Education Sciences’ report, parents of private school students indicated the least amount 

of dissatisfaction with their child’s school across each of the 12 categories measured.35 In each category, the dissatisfaction with public schools was at least 15 percentage points greater than the dissatisfaction with private schools.36 With respect to ‘‘academic quality,’’—the top priority for parents choosing a new school—parents 

of public school students registered dissatisfaction at 42 percent 

compared to the 6 percent registered by parents of private school 

students.37

The SOAR Act enhances OSP 

The OSP is contributing to the success of students in the District 

and parents’ satisfaction with their child’s education. As a result of 

the demonstrated success of the OSP, H.R. 1387 revises the structure for evaluating the program. Beginning in 2003, the D.C. Parental Choice Incentive Act, and the subsequent SOAR Act, required the OSP be evaluated using the strongest possible research 

design. To fulfill this requirement, the Secretary of Education utilized a randomized control evaluation, creating a lottery system 

where some student applicants received scholarships, while other 

student applicants were placed in a ‘‘control group’’ and did not receive a scholarship.38 The current method of evaluation limits participation in the program and excludes students from receiving a 

scholarship.39 Given the documented success of the program, H.R. 

1387 shifts the OSP evaluation to a new standard that will still 

rigorously measure student achievement, but not deny scholarships 

to certain students placed into a control group. 

In order to ensure the new evaluation method is rigorous, H.R. 

1387 requires the use of a quasi-experimental research design evaluation. This evaluation compares the academic achievement of OSP 

students to the academic achievement of a comparison group of students with similar backgrounds in D.C. public schools. The study 

is to continue evaluating students who received a scholarship and 

were previously studied under the former evaluation. The evaluaVerDate Sep 11 2014 05:49 Mar 28, 2017 Jkt 069006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR062.XXX HR062

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40What Works Clearinghouse, Designing Quasi-Experiments: Meeting What Works Clearinghouse Standards Without Random Assignment, Webinar Transcript, Mar. 3, 2015, available at 

http://ies.ed.gov/ncee/wwc/multimedia/qedwebinar/wwc_webinar_qed_030315.pdf. 41Gov’t Accountability Office, District of Columbia Opportunity Scholarship Program: Additional Policies and Procedures Would Improve Internal Controls and Program Operations, at 20 

(Nov. 2007) (GAO–08–9); see also Gov’t Accountability Office, District of Columbia Opportunity 

Scholarship Program: Actions Needed to Address Weaknesses in Administration and Oversight, 

at 19 (Sept. 2013) (GAO–13–805). 42Lyndsey Layton and Emma Brown, Quality Controls Lacking for D.C. Schools Accepting 

Federal Vouchers, WASH. POST, Nov. 17, 2012. 43 Id.; Gov’t Accountability Office, District of Columbia Opportunity Scholarship Program: Additional Policies and Procedures Would Improve Internal Controls and Program Operations, at 

20 (Nov. 2007) (GAO–08–9); see also Gov’t Accountability Office, District of Columbia Opportunity Scholarship Program: Actions Needed to Address Weaknesses in Administration and Oversight, at 19 (Sept. 2013) (GAO–13–805). 44The Consolidated Appropriations Act, 2016 contained accreditation provisions requiring 

OSP participating schools become accredited. However, concerns arose over the way the language was drafted over the possibility that schools could participate in the program without ever 

becoming fully accredited. Out of an abundance of caution, H.R. 1387 repeals the Consolidated 

Appropriations Act, 2016 language (Division E, Sec. 817) and replaces it with clearer language 

ensuring accreditation. Because the original accreditation language (which required OSP participating, unaccredited schools and unaccredited schools who want to participate in the OSP begin 

seeking accreditation within a year of enactment) took effect upon enactment of the Consolidated Appropriations Act, 2016, the accreditation language in H.R. 1387 is tied to this original 

enactment date to maintain the five year accreditation timeline originally envisioned and enacted through the Consolidated Appropriations Act, 2016. 

tion is not a descriptive analysis, nor does it compare OSP students 

to their own performance over time. Rather, it is an evaluation of 

OSP student achievement compared to D.C. public school student 

achievement, comparing students from similar backgrounds. 

Instead of requiring students be excluded from OSP, the study 

should be designed to meet the U.S. Department of Education’s The 

What Works Clearinghouse standards for a ‘‘qualified quasi-experimental design.’’ A study conducted according to these standards 

permits evaluators to draw causal conclusions about the program, 

with the reservations typical of such non-experimental analyses.40

The legislation also addresses prior concerns with the administration of OSP. Two previously published Government Accountability Office reports cited concerns with the OSP administrator’s 

internal controls, including policies and procedures for financial 

management.41 An investigation by The Washington Post conducted 

in 2012 highlighted similar concerns.42 These reports also noted 

that the OSP administrator did not maintain complete information 

about OSP schools’ accreditation, which serves as a means of accountability and oversight.43 H.R. 1387 addresses the concerns 

raised in the reports by requiring the OSP administrator utilize internal fiscal and quality controls, and by requiring OSP participating schools to become accredited. 

The new controls required by the SOAR Reauthorization Act 

mandate the administrator of the OSP report on how he or she will 

ensure the financial viability of participating schools where 85 percent or more of the student body are OSP participants. The bill 

also requires that all schools be accredited within four years of enactment.44 These changes help address quality control concerns 

and ensure students in the District receive the high standard education they deserve. 

The legislation also requires that criminal background checks be 

conducted on school employees who have direct, unsupervised 

interaction with students, and that at OSP participating schools, 

teachers of core subject matter (mathematics; science; and English, 

reading, or language arts) have a baccalaureate or equivalent degree. 


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45Letter from Nadya Chinoy Dabby, Asst. Deputy Sec. for Innovation and Improvement, U.S. 

Dep’t. of Educ., to Jason Chaffetz, Chairman, H. Comm. on Oversight & Gov’t. Reform, (Mar. 

2, 2016) (hereinafter ‘‘Letter from Nadya Chinoy Dabby’’). 46 Id. See also Pub. L. No. 112–10, Division C, Sec. 3006 (2). 

H.R. 1387 ensures that all eligible students are permitted access 

to the OSP. The Department of Education asserted that students 

may be prevented from participating in the program based on the 

type of school the student previously attended, whether a student 

was previously awarded a scholarship that remains unused, and 

whether the student was a member of the previous control group 

used in the Institute of Education Sciences study.45 The Department interpreted the SOAR Act’s direction to the Department to 

‘‘target resources to students and families that lack the financial 

resources to take advantage of available educational options’’ as allowing it to exclude these eligible students from participating in 

the program.46 H.R. 1387 prevents the Department from continuing this practice of shutting eligible students out of the program. 

All of these changes serve to enhance the OSP. H.R. 1387 provides greater oversight and transparency of the program while ensuring students are able to participate in the OSP and the program 

administrator has access to the resources that Congress appropriates. 

LEGISLATIVE HISTORY

On March 7, 2017, Chairman Jason Chaffetz introduced H.R. 

1387, the Scholarships for Opportunity and Results Act, with Representatives Mark Meadows, Virginia Foxx, Luke Messer, Rodney 

Frelinghuysen, Tim Walberg, Todd Rokita, Andy Harris, Ron 

DeSantis are original cosponsors. Representatives Dan Lipinksi 

and Steve Russell subsequently cosponsored the bill. H.R. 1387 was 

referred to the House Committee on Oversight and Government 

Reform. The Committee considered H.R. 194 at a business meeting 

on March 10, 2017 and ordered the bill reported favorably, without 

amendment, by voice vote. 

Two similar bills were introduced in the 114th Congress. The 

first, H.R. 10, was introduced by then-Speaker of the House John 

Boehner on October 5, 2015. H.R. 10 was referred to the Committee on Oversight and Government, and ordered favorably reported, as amended, on October 9, 2015 by a recorded vote of 16– 

14. The Act passed the House of Representatives on October 21, 

2015 by a vote of 240–191. A Senate companion to H.R. 10, numbered S. 2171, was introduced by Senator Dianne Feinstein on October 8, 2015. S. 2171 was referred to the Senate Committee on 

Homeland Security and Governmental Affairs. The Committee held 

a hearing on the bill on November 4, 2015. 

