JOURNAL OF THE

1850

T139.13 NOVEMBER 2

the integration of rigorous academic studies

with workforce preparation programs. In

particular, it is the intent of this amendment to promote the expansion and quality

of current high school career academy programs as established in certain District of

Columbia schools.

This amendment also recognize the value

of implementing nationally-proven programs. One such example is the Jobs for

America’s Graduates (JAG) program. According to the 1994 Annual Report issued by

JAG, the program has benefited over 175,000

youth people in 22 different states and 400

communities. Over 90 percent of them have

successfully completed high school and over

80 percent, at the end of nine months after

leaving school are either on the job, in the

military or enrolled in postsecondary education or training.

This amendment provides funding for a

Jobs for D.C. Graduates Program modeled

after the JAG program and consistent with

Jobs for America’s Graduates, Inc. This program would assist schools in workforce preparation initiatives. Specifically, these initiatives assist at-risk and disadvantaged youth

in graduating from high school and in finding and maintaining quality jobs thereafter.

It is expected that FY 1996 funding would

serve at least half of all 12th grade students

and funding authorized in future years would

include all interested 12th grade students.

Subtitle L—Parent Attendance at ParentTeacher Conferences

Subtitle L of Title II of the bill authorizes

the Mayor to condition welfare benefits on

parent attendance and participation in parent-teacher conferences once every 90 days.

The Mayor must submit to the Secretary of

Health and Human Services a plan for implementation of such a program. The plan must

state how the Mayor plans to administer the

program, conduct evaluations of the program, monitor the participation of parents,

withhold and reinstate benefits, and longterm plans for the program. Beginning October 1, 1996, the District of Columbia is required to annually submit a report to the

Secretary of Health and Human Services and

Congress on the progress and report of this

program.

The idea for such a program arose at one of

the many consensus meetings I held to develop this comprehensive reform package. It

was suggested by teachers who emphasized

the need to ensure greater parent involvement. Further, it is consistent with the overall philosophy of the reforms proposed by

District of Columbia school officials. In a

July 13, 1995 letter to Representative Steve

Gunderson, Mrs. Wilma Harvery, president of

the District of Columbia Board of Education,

and Franklin Smith, Superintendent of the

District of Columbia Public Schools, cited

the value of parent involvement in the success of both schools and students. ‘‘Parent

and community involvement are critical to

student and school success . . . Research

show parent involvement is a crucial component in school success.’’

The Carnegie Corporation issued a report

in June 1989 entitled ‘‘Turning Points: Preparing American Youth for the 21st Century’’. The report states the need to reengage families in the education of our children and to have them become more actively

involved in the school. ‘‘Reversing the downward slide in parent involvement and closing

the gulf between parents and school staff

with mutual trust and respect are crucial for

the successful education of adolescents.’’ It

is intended that this subtitle on parental involvement will re-engage parents to become

actively involved in the education of their

children.

Yeas ....... 241

It was decided in the Nays ...... 177 ! affirmative ................... Answered

present 1

T139.13 [Roll No. 763]

AYES—241

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bereuter

Bilbray

Bilirakis

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Browder

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Collins (GA)

Combest

Cooley

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Davis

Deal

DeLay

Diaz-Balart

Dickey

Doolittle

Dornan

Dreier

Duncan

Dunn

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Gallegly

Ganske

Gekas

Gilchrest

Gillmor

Gilman

Gingrich

Goodlatte

Goodling

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hall (TX)

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Jacobs

Johnson (CT)

Johnson, Sam

Jones

Kasich

Kelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Lipinski

Livingston

LoBiondo

Longley

Lucas

Manzullo

Martini

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

Meehan

Metcalf

Mica

Miller (FL)

Molinari

Montgomery

Moorhead

Moran

Morella

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oxley

Packard

Parker

Paxon

Petri

Pombo

Porter

Portman

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Skeen

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stenholm

Stockman

Stump

Talent

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Upton

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weller

White

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NOES—177

Abercrombie

Ackerman

Andrews

Baesler

Baldacci

Barcia

Barrett (WI)

Bateman

Becerra

Beilenson

Bentsen

Bevill

Bishop

Bonior

Borski

Brewster

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Condit

Costello

Coyne

Danner

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Dooley

Doyle

Durbin

Edwards

Engel

Eshoo

Evans

Farr

Fattah

Fazio

Filner

Flake

Foglietta

Ford

Frank (MA)

Frost

Furse

Gejdenson

Geren

Gibbons

Gonzalez

Gordon

Green

Gutierrez

Hall (OH)

Hamilton

Harman

Hastings (FL)

Hefner

Hilliard

Hinchey

Holden

Hoyer

Jackson-Lee

Jefferson

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kleczka

Klink

LaFalce

Lantos

Levin

Lewis (GA)

Lincoln

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Mascara

Matsui

McCarthy

McDermott

McHale

McKinney

McNulty

Meek

Menendez

Meyers

Mfume

Minge

Mink

Mollohan

Murtha

Nadler

Neal

Oberstar

Olver

Ortiz

Orton

Owens

Pallone

Pastor

Payne (NJ)

Payne (VA)

Peterson (FL)

Peterson (MN)

Pickett

Pomeroy

Poshard

Rahall

Reed

Richardson

Rivers

Roemer

Rose

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Schumer

Scott

Serrano

Sisisky

Skaggs

Skelton

Slaughter

Spratt

Stark

Studds

Stupak

Tanner

Tejeda

Thompson

Thornton

Thurman

Torres

Torricelli

Towns

Traficant

Velazquez

Vento

Visclosky

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Yates

ANSWERED ‘‘PRESENT’’—1

Obey

NOT VOTING—14

Berman

Boucher

Chapman

Conyers

de la Garza

Fields (LA)

Gephardt

Miller (CA)

Moakley

Pelosi

Rangel

Stokes

Tucker

Weldon (PA)

So the amendment was agreed to.

After some further time,

The SPEAKER pro tempore, Mr.

GUTKNECHT, assumed the Chair.

When Mr. HASTINGS of Florida,

Chairman, pursuant to House Resolution 252, reported the bill back to the

House with sundry amendments adopted by the Committee.

The previous question having been

ordered by said resolution.

The following amendments, reported

from the Committee of the Whole

House on the state of the Union, were

agreed to:

Page 57, line 23, strike ‘‘Section’’ and insert ‘‘(a) IN GENERAL.—Section’’.

Page 58, insert after line 4 the following:

(b) NO EFFECT ON PETITIONS FOR ADOPTION

FILED BY INDIVIDUAL UNMARRIED PETITIONER.—Nothing in section 16–302(b), D.C.

