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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2556 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2556

To provide low-income parents residing in the District of Columbia with 
  expanded opportunities for enrolling their children in high quality 
                  schools in the District of Columbia.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2009

  Mr. Boehner (for himself, Mr. Issa, and Mr. McKeon) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                           Government Reform

_______________________________________________________________________

                                 A BILL

 
To provide low-income parents residing in the District of Columbia with 
  expanded opportunities for enrolling their children in high quality 
                  schools in the District of Columbia.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving DC Student Scholarships 
Act of 2009''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Parents are best equipped to make decisions for their 
        children, including the educational setting that will best 
        serve the interests and educational needs of their child.
            (2) For many parents in the District of Columbia, public 
        school choice provided for under the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6301 et seq.) as well as under 
        other public school choice programs, is inadequate due to 
        capacity constraints. Available educational alternatives to the 
        public schools are also insufficient and more educational 
        options are needed. In particular, funds are needed to assist 
        low-income parents with exercising their right to choose among 
        enhanced public opportunities and private educational 
        environments, whether religious or nonreligious.
            (3) In the most recent mathematics assessment on the 
        National Assessment of Educational Progress (NAEP), 
        administered in 2007, a lower percentage of 4th-grade students 
        in the District of Columbia demonstrated proficiency than the 
        national average by 20 percent. Fifty-one percent of the 
        District of Columbia fourth-graders scored at the ``below 
        basic'' level and only 8 percent of the 8th-grade students in 
        the District of Columbia tested at the proficient or advanced 
        levels, and 66 percent were below basic. In the most recent 
        reading assessment administered by NAEP, in 2007, only 14 
        percent of the District of Columbia fourth-graders could read 
        proficiently, while 61 percent were below basic. At the 8th-
        grade level, 12 percent were proficient or advanced and 52 
        percent were below basic.
            (4) In 2003, Congress passed the DC School Choice Incentive 
        Act, to provide opportunity scholarships to parents of students 
        in the District of Columbia to enable them to pursue a high 
        quality education at a public or private elementary or 
        secondary school of their choice.
            (5) The program was established in accordance with the U.S. 
        Supreme Court decision reached under Zelman v. Simmons-Harris, 
        536 U.S. 639 (2002), which found that a program enacted for the 
        valid secular purpose of providing educational assistance to 
        low-income children in a demonstrably failing public school 
        system is constitutional if it is neutral with respect to 
        religion and provides assistance to a broad class of citizens 
        who direct government aid to religious and secular schools 
        solely as a result of their genuine and independent private 
        choices.
            (6) Since the program's inception, it has enjoyed broad 
        bipartisan support by parents of students in the District of 
        Columbia who find that it has dramatically improved student 
        performance, the Mayor of the District of Columbia, the members 
        of the City Council of the District of Columbia and the Board 
        of Education of the District of Columbia, and the Chancellor of 
        the District of Columbia Public Schools.
            (7) The program provides additional funding for the 
        District of Columbia Public Schools and, therefore, money for 
        these student scholarships is not being taken out of money that 
        would otherwise go to the District of Columbia Public Schools.
            (8) Congress must reauthorize the DC Opportunity 
        Scholarship program, which has demonstrated success in raising 
        student achievement.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide low-income parents residing 
in the District of Columbia, particularly parents of students who 
attend elementary schools or secondary schools identified for 
improvement, corrective action, or restructuring under section 1116 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316), 
with expanded opportunities for enrolling their children in high 
quality schools in the District of Columbia.

SEC. 4. GENERAL AUTHORITY.

    (a) Authority.--From funds appropriated to carry out this Act, the 
Secretary shall award grants on a competitive basis to eligible 
entities with approved applications under section 5 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 Act.
    (b) Duration of Grants.--The Secretary shall make grants under this 
section for a period of not more than 5 years.
    (c) Memorandum of Understanding.--The Secretary and the Mayor of 
the District of Columbia shall enter into a memorandum of understanding 
regarding the implementation of the program authorized under this Act.