The second similar bill in the 114th Congress was H.R. 4901, 

which was introduced by Representative Jason Chaffetz on April 

12, 2016. The bill was referred to the Committee on Oversight and 

Government Reform. The Committee held a business meeting on 

April 14, 2016, where the bill was reported favorably by voice vote. 

H.R. 4901 passed the House on April 29, 2016 by a vote of 224– 

181. Language similar to H.R. 4901 was included in the House Financial Services and General Government Appropriations Act of 

2017, H.R. 5485. A portion of this language, the release of carryVerDate Sep 11 2014 05:49 Mar 28, 2017 Jkt 069006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR062.XXX HR062

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over funds withheld by the Department of Education, was included 

in H.R. 2028, the FY 2017 Continuing Resolution. 

SECTION-BY-SECTION

Section 1. Short title; References in Act 

Section 1 designates the short title as the ‘‘Scholarship for Opportunity and Results Reauthorization Act,’’ or ‘‘SOAR Reauthorization Act.’’ 

Section 2. Repeal 

Section 2 repeals all provisions, and revives and restores those 

provisions repealed by the Consolidated Appropriations Act, 2016. 

Section 3. Purposes 

Section 3 amends section 3003 of by Public Law 112–10 by clarifying that the purpose of the act is to provide particularly for parents of students who attend an elementary school or secondary 

school identified as one of the lowest performing schools under the 

District of Columbia’s accountability system, with’’. 

Section 4. Prohibiting imposition of limits on types of eligible students participating in the program 

This section amends section 3004(a) (sec. 38–1853.04(a), D.C. Official Code) by making clear the Secretary of the Department of 

Education (Secretary) shall not limit otherwise eligible students 

from participating in the Opportunity Scholarship Program (OSP) 

based on the type of school the student previously attended, whether or not the student previously received a scholarship (including 

whether an eligible student was previously awarded a scholarship 

and did not use the scholarship), or whether the student was a 

member of the evaluation ‘‘control group’’ that previously prohibited them from participating in OSP. 

Section 5. Requiring eligible entities to utilize internal fiscal and 

quality controls 

This section amends section 3005(b)(1) of Public Law 112–10 by 

making clear that participating schools may not be required to submit to more than one site visit per school year. 

The section requires the OSP administrator to ensure the financial viability of all participating schools where 85 percent or more 

of the students received and use scholarships. The section requires 

the eligible entity to ensure that it uses internal fiscal and quality 

controls and complies with applicable reporting requirements. 

Section 6. Clarification of priorities for awarding scholarships to eligible students 

This section amends section 3006(1) of Public Law 112–10 by 

clarifying that priorities for awarding scholarships shall be based 

on attendance at an elementary school or secondary school identified as one of the lowest-performing schools under the District of 

Columbia accountability system. 


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Section 7. Modification of requirements for participating schools 

and eligible entities 

This section amends section 3007(a)(4) of Public Law 112–10 by 

requiring that entities ensure that core subject matter classes are 

taught by teachers holding a baccalaureate or equivalent degree. 

The section also requires the entity conduct criminal background 

checks on employees with direct unsupervised access to children 

and complies with requests for data and information regarding reporting requirements listed in section 3010. 

This section further amends section 3007(a) of Public Law 112– 

10 by clarifying that no funds may be used to enroll in a school unless that school is fully accredited or is pursuing full accreditation 

within one year of the enactment of the Consolidated Appropriations Act, 2016, and is fully accredited within five years of the date 

which the school began the accreditation process. The section further requires that, not later than five years after enactment of the 

SOAR act, each participating school shall submit a certification of 

full accreditation. Failure to submit the certification will require 

the school to assist students in identifying and applying to another 

participating school. Students that have been awarded a scholarship in the past, but have not used the scholarship, are to be treated as renewal students and not new applicants. 

This section further amends section 3007 of Public Law 112–10 

by clarifying that the Secretary shall make $2 million of the 

amount appropriated each fiscal year available to the eligible entities to cover administrative expenses, such as determining eligibility, selecting students to receive scholarships, maintaining 

records, conducting site visits, and conducting a study on barriers 

faced by participating eligible students in gaining admission or attending participating schools. Funds shall also be dispensed to 

cover the expense of educating parents and providing information 

and funds to parents of eligible students for purposes related to attendance at the participating school. 

The section also clarifies that funds for student academic assistance shall be based on the student previously attending an elementary school or secondary school identified as one of the lowest performing schools. 

Section 8. Program evaluation 

This section amends section 3009(a) of Public Law 112–10 (sec. 

38–1853.09(a), D.C. Official Code). The section requires the Mayor 

of D.C. and Secretary to have the Institute of Education Sciences 

(IES), within the Department of Education, annually evaluate the 

OSP, and agree to monitor and evaluate D.C. public schools and 

public charter schools’ use of funds. These evaluations are to be 

made public. 

This section requires the Secretary to ensure the annual OSP 

evaluation uses a quasi-experimental research design that does not 

require a control group that would prohibit eligible students from 

entering the OSP and will disseminate information on the impact 

of the program. 

This section makes clear that IES will assess participating students in grades three through eight and one grade in high school 

and that the evaluation shall measure achievement of participating 

students who use an opportunity scholarship. IES will work with 


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eligible entities to ensure parents of participating students agree to 

participate in the evaluations. 

The section requires the following issues be evaluated by IES: a 

comparison of academic achievement of OSP participating students 

with similar backgrounds in D.C. public schools; the success of expanding choice options for parents and increasing satisfaction of 

parents and students with their choice; reasons for participating in 

the program; a comparison of retention, graduation, college admission, college persistence, and college graduation rates of OSP participating students with those in the D.C. public school comparison 

group (a similar comparison of college enrollment, persistence, and 

graduation rates for students who participated in the OSP in certain years compared to students who entered the OSP lottery but 

were not selected); school safety; an assessment of student achievement at OSP participating schools with 85 percent or greater enrollment of OSP participating students; and other issues the Secretary deems appropriate. 

The section provides protections for the personally identifiable information of students. 

The evaluation conducted under the previous authorizations of 

the SOAR Act will be terminated, but the Secretary will continue 

to monitor and evaluate students who were evaluated under the 

most recent evaluation prior to the date of enactment of this Act. 

Section 9. Funding for District of Columbia public schools and public charter schools 

This section amends section 3011(b) of Public Law 112–10 by 

clarifying that in the event, after reasonable notice and opportunity 

for a hearing, the Secretary determines the Mayor has failed to 

comply with any reporting requirements in subsection (a), the Secretary may withhold, in part or in whole, funds authorized to be 

appropriated under section 3014(a)(2), 3014(a)(3), or 3014(a)(2) or 

(3) of D.C. Official Code, as the circumstances of the failure to report dictate. 

The section also clarifies the rules for how funds shall be provided to support public charter schools by permitting the Secretary 

to direct funds provided in any fiscal year, or portion thereof, to the 

State Superintendent of Education for the District. The State Superintendent may transfer funds to a specific public charter school 

or network of schools, or a District-based non-profit with experience 

in successfully supporting District public charter schools or networks of schools. 

Section 10. Revision of current memorandum of understanding 

This section requires that the Secretary of Education and the 

Mayor revise the memorandum of understanding to address the 

amendments made by this act, the need to ensure participating 

schools meet fire code standards and maintain certificates of occupancy, and that public schools and public charter schools meet the 

requirements for complying with reasonable requests for information to carry out evaluations. 


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Section 11. Definitions 

This section amends section 3013 of Public Law 112–10 to define 

core subject matter courses, such as mathematics, science, and 

English, reading, or language arts. 

Section 12. Extension of authorization of appropriations 

This section authorizes the OSP program through fiscal year 

2022, effective September 30, 2016. 

Section 13. Effective date 

This section clarifies that the act shall take affect with respect 

to the 2018–2019 school year and each succeeding year. 

EXPLANATION OF AMENDMENTS

During Full Committee consideration of the bill, three amendments were offered to H.R. 1387. 