Code (as added by subsection (a)) shall be

construed to affect the ability of any unmarried person to file a petition for adoption in

the Superior Court of the District of Columbia where no other person joins in the petition.

Insert at the appropriate place the following new section:
HOUSE OF REPRESENTATIVES

1851

1995 T139.13

TECHNICAL CORRECTIONS TO FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE ACT

SEC. . (a) REQUIRING GSA TO PROVIDE

SUPPORT SERVICES.—Section 103(f) of the District of Columbia Financial Responsibility

and Management Assistance Act of 1995 is

amended by striking ‘‘may provide’’ and inserting ‘‘shall promptly provide’’.

(b) AVAILABILITY OF CERTAIN FEDERAL BENEFITS FOR INDIVIDUALS WHO BECOME EMPLOYED BY THE AUTHORITY.—

(1) FORMER FEDERAL EMPLOYEES.—Subsection (e) of section 102 of such Act is

amended to read as follows:

‘‘(e) PRESERVATION OF RETIREMENT AND

CERTAIN OTHER RIGHTS OF FEDERAL EMPLOYEES WHO BECOME EMPLOYED BY THE AUTHORITY.—

‘‘(1) IN GENERAL.—Any Federal employee

who becomes employed by the Authority—

‘‘(A) may elect, for the purposes set forth

in paragraph (2)(A), to be treated, for so long

as that individual remains continuously employed by the Authority, as if such individual had not separated from service with

the Federal Government, subject to paragraph (3); and

‘‘(B) shall, if such employee subsequently

becomes reemployed by the Federal Government, be entitled to have such individual’s

service with the Authority treated, for purposes of determining the appropriate leave

accrual rate, as if it had been service with

the Federal Government.

‘‘(2) EFFECT OF AN ELECTION.—An election

made by an individual under the provisions

of paragraph (1)(A)—

‘‘(A) shall qualify such individual for the

treatment described in such provisions for

purposes of—

‘‘(i) chapter 83 or 84 of title 5, United

States Code, as appropriate (relating to retirement), including the Thrift Savings Plan;

‘‘(ii) chapter 87 of such title (relating to

life insurance); and

‘‘(iii) chapter 89 of such title (relating to

health insurance); and

‘‘(B) shall disqualify such individual, while

such election remains in effect, from participating in the programs offered by the government of the District of Columbia (if any)

corresponding to the respective programs referred to in subparagraph (A).

‘‘(3) CONDITIONS FOR AN ELECTION TO BE EFFECTIVE.—An election made by an individual

under paragraph (1)(A) shall be ineffective

unless—

‘‘(A) it is made before such individual separates from service with the Federal Government; and

‘‘(B) such individual’s service with the Authority commences within 3 days after so

separating (not counting any holiday observed by the government of the District of

Columbia).

‘‘(4) CONTRIBUTIONS.—If an individual

makes an election under paragraph (1)(A),

the Authority shall, in accordance with applicable provisions of law referred to in paragraph (2)(A), be responsible for making the

same deductions from pay and the same

agency contributions as would be required if

it were a Federal agency.

‘‘(5) REGULATIONS.—Any regulations necessary to carry out this subsection shall be

prescribed by—

‘‘(A) the Office of Personnel Management,

to the extent that any program administered

by the Office is involved;

‘‘(B) the appropriate office or agency of the

government of the District of Columbia, to

the extent that any program administered

by such office or agency is involved; and

‘‘(C) the Executive Director referred to in

section 8474 of title 5, United States Code, to

the extent that the Thrift Savings Plan is involved.’’.

(2) OTHER INDIVIDUALS.—Section 102 of such

Act is further amended by adding at the end

the following:

‘‘(f) FEDERAL BENEFITS FOR OTHERS.—

‘‘(1) IN GENERAL.—The Office of Personnel

Management, in conjunction with each corresponding office or agency of the government of the District of Columbia, shall prescribe regulations under which any individual who becomes employed by the Authority (under circumstances other than as

described in subsection (e)) may elect

either—

‘‘(A) to be deemed a Federal employee for

purposes of the programs referred to in subsection (e)(2)(A)(i)–(iii); or

‘‘(B) to participate in 1 or more of the corresponding programs offered by the government of the District of Columbia.

‘‘(2) EFFECT OF AN ELECTION.—An individual

who elects the option under subparagraph

(A) or (B) of paragraph (1) shall be disqualified, while such election remains in effect,

from participating in any of the programs referred to in the other such subparagraph.

‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE

OR AGENCY’.—For purposes of paragraph (1),

the term ‘corresponding office or agency of

the government of the District of Columbia’

means, with respect to any program administered by the Office of Personnel Management, the office or agency responsible for administering the corresponding program (if

any) offered by the government of the District of Columbia.

‘‘(4) THRIFT SAVINGS PLAN.—To the extent

that the Thrift Savings Plan is involved, the

preceding provisions of this subsection shall

be applied by substituting ‘the Executive Director referred to in section 8474 of title 5,

United States Code’ for ‘the Office of Personnel Management’.’’.

(3) EFFECTIVE DATE; ADDITIONAL ELECTION

FOR FORMER FEDERAL EMPLOYEES SERVING ON

DATE OF ENACTMENT; ELECTION FOR EMPLOYEES APPOINTED DURING INTERIM PERIOD.—

(A) EFFECTIVE DATE.—Not later than 6

months after the date of enactment of this

Act, there shall be prescribed (and take effect)—

(i) regulations to carry out the amendments made by this subsection; and

(ii) any other regulations necessary to

carry out this subsection.

(B) ADDITIONAL ELECTION FOR FORMER FEDERAL EMPLOYEES SERVING ON DATE OF ENACTMENT.—

(i) IN GENERAL.—Any former Federal employee employed by the Authority on the effective date of the regulations referred to in

subparagraph (A)(i) may, within such period

as may be provided for under those regulations, make an election similar, to the maximum extent practicable, to the election provided for under section 102(e) of the District

of Columbia Financial Responsibility and

Management Assistance Act of 1995, as

amended by this subsection. Such regulations shall be prescribed jointly by the Office

of Personnel Management and each corresponding office or agency of the government of the District of Columbia (in the

same manner as provided for in section 102(f)

of such Act, as so amended).

(ii) EXCEPTION.—An election under this

subparagraph may not be made by any individual who—

(I) is not then participating in a retirement system for Federal employees (disregarding Social Security); or

(II) is then participating in any program of

the government of the District of Columbia

referred to in section 102(e)(2)(B) of such Act

(as so amended).