SEC. 5. APPLICATIONS.

    (a) In General.--In order to receive a grant under this Act, 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 this Act unless the entity's 
application includes--
            (1) a detailed description of--
                    (A) how the entity will address the priorities 
                described in section 6;
                    (B) how the entity will ensure that if more 
                eligible students seek admission in the program 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 6;
                    (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 and how 
                the entity will ensure that parents receive sufficient 
                information about their options to allow the parents to 
                make informed decisions;
                    (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 7(a);
                    (F) how the entity will determine the amount that 
                will be provided to parents for the 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, and will ensure 
                that participating schools will meet the applicable 
                requirements of this Act and provide the information 
                needed for the entity to meet the reporting 
                requirements of this Act;
                    (H) how the entity will ensure that participating 
                schools are financially responsible and will use the 
                funds received under this Act effectively;
                    (I) how the entity will address the renewal of 
                scholarships to participating eligible students, 
                including continued eligibility;
                    (J) how the entity will ensure that a majority of 
                its voting board members or governing organization are 
                residents of the District of Columbia; and
                    (K) how the entity will have financial systems, 
                controls, policies, and procedures to ensure that grant 
                funds are used in accordance with this Act, and how the 
                entity will have a manual documenting such controls, 
                policies, and procedures; and
            (2) an assurance that the entity will comply with all 
        requests regarding any evaluation carried out under section 9.

SEC. 6. PRIORITIES.

    In awarding grants under this Act, the Secretary shall give 
priority to applications from eligible entities who will most 
effectively--
            (1) give priority to eligible students who, in the school 
        year preceding the school year for which the eligible student 
        is seeking a scholarship, attended an elementary school or 
        secondary school identified for improvement, corrective action, 
        or restructuring under section 1116 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316);
            (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 and support systems to empower them to make 
        informed choices.

SEC. 7. USE OF FUNDS.