Representative Connolly (D–VA) offered an amendment to require the evaluation of the program be conducted using the strongest possible research design standards and practices. The amendment required the use of control groups in the evaluation process, 

thereby depriving groups of students from access to the OSP. The 

amendment was not adopted by a roll call vote of 17 to 23. 

Representative Watson-Coleman (D–NJ) offered an amendment 

that added the categories of sexual orientation and gender to the 

list of protected classes under the nondiscrimination clause in Section 3008(a) of the SOAR Act. The amendment was not adopted by 

a roll call vote of 17 to 22. 

Representative DeSaulnier (D–CA) offered an amendment that 

applied the Individuals with Disabilities Education Act to students 

participating in the OSP. The amendment was not adopted by a 

roll call vote of 18 to 23. 

COMMITTEE CONSIDERATION

On March 10, 2017, the Committee met in open session and ordered reported favorably the bill, H.R. 1387, by voice vote, a 

quorum being present. 

ROLL CALL VOTES

There were three recorded votes during consideration of H.R. 

1387: 


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APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill reauthorizes authority to 

appropriate funding for D.C. public schools and public charter 

schools. As such, this bill does not relate to employment or access 

to public services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goal or objective of this bill is to reauthorize the Scholarships for Opportunity and Results Act, and for other purposes. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of this bill establishes or reauthorizes a program of 

the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting this bill does not direct 

the completion of any specific rule makings within the meaning of 

section 551 or title 5, United States Code. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of Section 5(b) of the appendix to title 5, United States 

Code. 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement as to whether 

the provisions of the reported include unfunded mandates. In compliance with this requirement, the Committee has included below 

a letter received from the Congressional Budget Office. 


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EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out this bill. 

However, clause 3(d)(2)(B) of that rule provides that this requirement does not apply when the Committee has included in its report 

a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974, which the Committee has included below. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

this bill from the Director of Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, March 27, 2017. 

Hon. JASON CHAFFETZ, Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1387, the Scholarships for 

Opportunity and Results Reauthorization Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Leah Koestner. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 1387—Scholarships for Opportunity and Results Reauthorization Act 

Summary: H.R. 1387 would amend and reauthorize the Scholarships for Opportunity and Results Act and would authorize the appropriation of $60 million annually through fiscal year 2022. CBO 

estimates that enacting H.R. 1387 would cost $315 million over the 

2017–2022 period, assuming appropriation of the authorized 

amounts. 

Enacting the bill would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting H.R. 1387 would not increase net direct spending or 


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on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

H.R. 1387 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 1387 is shown in the following table. The costs 

of this legislation fall within budget function 500 (education, training, employment, and social services). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2017– 

2022 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ........................................ 15 60 60 60 60 60 315 

Estimated Outlays ......................................... 15 60 60 60 60 60 315 

Basis of estimate: CBO assumes H.R. 1387 will be enacted late 

in fiscal year 2017, that the authorized amounts will be appropriated each year, and that outlays will follow historical spending 

patterns. The Congress previously authorized annual appropriations of $60 million through fiscal year 2016 and appropriated $45 

million for the program in 2016. Under the continuing resolution 

that level of funding was extended (on an annualized basis) for 

2017. 

H.R. 1387 would authorize the appropriation of $60 million annually through fiscal year 2022, and would direct the funds to be 

divided equally for the following three purposes: 

• To provide scholarships for private-school tuition to parents of students who reside in the District of Columbia and to 

meet certain criteria under the D.C. Opportunity Scholarship 

Program; 

• To improve public education in the District of Columbia; 

and 

• To improve and expand quality public charter schools in 

the District of Columbia. 

CBO estimates that implementing the bill would cost $315 million over the 2017–2022 period. 

Pay-As-You-Go considerations: None. 

Increase in long-term direct spending and deficits: CBO estimates that enacting H.R. 1387 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

Intergovernmental and private-sector impact: H.R. 1387 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. An educational entity of the District of Columbia may voluntarily choose to apply to the Department of Education to distribute grants through the School Choice Program, but any associated costs to the District would be incurred voluntarily and would 

result from complying with conditions of assistance. If low-income 

students choose to attend private schools, the District of Columbia 

school system could lose federal grants based on the number of lowincome students in the system. 

Estimate prepared by: Federal costs: Leah Koestner; Impact on 

state, local, and tribal governments: Zachary Byrum; Impact on the 

private sector: Paige Piper/Bach. 


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Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

CONSOLIDATED APPROPRIATIONS ACT, 2016 

* * * * * * * 

DIVISION E—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2016 

* * * * * * * 

TITLE VIII 

GENERAL PROVISIONS—DISTRICT OF COLUMBIA 

(INCLUDING TRANSFERS OF FUNDS)

* * * * * * * 

øSec. 817. (a) This section may be cited as the ‘‘D.C. Opportunity 

Scholarship Program School Certification Requirements Act’’. 

ø(b) Section 3007(a) of the Scholarships for Opportunity and Results Act (Public Law 112-10; 125 Stat. 203) is amended— 

ø(1) in paragraph (4)— 

ø(A) in subparagraph (E), by striking ‘‘and’’ after the 

semicolon; 

ø(B) in subparagraph (F), by striking the period at the 

end and inserting a semicolon; and 

ø(C) by adding at the end the following: 

ø‘‘(G)(i) is provisionally or fully accredited by a national 

or regional accrediting agency that is recognized in the 

District of Columbia School Reform Act of 1995 (sec. 38- 

1802.02(16)(A)-(G), D.C. Official Code) or any other accrediting body deemed appropriate by the Office of the State 

Superintendent for Schools for the purposes of accrediting 

an elementary or secondary school; or 

ø‘‘(ii) in the case of a school that is a participating 

school as of the day before the date of enactment of 

the D.C. Opportunity Scholarship Program School Certification Requirements Act and, as of such day, does 

not meet the requirements of clause (i)— 

ø‘‘(I) by not later than 1 year after such date of 

enactment, is pursuing accreditation by a national 

or regional accrediting agency recognized in the 

District of Columbia School Reform Act of 1995 

(sec. 38-1802.02(16)(A)-(G), D.C. Official Code) or 

any other accrediting body deemed appropriate by 

the Office of the State Superintendent for Schools 


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for the purposes of accrediting an elementary or 

secondary school; and 

ø‘‘(II) by not later than 5 years after such date 

of enactment, is provisionally or fully accredited 

by such accrediting agency, except that an eligible 

entity may grant not more than one 1-year extension to meet this requirement for each participating school that provides evidence to the eligible 

entity from such accrediting agency that the 

school’s application for accreditation is in process 

and the school will be awarded accreditation before the end of the 1-year extension period; 

ø‘‘(H) conducts criminal background checks on school 

employees who have direct and unsupervised interaction 

with students; and 

ø‘‘(I) complies with all requests for data and information 

regarding the reporting requirements described in section 

3010.’’; and 

ø(2) by adding at the end the following: 

ø‘‘(5) NEW PARTICIPATING SCHOOLS.—If a school is not a participating school as of the date of enactment of the D.C. Opportunity Scholarship Program School Certification Requirements 

Act, the school shall not become a participating school and 

none of the funds provided under this division for opportunity 

scholarships may be used by an eligible student to enroll in 

that school unless the school— 

ø‘‘(A) is actively pursuing provisional or full accreditation by a national or regional accrediting agency that is 

recognized in the District of Columbia School Reform Act 

of 1995 (sec. 38-1802.02(16)(A)-(G), D.C. Official Code) or 

any other accrediting body deemed appropriate by the Office of the State Superintendent for Schools for the purposes of accrediting an elementary or secondary school; 

and 

ø‘‘(B) meets all of the other requirements for participating schools under this Act. 

ø‘‘(6) ENROLLING IN ANOTHER SCHOOL.—An eligible entity 

shall assist the parents of a participating eligible student in 

identifying, applying to, and enrolling in an another participating school for which opportunity scholarship funds may be 

used, if— 

ø‘‘(A) such student is enrolled in a participating private 

school and may no longer use opportunity scholarship 

funds for enrollment in that participating private school 

because such school fails to meet a requirement under 

paragraph 4, or any other requirement of this Act; or 

ø‘‘(B) a participating eligible student is enrolled in a 

school that ceases to be a participating school.’’. 