(C) ELECTION FOR EMPLOYEES APPOINTED

DURING INTERIM PERIOD.—

(i) FROM THE FEDERAL GOVERNMENT.—Subsection (e) of section 102 of the District of

Columbia Financial Responsibility and Management Assistance Act of 1995 (as last in effect before the date of enactment of this Act)

shall be deemed to have remained in effect

for purposes of any Federal employee who

becomes employed by the District of Columbia Financial Responsibility and Management Assistance Authority during the period

beginning on such date of enactment and

ending on the day before the effective date of

the regulations prescribed to carry out subparagraph (B).

(ii) OTHER INDIVIDUALS.—The regulations

prescribed to carry out subsection (f) of section 102 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (as amended by this subsection) shall include provisions under which

an election under such subsection shall be

available to any individual who—

(I) becomes employed by the District of Columbia Financial Responsibility and Management Assistance Authority during the period beginning on the date of enactment of

this Act and ending on the day before the effective date of such regulations;

(II) would have been eligible to make an

election under such regulations had those

regulations been in effect when such individual became so employed; and

(III) is not then participating in any program of the government of the District of

Columbia referred to in subsection (f)(1)(B)

of such section 102 (as so amended).

(c) EXEMPTION FROM LIABILITY FOR CLAIMS

FOR AUTHORITY EMPLOYEES.—Section 104 of

such Act is amended—

(1) by striking ‘‘the Authority and its

members’’ and inserting ‘‘the Authority, its

members, and its employees’’; and

(2) by striking ‘‘the District of Columbia’’

and inserting ‘‘the Authority or its members

or employees or the District of Columbia’’.

(d) PERMITTING REVIEW OF EMERGENCY LEGISLATION.—Section 203(a)(3) of such Act is

amended by striking subparagraph (C).

Page 37, line 15, strike ‘‘No funds’’ and insert ‘‘(a) No funds’’.

Page 37, line 22, strike ‘‘; nor shall any’’

and all that follows through ‘‘1992’’.

Page 38, insert after line 2 the following:

(b) The Health Care Benefits Expansion

Act (D.C. Law 9–114; sec. 36–1401 et seq., D.C.

Code) is hereby repealed.

At the end of the bill, add the following:

TITLE II—DISTRICT OF COLUMBIA

SCHOOL REFORM

SEC. 2001. SHORT TITLE.

This title may be cited as the ‘‘District of

Columbia School Reform Act of 1995’’.

SEC. 2002. DEFINITIONS.

Except as otherwise provided, for purposes

of this title:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional

committees’’ means—

(A) the Committee on Appropriations of

the House of Representatives and the Committee on Appropriations of the Senate;

(B) the Committee on Economic and Educational Opportunities of the House of Representatives and the Committee on Labor

and Human Resources of the Senate; and

(C) the Committee on Government Reform

and Oversight of the House of Representatives and the Committee on Governmental

Affairs of the Senate.

(2) AUTHORITY.—The term ‘‘Authority’’

means the District of Columbia Financial

Responsibility and Management Assistance

Authority established under section 101(a) of

the District of Columbia Financial Responsibility and Management Assistance Act of

1995 (Public Law 104–8).

(3) AVERAGE DAILY ATTENDANCE.—The term

‘‘average daily attendance’’, when used with

respect to a school and a period of time,

means the aggregate attendance of the

school during the period divided by the number of days during the period on which—

(A) the school is in session; and
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1852

T139.13 NOVEMBER 2

(B) the pupils of the school are under the

guidance and direction of teachers.

(4) AVERAGE DAILY MEMBERSHIP.—

(A) INDIVIDUAL SCHOOL.—The term ‘‘average daily membership’’, when used with respect to a school and a period of time, means

the aggregate enrollment of the school during the period divided by the number of days

during the period on which—

(i) the school is in session; and

(ii) the pupils of the school are under the

guidance and direction of teachers.

(B) GROUPS OF SCHOOLS.—The term ‘‘average daily membership’’, when used with respect to a group of schools and a period of

time, means the average of the average daily

memberships during the period of the individual schools that constitute the group.

(5) BOARD OF EDUCATION.—The term ‘‘Board

of Education’’ means the Board of Education

of the District of Columbia.

(6) BOARD OF TRUSTEES.—The term ‘‘Board

of Trustees’’ means the governing board of a

public charter school, the members of which

board have been selected pursuant to the

charter granted to the school and in a manner consistent with this title.

(7) CONTROL PERIOD.—The term ‘‘control

period’’ means a period of time described in

section 209 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104–8).

(8) CORE CURRICULUM.—The term ‘‘core curriculum’’ means the concepts, factual knowledge, and skills that students in the District

of Columbia should learn in kindergarten

through 12th grade in academic content

areas, including, at a minimum, English,

mathematics, science, and history.

(9) DISTRICT OF COLUMBIA COUNCIL.—The

term ‘‘District of Columbia Council’’ means

the Council of the District of Columbia established pursuant to section 401 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code,

sec. 1–221).

(10) DISTRICT OF COLUMBIA GOVERNMENT.—

(A) IN GENERAL.—The term ‘‘District of Columbia government’’ means the government

of the District of Columbia, including—

(i) any department, agency, or instrumentality of the government of the District of

Columbia;

(ii) any independent agency of the District

of Columbia established under part F of title

IV of the District of Columbia Self-Government and Governmental Reorganization Act;

(iii) any other agency, board, or commission established by the Mayor or the District

of Columbia Council;

(iv) the courts of the District of Columbia;

(v) the District of Columbia Council; and

(vi) any other agency, public authority, or

public benefit corporation that has the authority to receive monies directly or indirectly from the District of Columbia (other

than monies received from the sale of goods,

the provision of services, or the loaning of

funds to the District of Columbia).

(B) EXCEPTIONS.—The term ‘‘District of Columbia government’’ does not include the

following:

(i) The Authority.

(ii) A public charter school.

(11) DISTRICT OF COLUMBIA GOVERNMENT RETIREMENT SYSTEM.—The term ‘‘District of

Columbia government retirement system’’

means the retirement programs authorized

by the District of Columbia Council or the

Congress for employees of the District of Columbia government.

(12) DISTRICT OF COLUMBIA PUBLIC SCHOOL.—

(A) IN GENERAL.—The term ‘‘District of Columbia public school’’ means a public school

in the District of Columbia that offers

classes—

(i) at any of the grade levels from prekindergarten through the 12th grade; or

(ii) leading to a general education diploma.

(B) EXCEPTION.—The term does not include

a public charter school.

(13) DISTRICT OF COLUMBIA PUBLIC

SCHOOLS.—The term ‘‘District of Columbia

public schools’’ means all schools that are

District of Columbia public schools.

(14) DISTRICT-WIDE ASSESSMENTS.—The

term ‘‘district-wide assessments’’ means reliable and unbiased student assessments administered by the Superintendent to students enrolled in District of Columbia public

schools and public charter schools.