    (a) Opportunity Scholarships.--
            (1) In general.--Subject to paragraphs (2) and (3), an 
        eligible entity receiving a grant under this Act shall use the 
        grant funds to carry out a program to provide eligible students 
        with opportunity scholarships to pay the tuition, fees, and 
        transportation expenses (if any) to enable such students to 
        attend the District of Columbia private elementary school or 
        secondary school of their choice beginning in school year 2010-
        2011. Each such eligible entity shall ensure that the amount of 
        any tuition or fees charged by a school participating in such 
        eligible entity's program to an eligible student participating 
        in the program does not exceed the amount of tuition or fees 
        that the school customarily charges to students who do not 
        participate in the program.
            (2) Payments to parents.--An eligible entity receiving a 
        grant under this Act shall make opportunity scholarship 
        payments under a program under this Act to the parents or legal 
        guardians of an 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 Act.
            (3) Annual limit on amount of assistance.--
                    (A) In general.--The amount of assistance provided 
                to any eligible student by an eligible entity receiving 
                a grant under this Act under a program under this Act 
                for school year 2010-2011 may not exceed--
                            (i) $8,000 for attendance in kindergarten 
                        through grade 8; and
                            (ii) $12,000 for attendance in grades 9 
                        through 12.
                    (B) Cumulative inflation adjustment.--For each 
                succeeding school year, the Secretary shall adjust the 
                amounts described in subparagraph (A), as adjusted 
                under this clause, by the rate of 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) Continuation of scholarships.--An eligible entity 
        receiving a grant under this Act may award an opportunity 
        scholarship to any participating student for the second or any 
        succeeding year of the student's participation in a program 
        under this Act, as long as the student resides in the District 
        of Columbia.
            (5) Assurances.--None of the funds provided under this Act 
        for opportunity scholarships may be used by an eligible student 
        to enroll in a participating school unless--
                    (A) the participating school has and maintains a 
                valid certificate of occupancy issued by the District 
                of Columbia;
                    (B) the core subject matter teachers of the 
                eligible student hold a 4-year bachelor degree;
                    (C) in the case of a participating school that has 
                been in existence for not more than 5 years, the school 
                submits proof of financial stability for at least the 
                next 3 years, such as a surety bond or letter of credit 
                equal to the amount of the scholarship for each 
                eligible student enrolled in the school; and
                    (D) the eligible entity has performed a school site 
                visit, in the case of a school participating in the 
                program for the first time, prior to the enrollment of 
                the student at the school, and, in the case of a school 
                that has previously participated in the program, at 
                least once within the last 2 years, and has maintained 
                a written record of such visit.
    (b) Administrative Expenses.--An eligible entity receiving a grant 
under this Act may use not more than 3 percent of the amount provided 
under the grant each fiscal year for the administrative expenses of 
carrying out its program under this Act during the year, including--
            (1) determining the eligibility of students to participate;
            (2) selecting students to receive scholarships;
            (3) determining the amount of scholarships and issuing the 
        scholarships to eligible students; and
            (4) compiling and maintaining financial and programmatic 
        records.
    (c) Parental Assistance.--An eligible entity receiving a grant 
under this Act may use not more than 2 percent of the amount provided 
under the grant each fiscal year for expenses used to educate parents 
about the program and to assist parents through the application process 
under this Act during the year, including--
            (1) providing information about the program, including the 
        schools participating in the program;
            (2) providing funds to assist parents in meeting expenses 
        that might otherwise preclude the participation of their child 
        in the program; and
            (3) using funds to streamline the application process for 
        parents.
    (d) Student Academic Assistance.--
            (1) In general.--An eligible entity receiving a grant under 
        this Act may use not more than 1 percent of the amount provided 
        under the grant each fiscal year for expenses to pay for 
        tutoring services to participating eligible students that need 
        additional academic assistance.
            (2) Priority.--In a fiscal year where there are 
        insufficient funds to provide the services described in 
        paragraph (1) to all participating eligible students that need 
        additional academic assistance, an eligible entity shall give 
        priority to the participating eligible students who previously 
        attended elementary schools or secondary schools identified for 
        improvement, corrective action, or restructuring under section 
        1116 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C.7 6316).

SEC. 8. NONDISCRIMINATION.

    (a) In General.--An eligible entity carrying out, or a school 
participating in, any program under this Act shall not discriminate 
against program participants or applicants on the basis of race, color, 
national origin, religion, or sex.
    (b) Applicability to Single Sex Schools, Classes, or Activities.--
            (1) In general.--Notwithstanding any other provision of 
        law, the prohibition of sex discrimination in subsection (a) 
        shall not apply to a participating school that is operated by, 
        supervised by, controlled by, or connected to a religious 
        organization to the extent that the application of subsection 
        (a) is inconsistent with the religious tenets or beliefs of the 
        school.
            (2) Single sex schools, classes, or activities.--
        Notwithstanding subsection (a) or any other provision of law, a 
        parent may choose, and a school may offer, a single sex school, 
        class, or activity.
            (3) Applicability.--For purposes of this Act, the 
        provisions of section 909 of the Education Amendments of 1972 
        (20 U.S.C. 1688) shall apply to this Act as if such section 
        were part of this Act.
    (c) Children With Disabilities.--Nothing in this Act may be 
construed to alter or modify the provisions of the Individuals with 
Disabilities Education Act (20 U.S.C. 1400).
    (d) Religiously Affiliated Schools.--
            (1) In general.--Notwithstanding any other provision of 
        law, a school participating in any program under this Act that 
        is operated by, supervised by, controlled by, or connected to, 
        a religious organization may exercise its right in matters of 
        employment consistent with title VII of the Civil Rights Act of 
        1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in 
        such title.
            (2) Maintenance of purpose.--Notwithstanding any other 
        provision of law, funds made available under this Act to 
        eligible students that are received by a participating school, 
        as a result of the choice of the parents of such students, 
        shall not, consistent with the first amendment to the 
        Constitution, necessitate any change in the participating 
        school's teaching mission, require any participating school to 
        remove religious art, icons, scriptures, or other symbols, or 
        preclude any participating school from retaining religious 
        terms in its name, selecting its board members on a religious 
        basis, or including religious references in its mission 
        statements and other chartering or governing documents.
    (e) Rule of Construction.--A scholarship (or any other form of 
support provided to parents of eligible students) under this Act shall 
be considered assistance to the student and shall not be considered 
assistance to the school that enrolls the eligible student. The amount 
of any scholarship (or other form of support provided to parents of an 
eligible student) under this Act shall not be treated as income of the 
parents for purposes of Federal tax laws or for determining eligibility 
for any other Federal program.