ø(c) REPORT TO ELIGIBLE ENTITIES.—Section 3010 of the Scholarships for Opportunity and Results Act (Public Law 112-10; 125 

Stat. 203) is further amended— 

ø(1) by redesignating subsection (d) as subsection (e); and 

ø(2) by inserting after subsection (c) the following: 

ø‘‘(d) REPORTS TO ELIGIBLE ENTITIES.—The eligible entity receiving funds under section 3004(a) shall ensure that each particiVerDate Sep 11 2014 05:49 Mar 28, 2017 Jkt 069006 PO 00000 Frm 00020 Fmt 6659 Sfmt 6601 E:\HR\OC\HR062.XXX HR062

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pating school under this division submits to the eligible entity beginning not later than 5 years after the date of the enactment of 

the D.C. Opportunity Scholarship Program School Certification Requirements Act, a certification that the school has been awarded 

provisional or full accreditation, or has been granted an extension 

by the eligible entity in accordance with section 3007(a)(4)(G).’’. 

ø(d) Unless specifically provided otherwise, this section, and the 

amendments made by this section, shall take effect 1 year after the 

date of enactment of this Act.¿ 

* * * * * * * 

SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT 

* * * * * * * 

DIVISION C—SCHOLARSHIPS FOR 

OPPORTUNITY AND RESULTS ACT 

* * * * * * * 

SEC. 3003. PURPOSE. 

The purpose of this division is to provide low-income parents residing in the District of Columbia, øparticularly parents of students 

who attend elementary schools or secondary schools implementing 

comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965, with¿ particularly 

parents of students who attend an elementary school or secondary 

school identified as one of the lowest-performing schools under the 

District of Columbia’s accountability system, with expanded opportunities for enrolling their children in other schools in the District 

of Columbia, at least until the public schools in the District of Columbia have adequately addressed shortfalls in health, safety, and 

security, and the students in the District of Columbia public 

schools are testing in mathematics and reading at or above the national average. 

SEC. 3004. GENERAL AUTHORITY. 

(a) OPPORTUNITY SCHOLARSHIPS.— 

(1) IN GENERAL.—From funds appropriated under section 

3014(a)(1), the Secretary shall award grants on a competitive 

basis to eligible entities with approved applications under section 3005 to carry out a program to provide eligible students 

with expanded school choice opportunities. The Secretary may 

award a single grant or multiple grants, depending on the 

quality of applications submitted and the priorities of this division. 

(2) DURATION OF GRANTS.—The Secretary may make grants 

under this subsection for a period of not more than 5 years. 

(3) PROHIBITING IMPOSITION OF LIMITS ON ELIGIBLE STUDENTS PARTICIPATING IN THE PROGRAM.— 

(A) IN GENERAL.—In carrying out the program under this 

division, the Secretary may not limit the number of eligible 

students receiving scholarships under section 3007(a), and 


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may not prevent otherwise eligible students from participating in the program under this division, based on any of 

the following: 

(i) The type of school the student previously attended. 

(ii) Whether or not the student previously received a 

scholarship or participated in the program, including 

whether an eligible student was awarded a scholarship 

in any previous year but has not used the scholarship, 

regardless of the number of years of nonuse. 

(iii) Whether or not the student was a member of the 

control group used by the Institute of Education 

Sciences to carry out previous evaluations of the program under section 3009. 

(B) RULE OF CONSTRUCTION.—Nothing in subparagraph 

(A) may be construed to waive the requirement under section 3005(b)(1)(B) that the eligible entity carrying out the 

program under this Act must carry out a random selection 

process, which gives weight to the priorities described in 

section 3006, if more eligible students seek admission in the 

program than the program can accommodate. 

(b) DC PUBLIC SCHOOLS AND CHARTER SCHOOLS.—From funds 

appropriated under paragraphs (2) and (3) of section 3014(a), the 

Secretary shall provide funds to the Mayor of the District of Columbia, if the Mayor agrees to the requirements described in section 3011(a), for— 

(1) the District of Columbia public schools to improve public 

education in the District of Columbia; and 

(2) the District of Columbia public charter schools to improve 

and expand quality public charter schools in the District of Columbia. 

SEC. 3005. APPLICATIONS. 

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

3004(a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. 

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

eligible entity for a grant under section 3004(a) unless the entity’s 

application includes— 

(1) a detailed description of— 

(A) how the entity will address the priorities described 

in section 3006; 

(B) how the entity will ensure that if more eligible students seek admission in the program of the entity than the 

program can accommodate, eligible students are selected 

for admission through a random selection process which 

gives weight to the priorities described in section 3006; 

(C) how the entity will ensure that if more participating 

eligible students seek admission to a participating school 

than the school can accommodate, participating eligible 

students are selected for admission through a random selection process; 

(D) how the entity will notify parents of eligible students 

of the expanded choice opportunities in order to allow the 

parents to make informed decisions; 


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(E) the activities that the entity will carry out to provide 

parents of eligible students with expanded choice opportunities through the awarding of scholarships under section 

3007(a); 

(F) how the entity will determine the amount that will 

be provided to parents under section 3007(a)(2) for the 

payment of tuition, fees, and transportation expenses, if 

any; 

(G) how the entity will seek out private elementary 

schools and secondary schools in the District of Columbia 

to participate in the program; 

(H) how the entity will ensure that each participating 

school will meet the reporting and other program requirements under this division; 

(I) how the entity will ensure that participating schools 

submit to site visits by the entity as determined to be necessary by the entityø, except that a participating school 

may not be required to submit to more than 1 site visit per 

school year¿; 

(J) how the entity will ensure that participating schools 

are financially responsible and will use the funds received 

under section 3007 effectively; 

(K) how the entity will ensure the financial viability of 

participating schools in which 85 percent or more of the 

total number of students enrolled at the school are participating eligible students that receive and use an opportunity 

scholarship; 

ø(K)¿ (L) how the entity will address the renewal of 

scholarships to participating eligible students, including 

continued eligibility; øand¿ 

ø(L)¿ (M) how the entity will ensure that a majority of 

its voting board members or governing organization are 

residents of the District of Columbia; and 

(N) how the eligible entity will ensure that it— 

(i) utilizes internal fiscal and quality controls; and 

(ii) complies with applicable financial reporting requirements and the requirements of this division; and 

(2) an assurance that the entity will comply with all requests 

regarding any evaluation carried out under section 3009(a). 

SEC. 3006. PRIORITIES. 

In awarding grants under section 3004(a), the Secretary shall 

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

(1) in awarding scholarships under section 3007(a), give priority to— 

(A) eligible students who, in the school year preceding 

the school year for which the eligible students are seeking 

a scholarship, øattended an elementary school or secondary school implementing comprehensive support and 

improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary 

and Secondary Education Act of 1965;¿ attended an elementary school or secondary school identified as one of the 

lowest-performing schools under the District of Columbia’s 

accountability system; and 


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ø(B) students who have been awarded a scholarship in 

a preceding year under this division or the DC School 

Choice Incentive Act of 2003 (sec. 38-1851.01 et seq., D.C. 

Official Code), as such Act was in effect on the day before 

the date of the enactment of this division, but who have 

not used the scholarship, including eligible students who 

were provided notification of selection for a scholarship for 

school year 2009-2010, which was later rescinded in accordance with direction from the Secretary of Education; 

and¿ 

ø(C)¿ (B) students whose household includes a sibling or 

other child who is already participating in the program of 

the eligible entity under this division, regardless of whether such students have, in the past, been assigned as members of a control study group for the purposes of an evaluation under section 3009(a)ø;¿ or whether such students 

have, in the past, attended a private school; 

(2) target resources to students and families that lack the financial resources to take advantage of available educational 

options; and 

(3) provide students and families with the widest range of 

educational options. 

[The version below of subsection (a) of section 3007 of the Scholarships for Opportunity and Results Act reflects law as it existed 

prior to the enactment of section 817 of the Consolidated Appropriations Act, 2016 (Public Law 114–113; December 18, 2015) pursuant to the amendment provided for in section 2 of H.R. 1387 (as 

reported) along with other amendments made to this section as so 

proposed by such bill.] 