(15) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’ means a person, including a

private, public, or quasi-public entity and an

institution of higher education (as defined in

section 481 of the Higher Education Act of

1965), who seeks to establish a public charter

school.

(16) ELIGIBLE CHARTERING AUTHORITY.—The

term ‘‘eligible chartering authority’’ means

any of the following:

(A) The Board of Education.

(B) Any of the following public or federally-chartered universities:

(i) Howard University.

(ii) Gallaudet University.

(iii) American University.

(iv) George Washington University.

(v) The University of the District of Columbia.

(C) Any other entity designated by enactment of a bill as an eligible chartering authority by the District of Columbia Council

after the date of the enactment of this Act.

(17) FACILITIES MANAGEMENT.—The term

‘‘facilities management’’ means the administration, construction, renovation, repair,

maintenance, remodeling, improvement, or

other oversight, of a building or real property of a District of Columbia public school.

The term does not include the performance

of any such act with respect to real property

owned by a public charter school.

(18) FAMILY RESOURCE CENTER.—The term

‘‘family resource center’’ means an information desk—

(A) located at a school with a majority of

students whose family income is not greater

than 185 percent of the poverty guidelines

updated annually in the Federal Register by

the Department of Health and Human Services under authority of section 673(2) of the

Omnibus Budget Reconciliation Act of 1981;

and

(B) which links students and families to

local resources and public and private entities involved in child care, adult education,

health and social services, tutoring, mentoring, and job training.

(19) LONG-TERM REFORM PLAN.—The term

‘‘long-term reform plan’’ means the plan submitted by the Superintendent under section

2101.

(20) MAYOR.—The term ‘‘Mayor’’ means the

Mayor of the District of Columbia.

(21) METROBUS AND METRORAIL TRANSIT SYSTEM.—The term ‘‘Metrobus and Metrorail

Transit System’’ means the bus and rail systems administered by the Washington Metropolitan Area Transit Authority.

(22) MINOR STUDENT.—The term ‘‘minor

student’’ means an individual who—

(A) is enrolled in a District of Columbia

public schools or a public charter school; and

(B) is not beyond the age of compulsory

school attendance, as prescribed in section 1

of article I, and section 1 of article II, of the

Act of February 4, 1925 (sections 31–401 and

31–402, D.C. Code).

(23) NONRESIDENT STUDENT.—The term

‘‘nonresident student’’ means—

(A) an individual under the age of 18 who is

enrolled in a District of Columbia public

school or a public charter school, and does

not have a parent residing in the District of

Columbia; or

(B) an individual who is age 18 or older and

is enrolled in a District of Columbia public

school or public charter school, and does not

reside in the District of Columbia.

(24) PANEL.—The term ‘‘Panel’’ means the

World Class Schools Panel established under

subtitle D.

(25) PARENT.—The term ‘‘parent’’ means a

person who has custody of a child enrolled in

a District of Columbia public school or a

public charter school, and who—

(A) is a natural parent of the child;

(B) is a stepparent of the child;

(C) has adopted the child; or

(D) is appointed as a guardian for the child

by a court of competent jurisdiction.

(26) PETITION.—The term ‘‘petition’’ means

a written application, submitted by an eligible applicant to an eligible chartering authority, to establish a public charter school.

(27) PROMOTION GATE.—The term ‘‘promotion gate’’ means the criteria, developed

by the Superintendent and approved by the

Board of Education, that are used to determine student promotion at different grade

levels. Such criteria shall include achievement on district-wide assessments that, to

the greatest extent practicable, measure student achievement of the core curriculum.

(28) PUBLIC CHARTER SCHOOL.—The term

‘‘public charter school’’ means a publicly

funded school in the District of Columbia

that is established pursuant to subtitle B. A

public charter school is not a part of the District of Columbia public schools.

(29) SCHOOL.—The term ‘‘school’’ means—

(A) a public charter school; or

(B) any other day or residential school

that provides elementary or secondary education, as determined under State or District

of Columbia law.

(30) STUDENT WITH SPECIAL NEEDS.—The

term ‘‘student with special needs’’ has the

meaning given such term by the Mayor and

the District of Columbia Council under section 2301.

(31) SUPERINTENDENT.—The term ‘‘Superintendent’’ means the Superintendent of the

District of Columbia public schools.

(32) TEACHER.—The term ‘‘teacher’’ means

any person employed as a teacher by the

Board of Education or by a public charter

school.

Subtitle A—District of Columbia Reform Plan

SEC. 2101. LONG-TERM REFORM PLAN.

(a) IN GENERAL.—

(1) PLAN.—The Superintendent, with the

approval of the Board of Education, shall

submit to the appropriate congressional

committees, the Mayor, the District of Columbia Council, and the Authority a longterm reform plan, not later than February 1,

1996. The plan shall be consistent with the financial plan and budget for the District of

Columbia for fiscal year 1996 required under

section 201 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104–8).

(2) CONSULTATION.—

(A) IN GENERAL.—In developing the longterm reform plan, the Superintendent—

(i) shall consult with the Board of Education, Mayor, and District of Columbia

Council, and, in a control period, with the

Authority; and

(ii) shall afford the public, interested organizations, and groups an opportunity to

present their views and make recommendations regarding the long-term reform plan.

(B) SUMMARY OF RECOMMENDATIONS.—The

Superintendent shall include in the longterm plan a summary of the recommendations made under subparagraph (A)(ii) and

the response of the Superintendent to these

recommendations.

(b) CONTENTS.—

(1) AREAS TO BE ADDRESSED.—The longterm plan shall describe how the District of

Columbia public schools will become a

world-class education system which prepares
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students for life-time learning in the 21st

century and which is on a par with the best

education systems of other nations. The plan

shall include a description of how the District of Columbia public schools will accomplish the following:

(A) Achievement at nationally- and internationally-competitive levels by students attending District of Columbia public schools.

(B) The creation of a performance-oriented

workforce.

(C) The construction and repair of District

of Columbia public school facilities.

(D) Local school governance, decentralization, autonomy, and parental choice among

District of Columbia public schools; and

(E) The implementation of an efficient and

effective adult literacy program.

(2) OTHER INFORMATION.—For each of the

items in subparagraphs (A) through (G) of

paragraph (1), the long-term plan shall

include—

(A) a statement of measurable, objective

performance goals;

(B) a description of the measures of performance to be used in determining whether

the Superintendent and Board of Education

have met the goals;

(C) dates by which the goals must be met;

(D) plans for monitoring and reporting

progress to District of Columbia residents,

the appropriate congressional committees,

the Mayor, the District of Columbia Council,

and the Authority; and

(E) the title of the management employee

of the District of Columbia public schools

most directly responsible for the achievement of each goal and, with respect to each

such employee, the title of the employee’s

immediate supervisor or superior.