SEC. 9. EVALUATION.

    (a) In General.--
            (1) Agreement with institute of education sciences.--The 
        Secretary shall enter into an agreement with the Institute of 
        Education Sciences of the Department of Education to annually 
        evaluate the performance of students who used opportunity 
        scholarships under this Act, and shall make the evaluation 
        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 is conducted using 
                an appropriate research design for determining the 
                effectiveness of the programs funded under this Act and 
                addresses the issues described in paragraph (4); and
                    (B) disseminate information on the impact of the 
                programs in increasing the student academic achievement 
                of participating students, and on the impact of the 
                program on students and schools in the District of 
                Columbia.
            (3) Duties of the institute of education sciences.--The 
        Institute of Education Sciences shall--
                    (A) measure the academic achievement of all 
                participating eligible students;
                    (B) use a grade appropriate measurement each school 
                year to assess participating eligible students; and
                    (C) cooperate with the participating schools and 
                the District of Columbia Public Schools to conduct the 
                evaluation.
            (4) Issues to be evaluated.--The issues to be evaluated 
        include the following:
                    (A) A comparison of the academic achievement of 
                students who used the opportunity scholarships in the 
                measurements described in this section to the 
                achievement of students in the same grades in the 
                District of Columbia Public Schools.
                    (B) The success of the program in expanding choice 
                options for parents, improving parental and student 
                satisfaction, and increasing parental involvement in 
                the education of their children.
                    (C) The reasons parents choose for their children 
                to participate in the programs.
                    (D) A comparison of the retention rates, dropout 
                rates, and (if appropriate) graduation and college 
                admission rates, of students who used the scholarships 
                provided under this Act with the retention rates, 
                dropout rates, and (if appropriate) graduation and 
                college admission rates of students of similar 
                backgrounds who attend District of Columbia Public 
                Schools.
                    (E) A comparison of the safety of the schools 
                attended by students who used the scholarships and the 
                District of Columbia Public Schools.
                    (F) The success of the program in increasing 
                parental and student involvement in the local 
                community.
                    (G) Such other issues as the Secretary considers 
                appropriate for inclusion in the evaluation.
            (5) Prohibition.--Personally identifiable information 
        regarding the results of the measurements used for the 
        evaluation may not be disclosed, except to the parents of the 
        student to whom the information relates.
    (b) Reports.--The Secretary shall submit to the Committee on 
Appropriations, the Committee on Education and Labor, 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--
            (1) an annual interim report, not later than December 1 of 
        each year for which a grant is made under this Act, on the 
        progress and preliminary results of the evaluation described in 
        subsection (a); and
            (2) a final report, not later than 1 year after the final 
        year for which a grant is made under this Act, on the results 
        of the evaluation described in subsection (a).
    (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 to carry out this Act for the fiscal 
year.

SEC. 10. REPORTING REQUIREMENTS.