SEC. 3007. USE OF FUNDS. 

(a) OPPORTUNITY SCHOLARSHIPS.— (1) IN GENERAL.—Subject to øparagraphs (2) and (3)¿ paragraphs (2), (3), and (5) , an eligible entity receiving a grant 

under section 3004(a) shall use the grant funds to provide eligible students with scholarships to pay the tuition, fees, and 

transportation expenses, if any, to enable the eligible students 

to attend the District of Columbia private elementary school or 

secondary school of their choice beginning in school year 2011- 

2012. Each such eligible entity shall ensure that the amount 

of any tuition or fees charged by a school participating in such 

entity’s program under this division to an eligible student participating in the program does not exceed the amount of tuition 

or fees that the school charges to students who do not participate in the program. 

(2) PAYMENTS TO PARENTS.—An eligible entity receiving a 

grant under section 3004(a) shall make scholarship payments 

under the entity’s program under this division to the parent of 

the eligible student participating in the program, in a manner 

which ensures that such payments will be used for the payment of tuition, fees, and transportation expenses (if any), in 

accordance with this division. 

(3) AMOUNT OF ASSISTANCE.— 

(A) VARYING AMOUNTS PERMITTED.—Subject to the other 

requirements of this section, an eligible entity receiving a 

grant under section 3004(a) may award scholarships in 


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larger amounts to those eligible students with the greatest 

need. 

(B) ANNUAL LIMIT ON AMOUNT.— 

(i) LIMIT FOR SCHOOL YEAR 2011-2012.—The amount of 

assistance provided to any eligible student by an eligible entity under the entity’s program under this division for school year 2011-2012 may not exceed— 

(I) $8,000 for attendance in kindergarten 

through grade 8; and 

(II) $12,000 for attendance in grades 9 through 

12. 

(ii) CUMULATIVE INFLATION ADJUSTMENT.—Beginning with school year 2012-2013, the Secretary shall 

adjust the maximum amounts of assistance described 

in clause (i) for inflation, as measured by the percentage increase, if any, from the preceding fiscal year in 

the Consumer Price Index for All Urban Consumers, 

published by the Bureau of Labor Statistics of the Department of Labor. 

(4) PARTICIPATING SCHOOL REQUIREMENTS.—None of the 

funds provided under this division for opportunity scholarships 

may be used by an eligible student to enroll in a participating 

private school unless the participating school— 

(A) has and maintains a valid certificate of occupancy 

issued by the District of Columbia; 

(B) makes readily available to all prospective students 

information on its school accreditation; 

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

5 years or less, submits to the eligible entity administering 

the program proof of adequate financial resources reflecting the financial sustainability of the school and the 

school’s ability to be in operation through the school year; 

(D) agrees to submit to site visits as determined to be 

necessary by the eligible entity pursuant to section 

3005(b)(1)(I); 

(E) has financial systems, controls, policies, and procedures to ensure that funds are used according to this division; øand¿ 

ø(F) ensures that, with respect to core academic subjects 

(as such term was defined in section 9101(11) of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801(11)) 

on the day before the date of enactment of the Every Student Succeeds Act), participating students are taught by a 

teacher who has a baccalaureate degree or equivalent degree, whether such degree was awarded in or outside of 

the United States.¿ 

(F) ensures that, with respect to core subject matter, participating students are taught by a teacher who has a baccalaureate degree or equivalent degree, whether such degree 

was awarded in or outside of the United States; 

(G) conducts criminal background checks on school employees who have direct and unsupervised interaction with 

students; and 


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26 

(H) complies with all requests for data and information 

regarding the reporting requirements described in section 

3010. 

(5) ACCREDITATION REQUIREMENTS.— 

(A) IN GENERAL.—None of the funds provided under this 

division for opportunity scholarships may be used by a participating eligible student to enroll in a participating private school unless the school— 

(i) in the case of a school that is a participating 

school as of the date of enactment of the SOAR Reauthorization Act— 

(I) is fully accredited by an accrediting body described in any of subparagraphs (A) through (G) of 

section 2202(16) of the District of Columbia School 

Reform Act of 1995 (Public Law 104–134; sec. 38– 

1802.02(16)(A)–(G), D.C. Official Code); or 

(II) if such participating school does not meet the 

requirements of subclause (I)— 

(aa) not later than 1 year after the date of 

enactment of the Consolidated Appropriations 

Act, 2016 (Public Law 114–113), the school is 

pursuing full accreditation by an accrediting 

body described in subclause (I); and 

(bb) is fully accredited by such an accrediting body not later than 5 years after the date 

on which that school began the process of pursuing full accreditation in accordance with 

item (aa); and 

(ii) in the case of a school that is not a participating 

school as of the date of enactment of the SOAR Reauthorization Act, is fully accredited by an accrediting 

body described in clause (i)(I) before becoming a participating school under this division. 

(B) REPORTS TO ELIGIBLE ENTITY.—Not later than 5 

years after the date of enactment of the SOAR Reauthorization Act, each participating school shall submit to the eligible entity a certification that the school has been fully accredited in accordance with subparagraph (A). 

(C) ASSISTING STUDENTS IN ENROLLING IN OTHER

SCHOOLS.—If a participating school fails to meet the requirements of this paragraph, the eligible entity shall assist 

the parents of the participating eligible students who attend 

the school in identifying, applying to, and enrolling in another participating school under this division. 

(6) TREATMENT OF STUDENTS AWARDED A SCHOLARSHIP IN A

PREVIOUS YEAR.—An eligible entity shall treat a participating 

eligible student who was awarded an opportunity scholarship 

in any previous year and who has not used the scholarship as 

a renewal student and not as a new applicant, without regard 

as to— 

(A) whether the eligible student has used the scholarship; 

and 

(B) the year in which the scholarship was previously 

awarded. 


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27 

ø(b) ADMINISTRATIVE EXPENSES.—An eligible entity receiving a 

grant under section 3004(a) may use not more than 3 percent of 

the amount provided under the grant each year for the administrative expenses of carrying out its program under this division during 

the year, including— 

ø(1) determining the eligibility of students to participate; 

ø(2) selecting eligible students to receive scholarships; 

ø(3) determining the amount of scholarships and issuing the 

scholarships to eligible students; 

ø(4) compiling and maintaining financial and programmatic 

records; and 

ø(5) conducting site visits as described in section 

3005(b)(1)(I). 

ø(c) PARENTAL ASSISTANCE.—An eligible entity receiving a grant 

under section 3004(a) may use not more than 2 percent of the 

amount provided under the grant each year for the expenses of 

educating parents about the entity’s program under this division, 

and assisting parents through the application process, under this 

division, including— 

ø(1) providing information about the program and the participating schools to parents of eligible students; 

ø(2) providing funds to assist parents of students in meeting 

expenses that might otherwise preclude the participation of eligible students in the program; and 

ø(3) streamlining the application process for parents.¿ 

(b) ADMINISTRATIVE EXPENSES AND PARENTAL ASSISTANCE.—The 

Secretary shall make $2,000,000 of the amount made available 

under section 3014(a)(1) for each fiscal year available to eligible entities receiving a grant under section 3004(a) to cover the following 

expenses: 

(1) The administrative expenses of carrying out its program 

under this division during the year, including— 

(A) determining the eligibility of students to participate; 

(B) selecting the eligible students to receive scholarships; 

(C) determining the amount of the scholarships and 

issuing the scholarships to eligible students; 

(D) compiling and maintaining financial and programmatic records; 

(E) conducting site visits as described in section 

3005(b)(1)(I); and 

(F)(i) conducting a study, including a survey of participating parents, on any barriers for participating eligible 

students in gaining admission to, or attending, the participating school that is their first choice; and 

(ii) not later than the end of the first full fiscal year after 

the date of enactment of the SOAR Reauthorization Act, 

submitting a report to Congress that contains the results of 

such study. 