(c) AMENDMENTS.—The Superintendent,

with the approval of the Board of Education,

shall submit any amendment to the longterm plan to the appropriate congressional

committees. Any amendment to the longterm plan shall be consistent with the financial plan and budget for fiscal year 1996 for

the District of Columbia required under section 201 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104–8).

Subtitle B—Public Charter Schools

SEC. 2151. PROCESS FOR FILING CHARTER PETITIONS.

(a) EXISTING PUBLIC SCHOOL.—An eligible

applicant seeking to convert an existing District of Columbia public school into a public

charter school—

(1) shall prepare a petition to establish a

public charter school that meets the requirements of section 2152;

(2) shall provide a copy of the petition to—

(A) the parents of minor students attending the existing school;

(B) adult students attending the existing

school; and

(C) employees of the existing school;

(3) shall file the petition with an eligible

chartering authority for approval after the

petition—

(A) has been signed by a majority of the

total number of—

(i) parents of minor students attending the

school; and

(ii) adult students attending the school;

and

(B) has been endorsed by at least a majority of full-time teachers at the school; and

(4) shall explain in the petition the relationship that will exist between the public

charter school and its employees.

(b) INDEPENDENT OR PRIVATE SCHOOL.—An

eligible applicant seeking to convert an existing independent or private school in the

District of Columbia into a public charter

school—

(1) shall prepare a petition to establish a

public charter school that meets the requirements of section 2152;

(2) shall provide a copy of the petition to—

(A) the parents of minor students attending the existing school;

(B) adult students attending the existing

school; and

(C) employees of the existing school;

(3) shall file the petition with an eligible

chartering authority for approval after the

petition—

(A) has been signed by a majority of the

total number of—

(i) parents of minor students attending the

school; and

(ii) adult students attending the school;

and

(B) has been endorsed by at least a majority of full-time teachers at the school; and

(4) shall explain in the petition the relationship that will exist between the public

charter school and its employees.

(c) NEW SCHOOL.—An eligible applicant

seeking to establish in the District of Columbia a public charter school, but not seeking

to convert an existing public, private, or

independent school into a public charter

school, shall file with an eligible chartering

authority for approval a petition to establish

a public charter school that meets the requirements of section 2152.

SEC. 2152. CONTENTS OF PETITION.

A petition to establish a public charter

school shall include the following:

(1) A statement defining the mission and

goals of the proposed school.

(2) A statement of the need for the proposed school in the geographic area of the

school site.

(3) A description of the proposed instructional goals and methods for the school,

which includes, at a minimum—

(A) the methods that will be used to provide students with the knowledge, proficiency, and skills needed—

(i) to become nationally and internationally competitive students and educated individuals in the 21st century; and

(ii) to perform competitively on any districtwide assessments; and

(B) the methods that will be used to improve student self-motivation, classroom instruction, and learning for all students.

(4) A description of the plan for evaluating

student academic achievement of the proposed school and the procedures for remedial

action that will be used by the school when

the academic achievement of a student falls

below the expectations of the school.

(5) An operating budget for the first 2 years

of the proposed school that is based on anticipated enrollment and contains—

(A) a description of the method for conducting annual audits of the financial, administrative, and programmatic operations

of the school;

(B) either—

(i) an identification of the site where the

school will be located, including a description of any buildings on the site and any

buildings proposed to be constructed on the

site; or

(ii) a timetable by which a such an identification will be made;

(C) a description of any major contracts

planned, with a value equal to or exceeding

$10,000, for equipment and services, leases,

improvements, purchases of real property, or

insurance; and

(D) a timetable for commencing operations

as a public charter school.

(6) A description of the proposed rules and

policies for governance and operation of the

school.

(7) Copies of the proposed articles of incorporation and bylaws of the school.

(8) The names and addresses of the members of the proposed Board of Trustees.

(9) A description of the student enrollment,

admission, suspension, and expulsion policies

and procedures of the proposed school, and

the criteria for making decisions in such

areas.

(10) A description of the procedures the

school plans to follow to ensure the health

and safety of students, employees, and

guests of the school and to comply with applicable health and safety laws and regulations of the Federal Government and the

District of Columbia.

(11) An explanation of the qualifications

that will be required of employees of the proposed school.

(12) An identification, and a description, of

the individuals and entities submitting the

application, including their names and addresses, and the names of the organizations

or corporations of which such individuals are

directors or officers.

SEC. 2153. PROCESS FOR APPROVING OR DENYING CHARTER PETITIONS.

(a) SCHEDULE.—An eligible chartering authority may establish a schedule for receiving petitions to establish a public charter

school and shall publish any such schedule in

the District of Columbia Register. An eligible chartering authority shall make a copy

of any such schedule available to all interested persons upon request.

(b) PUBLIC HEARING.—Not later than 45

days after a petition to establish a public

charter school is filed with an eligible chartering authority, the authority shall hold a

public hearing on the petition to gather the

information that is necessary for the authority to make the decision to approve or deny

the petition.

(c) NOTICE.—Not later than 10 days prior to

the scheduled date of a public hearing on a

petition to establish a public charter school,

an eligible chartering authority—

(1) shall publish a notice of the hearing in

the District of Columbia Register; and

(2) shall send a written notification of the

hearing date to the eligible applicant who

filed the petition.

(d) APPROVAL OR DENIAL.—Subject to subsection (i), an eligible chartering authority

shall approve a petition to establish a public

charter school, if—

(1) the authority determines that the petition satisfies the requirements of this subtitle; and

(2) the eligible applicant who filed the petition agrees to satisfy any condition or requirement, consistent with this title and

other applicable law, that is set forth in

writing by the eligible chartering authority

as an amendment to the petition.

(e) TIMETABLE.—An eligible chartering authority shall approve or deny a petition to

establish a public charter school not later

than 45 days after the conclusion of the public hearing on the petition.

(f) EXTENSION.—An eligible chartering authority and an eligible applicant may agree

to extend the 45-day time period referred to

in subsection (e) by a period that does not

exceed 30 days.

(g) EXPLANATION.—If an eligible chartering

authority denies a petition or finds it to be

incomplete, the authority shall specify in

writing the reasons for its decision and indicate, when appropriate, how the eligible applicant who filed the petition may revise the

petition to satisfy the requirements for approval.

(h) APPROVED PETITION.—

(1) NOTICE.—Not later than 10 days after an

eligible chartering authority approves a petition to establish a public charter school,

the authority shall provide a written notice

of the approval, including a copy of the approved petition and any conditions or requirements agreed to under subsection (d)(2),

to the eligible applicant and to the Chief Financial Officer of the District of Columbia.