    (a) Activities Reports.--Each eligible entity receiving funds under 
this Act during a year shall submit a report to the Secretary not later 
than July 30 of the following year regarding the activities carried out 
with the funds during the preceding year.
    (b) Achievement Reports.--
            (1) In general.--In addition to the report required under 
        subsection (a), each eligible entity shall, not later than 
        September 1 of the year during which the second academic year 
        of the eligible entity's program is completed and each of the 
        next 2 years thereafter, submit a report to the Secretary 
        regarding the data collected in the previous 2 academic years 
        concerning--
                    (A) the academic achievement of students 
                participating in the program;
                    (B) the graduation and college admission rates of 
                students who participate in the program, if 
                appropriate; and
                    (C) parental satisfaction with the program.
            (2) Prohibiting disclosure of personal information.--No 
        report under this subsection may contain any personally 
        identifiable information.
    (c) Reports to Parent.--
            (1) In general.--Each eligible entity shall ensure that 
        each school participating in the eligible entity's program 
        under this Act during a school year reports at least once 
        during the school year to the parents of each student attending 
        such school who is participating in the program--
                    (A) the student's academic achievement, as measured 
                by a comparison with the aggregate academic achievement 
                of other participating students at the student's school 
                in the same grade or level, as appropriate, and the 
                aggregate academic achievement of the student's peers 
                at the student's school in the same grade or level, as 
                appropriate;
                    (B) the safety of the school, including the 
                incidence of school violence, student suspensions, and 
                student expulsions; and
                    (C) the accreditation status of the school.
            (2) Prohibiting disclosure of personal information.--No 
        report under this subsection may contain any personally 
        identifiable information, except as to the student who is the 
        subject of the report to that student's parent.
    (d) Report to Congress.--The Secretary shall submit to the 
Committee on Appropriations, the Committee on Education and Labor, 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 an annual report on 
the findings of the reports submitted under subsections (a) and (b).

SEC. 11. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

    (a) Requests for Data and Information.--Each school participating 
in a program funded under this Act shall comply with all requests for 
data and information regarding evaluations conducted under section 
9(a).
    (b) Rules of Conduct and Other School Policies.--A participating 
school, including the schools described in section 8(d), may require 
eligible students to abide by any rules of conduct and other 
requirements applicable to all other students at the school.
    (c) Nationally Norm-Referenced Standardized Tests.--
            (1) In general.--Each participating school shall administer 
        a nationally norm-referenced standardized test in reading and 
        math to each student enrolled in the school who is receiving an 
        opportunity scholarship. The results of such test shall be 
        reported to the student's parents or legal guardians and the 
        Secretary (through the Institute of Education Sciences of the 
        Department of Education) for the purposes of conducting the 
        evaluation under section 9.
            (2) Make-up session.--If a participating school does not 
        administer a nationally norm-referenced standardized test or 
        the Institute of Education Sciences does not receive data on a 
        student who is receiving an opportunity scholarship, then the 
        Secretary (through the Institute of Education Sciences of the 
        Department of Education) shall administer such test at least 
        one time during a school year for each student receiving an 
        opportunity scholarship.

SEC. 12. DEFINITIONS.

    As used in this Act:
            (1) 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.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) An educational entity of the District of 
                Columbia Government.
                    (B) A nonprofit organization.
                    (C) A consortium of nonprofit organizations.
            (3) Eligible student.--The term ``eligible student'' means 
        a student who--
                    (A) is a resident of the District of Columbia;
                    (B) comes from a household whose income does not 
                exceed 300 percent of the poverty line; and
                    (C) was enrolled in a District of Columbia Public 
                School (such as a charter school) in the previous 
                school year, or is eligible to enter kindergarten or 
                first grade.
            (4) Parent.--The term ``parent'' has the meaning given that 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (5) Poverty line.--The term ``poverty line'' has the 
        meaning given that term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (6) Secondary school.--The term ``secondary school'' means 
        an institutional day or residential school, including a public 
        secondary charter school, as determined under District of 
        Columbia law, except that the term does not include any 
        education beyond grade 12.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 13. REPEAL.

    Effective beginning with school year 2010-2011, the DC School 
Choice Incentive Act of 2003 (title III of division C of the 
Consolidated Appropriations Act, 2004 (Public Law 108-199; 118; Stat. 
126 et seq.)) is repealed.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$14,000,000 for fiscal year 2010 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.
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