(2) The expenses of educating parents about the eligible entity’s program under this division, and assisting parents through 

the application process under this division, including— 

(A) providing information about the program and the 

participating schools to parents of eligible students, including information on supplemental financial aid that may be 

available at participating schools; 


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28 

(B) providing funds to assist parents of students in meeting expenses that might otherwise preclude the participation of eligible students in the program; and 

(C) streamlining the application process for parents. 

ø(d)¿ (c) STUDENT ACADEMIC ASSISTANCE.—An eligible entity receiving a grant under section 3004(a) may use not more than 1 percent of the amount provided under the grant each year for expenses to provide tutoring services to participating eligible students that need additional academic assistance. If there are insufficient funds to provide tutoring services to all such students in a 

year, the eligible entity shall give priority in such year to students 

who øpreviously attended an elementary school or secondary school 

that was implementing comprehensive support and improvement 

activities or targeted support and improvement activities under 

section 1111(d) of the Elementary and Secondary Education Act of 

1965.¿ previously attended an elementary school or secondary school 

identified as one of the lowest-performing schools under the District 

of Columbia’s accountability system. 

ø(e)¿ (d) REQUIRING USE OF FUNDS REMAINING UNOBLIGATED

FROM PREVIOUS FISCAL YEARS.— 

(1) IN GENERAL.—To the extent that any funds appropriated 

for the opportunity scholarship program under this division for 

any fiscal year remain available for subsequent fiscal years 

under section 3014(c), the Secretary shall make such funds 

available to eligible entities receiving grants under section 

3004(a) for the uses described in paragraph (2)— 

(A) in the case of any remaining funds that were appropriated before the date of enactment of the SOAR Funding 

Availability Act, beginning on the date of enactment of 

such Act; and 

(B) in the case of any remaining funds appropriated on 

or after the date of enactment of such Act, by the first day 

of the first subsequent fiscal year. 

(2) USE OF FUNDS.—If an eligible entity to which the Secretary provided additional funds under paragraph (1) elects to 

use such funds during a fiscal year, the eligible entity shall 

use— 

(A) not less than 95 percent of such additional funds to 

provide additional scholarships for eligible students under 

subsection (a), or to increase the amount of the scholarships, during such year; and 

(B) not more than a total of 5 percent of such additional 

funds for administrative expenses, parental assistance, or 

tutoring, as described in øsubsections (b), (c), and (d)¿ subsections (b) and (c) , during such year. 

(3) SPECIAL RULE.—Any amounts made available for administrative expenses, parental assistance, or tutoring under paragraph (2)(B) shall be in addition to any other amounts made 

available for such purposes in accordance with øsubsections 

(b), (c), and (d)¿ subsections (b) and (c) . 

* * * * * * * 

SEC. 3009. EVALUATIONS. 

ø(a) IN GENERAL.— 


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ø(1) DUTIES OF THE SECRETARY AND THE MAYOR.—The Secretary and the Mayor of the District of Columbia shall— 

ø(A) jointly enter into an agreement with the Institute 

of Education Sciences of the Department of Education to 

evaluate annually the performance of students who received scholarships under the 5-year program under this 

division; 

ø(B) jointly enter into an agreement to monitor and 

evaluate the use of funds authorized and appropriated for 

the District of Columbia public schools and the District of 

Columbia public charter schools under this division; and 

ø(C) make the evaluations described in subparagraphs 

(A) and (B) public in accordance with subsection (c). 

ø(2) DUTIES OF THE SECRETARY.—The Secretary, through a 

grant, contract, or cooperative agreement, shall— 

ø(A) ensure that the evaluation under paragraph 

(1)(A)— 

ø(i) is conducted using the strongest possible research design for determining the effectiveness of the 

opportunity scholarship program under this division; 

and 

ø(ii) addresses the issues described in paragraph (4); 

and 

ø(B) disseminate information on the impact of the program— 

ø(i) in increasing the academic growth and achievement of participating eligible students; and 

ø(ii) on students and schools in the District of Columbia. 

ø(3) DUTIES OF THE INSTITUTE OF EDUCATION SCIENCES.—The 

Institute of Education Sciences of the Department of Education 

shall— 

ø(A) use a grade appropriate, nationally norm-referenced 

standardized test each school year to assess participating 

eligible students in a manner consistent with section 

3008(h); 

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

ø(C) work with the eligible entities to ensure that the 

parents of each student who applies for a scholarship 

under this division (regardless of whether the student receives the scholarship) and the parents of each student 

participating in the scholarship program under this division, agree that the student will participate, if requested 

by the Institute of Education Sciences, in the measurements given annually by the Institute of Educational 

Sciences for the period for which the student applied for or 

received the scholarship, respectively, except that nothing 

in this subparagraph shall affect a student’s priority for an 

opportunity scholarship as provided under section 3006. 

ø(4) ISSUES TO BE EVALUATED.—The issues to be evaluated 

under paragraph (1)(A) shall include the following: 

ø(A) A comparison of the academic growth and achievement of participating eligible students in the measurements described in paragraph (3) to the academic growth 


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30 

and achievement of the eligible students in the same 

grades who sought to participate in the scholarship program under this division but were not selected. 

ø(B) The success of the program in expanding choice options for parents of participating eligible students, improving parental and student satisfaction of such parents and 

students, respectively, and increasing parental involvement of such parents in the education of their children. 

ø(C) The reasons parents of participating eligible students choose for their children to participate in the program, including important characteristics for selecting 

schools. 

ø(D) A comparison of the retention rates, high school 

graduation rates, and college admission rates of participating eligible students with the retention rates, high 

school graduation rates, and college admission rates of students of similar backgrounds who do not participate in 

such program. 

ø(E) A comparison of the safety of the schools attended 

by participating eligible students and the schools in the 

District of Columbia attended by students who do not participate in the program, based on the perceptions of the 

students and parents. 

ø(F) Such other issues with respect to participating eligible students as the Secretary considers appropriate for inclusion in the evaluation, such as the impact of the program on public elementary schools and secondary schools 

in the District of Columbia. 

ø(G) An analysis of the issues described in subparagraphs (A) through (F) by applying such subparagraphs by 

substituting ‘‘the subgroup of participating eligible students who have used each opportunity scholarship awarded to such students under this division to attend a participating school’’ for ‘‘participating eligible students’’ each 

place such term appears. 

ø(5) PROHIBITION.—Personally identifiable information regarding the results of the measurements used for the evaluations may not be disclosed, except to the parents of the student 

to whom the information relates.¿ 

(a) IN GENERAL.— 

(1) DUTIES OF THE SECRETARY AND THE MAYOR.—The Secretary and the Mayor of the District of Columbia shall— 

(A) jointly enter into an agreement with the Institute of 

Education Sciences of the Department of Education to 

evaluate annually the opportunity scholarship program 

under this division; 

(B) jointly enter into an agreement to monitor and evaluate the use of funds authorized and appropriated for the 

District of Columbia public schools and the District of Columbia public charter schools under this division; and 

(C) make the evaluations described in subparagraphs (A) 

and (B) public in accordance with subsection (c). 

(2) DUTIES OF THE SECRETARY.—The Secretary, through a 

grant, contract, or cooperative agreement, shall— 

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


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31 

(i) is conducted using an acceptable quasi-experimental research design for determining the effectiveness of the opportunity scholarship program under this 

division that does not use a control study group consisting of students who applied for but did not receive 

opportunity scholarships; and 

(ii) addresses the issues described in paragraph (4); 

and 

(B) disseminate information on the impact of the program— 

(i) on academic achievement and educational attainment of participating eligible students who use an opportunity scholarship; and 

(ii) on students and schools in the District of Columbia. 

(3) DUTIES OF THE INSTITUTE ON EDUCATION SCIENCES.—The 

Institute of Education Sciences of the Department of Education 

shall— 

(A) assess participating eligible students who use an opportunity scholarship in each of grades 3 through 8, as well 

as one of the grades at the high school level, by supervising 

the administration of the same reading and mathematics 

assessment used by the District of Columbia public schools 

to comply with section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)); 

(B) measure the academic achievement of all participating eligible students who use an opportunity scholarship 

in the grades described in subparagraph (A); and 

(C) work with eligible entities receiving a grant under 

this division to ensure that the parents of each student who 

is a participating eligible student that uses an opportunity 

scholarship agrees to permit their child to participate in the 

evaluations and assessments carried out by the Institute of 

Education Sciences under this subsection. 