The eligible chartering authority shall pub-
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lish a notice of the approval of the petition

in the District of Columbia Register.

(2) CHARTER.—The provisions of a petition

to establish a public charter school that has

been approved by an eligible chartering authority, together with any amendments to

the petition containing conditions or requirements agreed to by the eligible applicant under subsection (d)(2), shall be considered a charter granted to the school by the

authority.

(i) SPECIAL RULES FOR FIRST YEAR.—During the one-year period beginning on the

date of the enactment of this Act, each eligible chartering authority—

(1) may approve not more than one petition filed by an eligible applicant seeking to

convert an existing independent or private

school into a public charter school; and

(2) in considering a petition to establish a

public charter school filed by any eligible applicant, shall consider whether the school

will focus on students with special needs.

(j) EXCLUSIVE AUTHORITY OF CHARTERING

AUTHORITY.—Notwithstanding any other

Federal law or law of the District of Columbia, no governmental entity, elected official,

or employee of the District of Columbia may

make, participate in making, or intervene in

the making of, the decision to approve or

deny a petition to establish a public charter

school, except the eligible chartering authority with which the petition was filed.

SEC. 2154. DUTIES AND POWERS OF, AND OTHER

REQUIREMENTS ON, PUBLIC CHARTER SCHOOLS.

(a) DUTIES.—A public charter school shall

comply with—

(1) this subtitle;

(2) any other provision of law applicable to

the school; and

(3) all of the terms and provisions of its

charter.

(b) POWERS.—A public charter school shall

have all of the powers necessary for carrying

out its charter, including the following powers:

(1) To adopt a name and corporate seal, but

only if the name selected includes the words

‘‘public charter school’’.

(2) To acquire real property for use as its

school facilities, from public or private

sources.

(3) To receive and disburse funds for school

purposes.

(4) Subject to subsection (c)(1), to secure

appropriate insurance and to make contracts

and leases, including agreements to procure

or purchase services, equipment, and supplies.

(5) To incur debt in reasonable anticipation

of the receipt of funds from the general fund

of the District of Columbia or the receipt of

other Federal or private funds.

(6) To solicit and accept any grants or gifts

for school purposes, if the school—

(A) does not accept any grants or gifts subject to any condition contrary to law or contrary to the terms of the petition to establish the school as a public charter school;

and

(B) maintains separate accounts for grants

or gifts for financial reporting purposes.

(7) To be responsible for its own operation,

including preparation of a budget and personnel matters.

(8) To sue and be sued in its own name.

(c) PROHIBITIONS AND OTHER REQUIREMENTS.—

(1) CONTRACTING AUTHORITY.—

(A) NOTICE REQUIREMENT.—Except in the

case of an emergency, with respect to any

contract proposed to be awarded by a public

charter school and having a value equal to or

exceeding $10,000, the school shall publish a

notice of a request for proposals in the District of Columbia Register not less than 30

days prior to the award of the contract.

(B) SUBMISSION TO AUTHORITY.—

(i) DEADLINE FOR SUBMISSION.—With respect to any contract described in subparagraph (A) that is awarded by a public charter

school, the school shall submit to the Authority, not later than 3 days after the date

on which the award is made, all bids for the

contract received by the school, the name of

the contractor who is awarded the contract,

and the rationale for the award of the contract.

(ii) EFFECTIVE DATE OF CONTRACT.—

(I) IN GENERAL.—Subject to subclause (II),

a contract described in subparagraph (A)

shall become effective on the date that is 15

days after the date the school makes the

submission under clause (i) with respect to

the contract, or the effective date specified

in the contract, whichever is later.

(II) EXCEPTION.—A contract described in

subparagraph (A) shall be considered null

and void if the Authority determines, within

12 days of the date the school makes the submission under clause (i) with respect to the

contract, that the contract endangers the

economic viability of the public charter

school.

(2) TUITION.—A public charter school may

not charge tuition, fees, or other mandatory

payments, except to nonresident students.

(3) CONTROL.—A public charter school—

(A) shall exercise exclusive control over its

expenditures, administration, personnel, and

instructional methods, within the limitations imposed in this title; and

(B) shall be exempt from statutes, policies,

rules, and regulations governing District of

Columbia public schools established by the

Superintendent, Board of Education, Mayor,

District of Columbia Council, or Authority,

except as otherwise provided in this title or

in the charter granted to the school.

(4) AUDITS.—A public charter school shall

be subject to the same financial audits, audit

procedures, and fiduciary requirements as a

District of Columbia public school.

(5) GOVERNANCE.—A public charter school

shall be governed by a Board of Trustees in

a manner consistent with the charter granted to the school, the provisions of this title,

and any other law applicable to the school.

(6) OTHER STAFF.—No employee of the District of Columbia public schools may be required to accept employment with, or be assigned to, a public charter school.

(7) OTHER STUDENTS.—No student enrolled

in a District of Columbia public school may

be required to attend a public charter school.

(8) TAXES OR BONDS.—A public charter

school shall not levy taxes or issue bonds.

(9) CHARTER REVISION.—A public charter

school seeking to revise its charter shall prepare a petition for approval of the revision

and file it with the eligible chartering authority that granted the charter. The provisions of section 2153 shall apply to such a petition in the same manner as such provisions

apply to a petition to establish a public charter school.

(10) ANNUAL REPORT.—

(A) IN GENERAL.—A public charter school

shall submit an annual report to the eligible

chartering authority that approved its charter and to the Authority. The school shall

permit a member of the public to review any

such report upon request.

(B) CONTENTS.—A report submitted under

subparagraph (A) shall include the following

data:

(i) Student performance on any districtwide assessments.

(ii) Grade advancement for students enrolled in the public charter school.

(iii) Graduation rates, college admission

test scores, and college admission rates, if

applicable.

(iv) Types and amounts of parental involvement.

(v) Official student enrollment.

(vi) Average daily attendance.

(vii) Average daily membership.

(viii) A financial statement audited by an

independent certified public accountant.

(ix) A list of all donors and grantors that

have contributed monetary or in-kind donations having a value equal or exceeding $500

during the year that is the subject of the report.

(C) NONIDENTIFYING DATA.—Data described

in subparagraph (B) that are included in an

annual report may not identify the individuals to whom the data pertain.

(11) STUDENT ENROLLMENT REPORT.—A public charter school shall report to the Mayor

and the District of Columbia Council annual

student enrollment on a grade-by-grade

basis, including students with special needs,

in a manner and form that permits the

Mayor and the District of Columbia Council

to comply with subtitle E.

(12) CENSUS.—A public charter school shall

provide to the Board of Education student

enrollment data necessary for the Board to

comply with section 3 of article II of the Act

of February 4, 1925 (D.C. Code, sec. 31–404)

(relating to census of minors).