(4) ISSUES TO BE EVALUATED.—The issues to be evaluated 

under paragraph (1)(A) shall include the following: 

(A) A comparison of the academic achievement of participating eligible students who use an opportunity scholarship 

on the measurements described in paragraph (3)(B) to the 

academic achievement of a comparison group of students 

with similar backgrounds in the District of Columbia public schools and the District of Columbia public charter 

schools. 

(B) The success of the program under this division in expanding choice options for parents of participating eligible 

students and increasing the satisfaction of such parents 

and students with their choice. 

(C) The reasons parents of participating eligible students 

choose for their children to participate in the program, including important characteristics for selecting schools. 

(D) A comparison of the retention rates, high school graduation rates, college enrollment rates, college persistence 

rates, and college graduation rates of participating eligible 

students who use an opportunity scholarship with the rates 


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32 

of students in the comparison group described in subparagraph (A). 

(E) A comparison of the college enrollment rates, college 

persistence rates, and college graduation rates of students 

who participated in the program in 2004, 2005, 2011, 2012, 

2013, 2014, and 2015 as the result of winning the Opportunity Scholarship Program lottery with such enrollment, 

persistence, and graduation rates for students who entered 

but did not win such lottery in those years and who, as a 

result, served as the control group for previous evaluations 

of the program under this division. Nothing in this subparagraph may be construed to waive section 

3004(a)(3)(A)(iii) with respect to any such student. 

(F) A comparison of the safety of the schools attended by 

participating eligible students who use an opportunity 

scholarship and the schools in the District of Columbia attended by students in the comparison group described in 

subparagraph (A), based on the perceptions of the students 

and parents. 

(G) An assessment of student academic achievement at 

participating schools in which 85 percent of the total number of students enrolled at the school are participating eligible students who receive and use an opportunity scholarship. 

(H) Such other issues with respect to participating eligible students who use an opportunity scholarship as the Secretary considers appropriate for inclusion in the evaluation, 

such as the impact of the program on public elementary 

schools and secondary schools in the District of Columbia. 

(5) PROHIBITING DISCLOSURE OF PERSONAL INFORMATION.— 

(A) IN GENERAL.—Any disclosure of personally identifiable information obtained under this division shall be in 

compliance with section 444 of the General Education Provisions Act (commonly known as the ‘Family Educational 

Rights and Privacy Act of 1974’) (20 U.S.C. 1232g). 

(B) STUDENTS NOT ATTENDING PUBLIC SCHOOL.—With respect to any student who is not attending a public elementary school or secondary school, personally identifiable information obtained under this division shall only be disclosed to— 

(i) individuals carrying out the evaluation described 

in paragraph (1)(A) for such student; 

(ii) the group of individuals providing information 

for carrying out the evaluation of such student; and 

(iii) the parents of such student. 

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

Appropriations, Education and the Workforce, and Oversight and 

Government Reform of the House of Representatives and the Committees on Appropriations, Health, Education, Labor, and Pensions, 

and Homeland Security and Governmental Affairs of the Senate— 

(1) annual interim reports, not later than April 1 of the year 

following the year of the date of enactment of this division, and 

each subsequent year through the year in which the final report is submitted under paragraph (2), on the progress and 


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33 

preliminary results of the evaluation of the opportunity scholarship program funded under this division; and 

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

for which a grant is made under section 3004(a), on the results 

of the evaluation of the program. 

(c) PUBLIC AVAILABILITY.—All reports and underlying data gathered pursuant to this section shall be made available to the public 

upon request, in a timely manner following submission of the applicable report under subsection (b), except that personally identifiable information shall not be disclosed or made available to the 

public. 

(d) LIMIT ON AMOUNT EXPENDED.—The amount expended by the 

Secretary to carry out this section for any fiscal year may not exceed 5 percent of the total amount appropriated under section 

3014(a)(1) for the fiscal year. 

* * * * * * * 

SEC. 3011. DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER SCHOOLS. 

(a) CONDITION OF RECEIPT OF FUNDS.—As a condition of receiving funds under this division on behalf of the District of Columbia 

public schools and the District of Columbia public charter schools, 

the Mayor shall agree to carry out the following: 

ø(1) INFORMATION REQUESTS.—Ensure that all the District of 

Columbia public schools and the District of Columbia public 

charter schools comply with all reasonable requests for information for purposes of the evaluation under section 3009(a).¿ 

(1) INFORMATION NECESSARY TO CARRY OUT EVALUATIONS.— Ensure that all District of Columbia public schools and District 

of Columbia public charter schools make available to the Institute of Education Sciences of the Department of Education all 

of the information the Institute requires to carry out the assessments and perform the evaluations required under section 

3009(a). 

(2) AGREEMENT WITH THE SECRETARY.—Enter into the agreement described in section 3009(a)(1)(B) to monitor and evaluate the use of funds authorized and appropriated for the District of Columbia public schools and the District of Columbia 

public charter schools under this division. 

(3) SUBMISSION OF REPORT.—Not later than 6 months after 

the first appropriation of funds under section 3014, and each 

succeeding year thereafter, submit to the Committee on Appropriations, the Committee on Education and the Workforce, and 

the Committee on Oversight and Government Reform of the 

House of Representatives, and the Committee on Appropriations, the Committee on Health, Education, Labor, and Pensions, and the Committee on Homeland Security and Governmental Affairs of the Senate, information on— 

(A) how the funds authorized and appropriated under 

this division for the District of Columbia public schools 

and the District of Columbia public charter schools were 

used in the preceding school year; and 

(B) how such funds are contributing to student achievement. 

ø(b) ENFORCEMENT.—If, after reasonable notice and an opportunity for a hearing for the Mayor, the Secretary determines that 


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34 

the Mayor has not been in compliance with 1 or more of the requirements described in subsection (a), the Secretary may withhold 

from the Mayor, in whole or in part, further funds under this division for the District of Columbia public schools and the District of 

Columbia public charter schools.¿ 

(b) SPECIFIC RULES REGARDING FUNDS PROVIDED FOR SUPPORT

OF PUBLIC CHARTER SCHOOLS.—The following rules shall apply 

with respect to the funds provided under this division for the support of District of Columbia public charter schools: 

(1) The Secretary may direct the funds provided for any fiscal 

year, or any portion thereof, to the Office of the State Superintendent of Education of the District of Columbia. 

(2) The Office of the State Superintendent of Education of the 

District of Columbia may transfer the funds to subgrantees that 

are— 

(A) specific District of Columbia public charter schools or 

networks of such schools; or 

(B) District of Columbia-based nonprofit organizations 

with experience in successfully providing support or assistance to District of Columbia public charter schools or networks of such schools. 

(3) The funds provided under this division for the support of 

District of Columbia public charter schools shall be available to 

any District of Columbia public charter school in good standing 

with the District of Columbia Charter School Board, and the 

Office of the State Superintendent of Education of the District 

of Columbia and the District of Columbia Charter School 

Board may not restrict the availability of such funds to certain 

types of schools on the basis of the school’s location, governing 

body, or the school’s facilities. 

(c) ENFORCEMENT.—If, after reasonable notice and an opportunity 

for a hearing, the Secretary determines that the Mayor has failed 

to comply with any of the requirements of subsection (a), the Secretary may withhold from the Mayor, in whole or in part— 

(1) the funds otherwise authorized to be appropriated under 

section 3014(a)(2), if the failure to comply relates to the District 

of Columbia public schools; 

(2) the funds otherwise authorized to be appropriated under 

section 3014(a)(3), if the failure to comply relates to the District 

of Columbia public charter schools; or 

(3) the funds otherwise authorized to be appropriated under 

both paragraphs (2) and (3) of section 3014(a), if the failure relates to both the District of Columbia public schools and the 

District of Columbia public charter schools. 

ø(c)¿ (d) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to reduce, or otherwise affect, funding provided under 

this division for the opportunity scholarship program under this division. 

* * * * * * * 

SEC. 3013. DEFINITIONS. 

As used in this division: 

(1) CORE SUBJECT MATTER.—The term ‘‘core subject matter’’ 

means— 

(A) mathematics; 


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35 

(B) science; and 

(C) English, reading, or language arts. 

ø(1)¿ (2) ELEMENTARY SCHOOL.—The term ‘‘elementary 

school’’ means an institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under District of Columbia law. 

ø(2)¿ (3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means 

any of the following: 

(A) A nonprofit organization. 

(B) A consortium of nonprofit organizations. 

ø(3)¿ (4) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ 

means a student who is a resident of the District of Columbia 

and comes from a household— 

(A) receiving assistance under the supplemental nutrition assistance program established under the Food and 

Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or 

(B) whose income does not exceed— 

(i) 185 percent of the poverty line; or 

(ii) in the case of a household with a student participating in the opportunity scholarship program in the 

preceding year under this division or the DC School 

Choice Incentive Act of 2003 (sec. 38-1851.01 et seq., 

D.C. Official Code), as such Act was in effect on the 

day before the date of enactment of this division, 300 

percent of the poverty line. 

ø(4) ¿ (5) MAYOR.—The term ‘‘Mayor’’ means the Mayor of 

the District of Columbia. 

ø(5) ¿ (6) PARENT.—The term ‘‘parent’’ has the meaning 

given that term in section 8101 of the Elementary and Secondary Education Act of 1965. 

ø(6)¿ (7) PARTICIPATING ELIGIBLE STUDENT.—The term ‘‘participating eligible student’’ means an eligible student awarded 

an opportunity scholarship under this division, without regard 

to whether the student uses the scholarship to attend a participating school. 

ø(7)¿ (8) PARTICIPATING SCHOOL.—The term ‘‘participating 

school’’ means a private elementary school or secondary school 

participating in the opportunity scholarship program of an eligible entity under this division. 

ø(8)¿ (9) POVERTY LINE.—The term ‘‘poverty line’’ has the 

meaning given that term in section 8101 of the Elementary 

and Secondary Education Act of 1965. 

ø(9)¿ (10) SECONDARY SCHOOL.—The term ‘‘secondary school’’ 

means an institutional day or residential school, including a 

public secondary charter school, that provides secondary education, as determined under District of Columbia law, except 

that the term does not include any education beyond grade 12. 

ø(10)¿ (11) SECRETARY.—The term ‘‘Secretary’’ means the 

Secretary of Education. 

SEC. 3014. AUTHORIZATION OF APPROPRIATIONS. 

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

$60,000,000 for fiscal year 2012 øand for each of the 4 succeeding 

fiscal years¿ and for each fiscal year through fiscal year 2022 , of 

which— 


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36 

(1) one-third shall be made available to carry out the opportunity scholarship program under this division for each fiscal 

year; 

(2) one-third shall be made available to carry out section 

3004(b)(1) for each fiscal year; and 

(3) one-third shall be made available to carry out section 

3004(b)(2) for each fiscal year. 

(b) APPORTIONMENT.—If the total amount of funds appropriated under subsection (a) for a fiscal year does not equal $60,000,000, 

the funds shall be apportioned in the manner described in subsection (a) for such fiscal year. 

(c) AVAILABILITY.—Amounts appropriated under subsection (a)(1), 

including amounts appropriated and available under such subsection before the date of enactment of the SOAR Funding Availability Act, shall remain available until expended. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of enactment of this section. 


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(37) 

1 Institute of Education Sciences, Department of Education, Evaluation of the DC Opportunity 

Scholarship Program: Final Report (June 2010). 2 Institute of Education Sciences, Department of Education, Evaluation of the DC Opportunity 

Scholarship Program: An Early Look at Applicants and Participating Schools Under the SOAR 

Act (Oct. 2014). 3 Consolidated Appropriations Act, Pub. L. No. 108–199 (2004), and Department of Defense 

and Full-Year Continuing Appropriations Act, Pub. L. No. 112–10 (2011). 

MINORITY VIEWS 

We oppose H.R. 1387, the Scholarships for Opportunity and Results Reauthorization Act, which would reauthorize the District of 

Columbia’s private school voucher program. The voucher program 

has not improved student achievement, lacks accountability and 

transparency, and denies students the full protection of federal civil 

rights laws. The District also has robust public school choice. 

A professed intent of the voucher program is to improve student 

achievement. However, according to a U.S. Department of Education study mandated by statute, the program has not improved 

student achievement, as measured by math and reading tests, and 

has had ‘‘no significant impacts’’ on the achievement of students 

from the lowest performing public schools.1

To evaluate the program’s effectiveness, the prior authorizations 

required ‘‘the strongest possible research design.’’ The evaluation 

utilized the gold standard of scientific research, a randomized controlled trial. 

H.R. 1387 would weaken the rigor of the evaluation. It would require ‘‘an acceptable quasi-experimental research design,’’ and expressly prohibit a randomized controlled trial. According to evaluators of the program, a randomized controlled trial ‘‘is especially 

important in the context of school choice because families wanting 

to apply for a choice program may have educational goals and aspirations that differ from the average family.’’ 2 We are disappointed 

that the majority rejected an amendment restoring the evaluation 

required by the prior authorizations. 

The program was the first federal elementary and secondary private school voucher program in the country, and it remains the 

only such program. Congress has rejected efforts to create a national voucher program. In the 114th Congress, the House and Senate considered several national voucher amendments during reauthorization of the Elementary and Secondary Education Act, but 

none was adopted. We oppose Congress imposing any policy on the 

District, but particularly those that it has failed to impose nationally. 

Congress has never authorized the program through regular 

order. The program was authorized in 2004 and reauthorized in 

2011 through legislative provisions included in appropriations 

bills.3 The Senate has never passed a stand-alone bill authorizing 

the program. 


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38 

4Letter from Councilmember David Grosso, District of Columbia, et al. to Chairman Jason 

Chaffetz, House Committee on Oversight and Government Reform (Mar. 7, 2017). 5Office of the State Superintendent of Education, Public School Enrollment in the District of 

Columbia Increases for Eighth Consecutive Year (Mar. 6, 2017) (online at http://osse.dc.gov/ 

release/public-school-enrollment-district-columbia-increases-eighth-consecutive-year). 6 Very Few D.C. Students Attend Assigned Schools, Data Show, Washington Post (Feb. 19, 

2014) (online at www.washingtonpost.com/blogs/local/wp/2014/02/19/very-few-d-c-students-attend-assigned-schools-data-show). 

Under the Home Rule Act of 1973, the D.C. Council has authority to establish a voucher program, but has never done so. In a letter to Chairman Jason Chaffetz on March 7, 2017, a majority of the 

D.C. Council opposed admitting new students into the program and 

requested that any funding go to D.C. public and charter schools.4

During creation of the program, Congresswoman Eleanor Holmes 

Norton, with the assistance of the Archbishop of Washington, successfully insisted that public and charter school funding be provided in conjunction with voucher funding. 

The program denies students the full protection of federal civil 

rights laws that apply to public schools or federally funded programs or activities, including the Civil Rights Act of 1964; the Education Amendments of 1972; the Equal Educational Opportunities 

Act of 1974; the Individuals with Disabilities Education Act; the 

Americans with Disabilities Act of 1990; and the Rehabilitation Act 

of 1973. Under the program, federal funding is considered assistance to the student and not to the school enrolling the student. We 

are disappointed that the majority rejected two amendments to 

protect students from discrimination. Students should not have to 

give up the protection of federal civil rights laws to participate in 

a federal program. 

The District has a robust public school choice system in which 

46% of public school students attend charter schools 5 and 75% of 

public school students attend out-of-boundary public schools.6 Unlike the private schools participating in the voucher program, D.C. 

public and charter schools are accountable to the public for their 

use of taxpayer funds. 

ELIJAH E. CUMMINGS, Ranking Member. 

ELEANOR HOLMES NORTON. 

GERALD E. CONNOLLY. 

Æ 


lotter on DSK5VPTVN1PROD with REPORTS