(13) COMPLAINT RESOLUTION PROCESS.—A

public charter school shall establish an informal complaint resolution process.

(14) PROGRAM OF EDUCATION.—A public

charter school shall provide a program of

education which shall include one or more of

the following:

(A) Pre-school.

(B) Pre-kindergarten.

(C) Any grade or grades from kindergarten

through 12th grade.

(D) Adult community, continuing, and vocational education programs.

(15) NONSECTARIAN NATURE OF SCHOOLS.—A

public charter school shall be nonsectarian.

(16) NONPROFIT STATUS OF SCHOOL.—A public charter school shall be organized under

the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–501 et seq.).

(17) IMMUNITY FROM CIVIL LIABILITY.—

(A) IN GENERAL.—A public charter school,

and its incorporators, Board of Trustees, officers, employees, and volunteers, shall be

immune from civil liability, both personally

and professionally, for any act or omission

within the scope of their official duties unless the act or omission—

(i) constitutes gross negligence;

(ii) constitutes an intentional tort; or

(iii) is criminal in nature.

(B) COMMON LAW IMMUNITY PRESERVED.—

Subparagraph (A) shall not be construed to

abrogate any immunity under common law

of a person described in such subparagraph.

SEC. 2155. BOARD OF TRUSTEES OF A PUBLIC

CHARTER SCHOOL.

(a) BOARD OF TRUSTEES.—The members of a

Board of Trustees of a public charter school

shall be elected or selected pursuant to the

charter granted to the school. Such a board

shall have an odd number of members that

does not exceed 7, of which—

(1) a majority shall be residents of the District of Columbia; and

(2) at least 2 shall be a parent of a student

attending the school.

(b) ELIGIBILITY.—An individual is eligible

for election or selection to the Board of

Trustees of a public charter school if the

person—

(1) is a teacher or staff member who is employed at the school;

(2) is a parent of a student attending the

school; or

(3) meets the selection or election criteria

set forth in the charter granted to the

school.

(c) ELECTION OR SELECTION OF PARENTS.—In

the case of the first Board of Trustees of a

public charter school to be elected or selected after the date on which the school is

granted a charter, the election or selection
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1995 T139.13

of the members under subsection (a)(2) shall

occur on the earliest practicable date after

classes at the school have commenced. Until

such date, any other members who have been

elected or selected shall serve as an interim

Board of Trustees. Such an interim board

may exercise all of the powers, and shall be

subject to all of the duties, of a Board of

Trustees.

(d) FIDUCIARIES.—The Board of Trustees of

a public charter school shall be fiduciaries of

the school and shall set overall policy for the

school. The Board of Trustees may make

final decisions on matters related to the operation of the school, consistent with the

charter granted to the school, this title, and

other applicable law.

SEC. 2156. STUDENT ADMISSION, ENROLLMENT,

AND WITHDRAWAL.

(a) OPEN ENROLLMENT.—Enrollment in a

public charter school shall be open to all students who are residents of the District of Columbia and, if space is available, to nonresident students who meet the tuition requirement in subsection (e).

(b) CRITERIA FOR ADMISSION.—A public

charter school may not limit enrollment on

the basis of a student’s intellectual or athletic ability, measures of achievement or aptitude, or a student’s disability. A public

charter school may limit enrollment to specific grade levels or areas of focus of the

school, such as mathematics, science, or the

arts, where such a limitation is consistent

with the charter granted to the school.

(c) RANDOM SELECTION.—If there are more

applications to enroll in a public charter

school from students who are residents of

the District of Columbia than there are

spaces available, students shall be admitted

using a random selection process.

(d) ADMISSION TO AN EXISTING SCHOOL.—

During the 5-year period beginning on the

date that a petition, filed by an eligible applicant seeking to convert an existing public, private, or independent school into a

public charter school, is approved, the school

shall give priority in enrollment to—

(1) students enrolled in the school at the

time that the petition is granted;

(2) the siblings of students described in

paragraph (1); and

(3) in the case of the conversion of an existing public school, students who reside within

the attendance boundaries, if any, in which

the school is located.

(e) NONRESIDENT STUDENTS.—Nonresident

students shall pay tuition to a public charter

school at the current rate established for

District of Columbia public schools administered by the Board of Education for the type

of program in which the student has enrolled.

(f) STUDENT WITHDRAWAL.—A student may

withdraw from a public charter school at any

time and, if otherwise eligible, enroll in a

District of Columbia public school administered by the Board of Education.

(g) EXPULSION AND SUSPENSION.—The principal of a public charter school may expel or

suspend a student from the school based on

criteria set forth in the charter granted to

the school.

SEC. 2157. EMPLOYEES.

(a) EXTENDED LEAVE OF ABSENCE WITHOUT

PAY.—

(1) LEAVE OF ABSENCE FROM DISTRICT OF COLUMBIA PUBLIC SCHOOLS.—The Superintendent shall grant, upon request, an extended leave of absence, without pay, to an

employee of the District of Columbia public

schools for the purpose of permitting the employee to accept a position at a public charter school for a 2-year term.

(2) REQUEST FOR EXTENSION.—At the end of

a 2-year term referred to in paragraph (1), an

employee granted an extended leave of absence without pay under the paragraph may

submit a request to the Superintendent for

an extension of the leave of absence for an

additional 2-year term. The Superintendent

may not unreasonably withhold approval of

the request.

(3) RIGHTS UPON TERMINATION OF LEAVE.—

An employee granted an extended leave of

absence without pay for the purpose described in paragraph (1) shall have the same

rights and benefits under law upon termination of such leave of absence as an employee of the District of Columbia public

schools who is granted an extended leave of

absence without pay for any other purpose.

(b) RETIREMENT SYSTEM.—

(1) CREDITABLE SERVICE.—An employee of a

public charter school who has received a

leave of absence under subsection (a) shall

receive creditable service, as defined in section 2604 of D.C. Law 2–139, effective March 3,

1979, (D.C. Code, sec. 1–627.4) and the rules established under such section, for the period

of the employee’s employment at the public

charter school.

(2) AUTHORITY TO ESTABLISH SEPARATE SYSTEM.—A public charter school may establish

a retirement system for employees under its

authority.

(3) ELECTION OF RETIREMENT SYSTEM.—A

former employee of the District of Columbia

public schools who become an employee of a

public charter school within 60 after the date

the employee’s employment with the District of Columbia public schools is terminated may, at the time the employee commences employment with the public charter

school, elect—

(A) to remain in a District of Columbia

government retirement system and continue

to receive creditable service for the period of

their employment at a public charter school;

or

(B) to transfer into a retirement system established by the public charter school pursuant to paragraph (2) .

(4) PROHIBITED EMPLOYMENT CONDITIONS.—

No public charter school may require a

former employee of the District of Columbia

public schools to transfer to the public charter school’s retirement system as a condition

of employment.

(5) CONTRIBUTIONS.—

(A) EMPLOYEES ELECTING NOT TO TRANSFER.—In the case of a former employee of the

District of Columbia public schools who

elects to remain in a District of Columbia

government retirement system pursuant to

paragraph (3)(A), the public charter school

that employs the person shall make the

same contribution to such system on behalf

of the person as the District of Columbia

would have been required to make if the person had continued to be an employee of the

District of Columbia public schools.

(B) EMPLOYEES ELECTING TO TRANSFER.—In

the case of a former employee of the District

of Columbia public schools who elects to

transfer into a retirement system of a public

charter school pursuant to paragraph (3)(B),

the applicable District of Columbia government retirement system from which the

former employee is transferring shall compute the employee’s contribution to that

system and transfer this amount, to the retirement system by the public charter

school.

(c) EMPLOYMENT STATUS.—Notwithstanding any other provision of law, an employee of a public charter school shall not be

considered to be an employee of the District

of Columbia government for any purpose.

SEC. 2158. REDUCED FARES FOR PUBLIC TRANSPORTATION.

A student attending a public charter

school shall be eligible for reduced fares on

the Metrobus and Metrorail Transit System

on the same terms and conditions as are applicable under section 2 of D.C. Law 2–152, effective March 9, 1979, (D.C. Code, sec. 44–216

et seq.) to a student attending a District of

Columbia public school.

SEC. 2159. DISTRICT OF COLUMBIA PUBLIC

SCHOOL SERVICES TO PUBLIC

CHARTER SCHOOLS.

The Superintendent may provide services

such as facilities maintenance to public

charter schools. All compensation for costs

of such services shall be subject to negotiation and mutual agreement between a public

charter school and the Superintendent.

SEC. 2160. APPLICATION OF LAW.

(a) ELEMENTARY AND SECONDARY EDUCATION

ACT.—

(1) TREATMENT AS LOCAL EDUCATIONAL

AGENCY.—For any fiscal year, a public charter school shall be considered to be a local

educational agency for purposes of part A of

title I of the Elementary and Secondary Education Act of 1965, and shall be eligible for

assistance under such part, if the percentage

of pupils enrolled in the public charter

school during the preceding fiscal year who

were eligible for, and received, free or reduced price school lunches under the National School Lunch Act is equal to or greater than the lowest such percentage for any

District of Columbia public school that was

selected to provide services under section

1113 of such Act for such preceding year.

(2) ALLOCATION FOR FISCAL YEARS 1996

THROUGH 1998.—

(A) PUBLIC CHARTER SCHOOLS.—For fiscal

years 1996 through 1998, each public charter

school that is eligible to receive assistance

under part A of title I of the Elementary and

Secondary Education Act of 1965 shall receive a portion of the District of Columbia’s

total allocation under such part which bears

the same ratio to such total allocation as

the number described in subparagraph (C)

bears to the number described in subparagraph (D).

(B) DISTRICT OF COLUMBIA PUBLIC

SCHOOLS.—For fiscal years 1996 through 1998,

the District of Columbia public schools shall

receive a portion of the District of Columbia’s total allocation under part A of title I

of the Elementary and Secondary Education

Act of 1965 which bears the same ratio to

such total allocation as the total of the numbers described in clauses (ii) and (iii) of paragraph (2)(D) bears to the aggregate total described in paragraph (2)(D).

(C) NUMBER OF ELIGIBLE PUPILS ENROLLED

IN THE PUBLIC CHARTER SCHOOL.—The number

described in this subparagraph is the number

of pupils enrolled in the public charter

school during the preceding fiscal year who

were eligible for, and received, free or reduced price school lunches under the National School Lunch Act.

(D) AGGREGATE NUMBER OF ELIGIBLE PUPILS.—The number described in this subparagraph is the aggregate total of the following

numbers:

(i) The number of pupils enrolled during

the preceding fiscal year in all eligible public

charter schools who were eligible for, and received, free or reduced price school lunches

under the National School Lunch Act.

(ii) The number of pupils who, during the

preceding fiscal year—

(I) were enrolled in a District of Columbia

public school selected to provide services

under section 1113 of the Elementary and

Secondary Education Act of 1965; and

(II) were eligible for, and received, free or

reduced price school lunches under the National School Lunch Act.

(iii) The number of pupils who, during the

preceding fiscal year—

(I) were enrolled in a private or independent school;

(II) were eligible for, and received, free or

reduced price school lunches under the National School Lunch Act; and
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(III) resided in an attendance area of a District of Columbia public school selected to

provide services under section 1113 of the Elementary and Secondary Education Act of

1965.

(3) ALLOCATION FOR FISCAL YEAR 1999 AND

THEREAFTER.—

(A) CALCULATION BY SECRETARY.—Notwithstanding sections 1124(a)(2), 1124(c)(2),

1124A(a)(4), 1125(c)(2), and 1125(d) of the Elementary and Secondary Education Act of

1965, for fiscal year 1999 and fiscal years

thereafter, the total allocation under part A

of title I of such Act for all local educational

agencies in the District of Columbia, including public charter schools that are eligible to

receive assistance under such part, shall be

calculated by the Secretary of Education. In

making such calculation, such Secretary

shall treat all such local educational agencies as if they were a single local educational

agency for the District of Columbia.

(B) ALLOCATION.—

(i) PUBLIC CHARTER SCHOOLS.—For fiscal

year 1999 and fiscal years thereafter, each

public charter school that is eligible to receive assistance under part A of title I of the

Elementary and Secondary Education Act of

1965 shall receive a portion of the total allocation calculated under subparagraph (A)

which bears the same ratio to such total allocation as the number described in paragraph (2)(C) bears to the number described in

paragraph (2)(D).

(ii) DISTRICT OF COLUMBIA PUBLIC

SCHOOLS.—For fiscal year 1999 and fiscal

years thereafter, the District of Columbia

public schools shall receive a portion of the

total allocation calculated under subparagraph (A) which bears the same ratio to such

total allocation as the total of the numbers

described in clauses (ii) and (iii) of paragraph

(2)(D) bears to the aggregate total described

in paragraph (2)(D).

(4) USE OF ESEA FUNDS.—The Board of Education may not direct a public charter school

in the charter school’s use of funds under

part A of title I of the Elementary and Secondary Education Act of 1965.

(5) INAPPLICABILITY OF CERTAIN ESEA PROVISIONS.—The following provisions of the Elementary and Secondary Education Act of

1965 shall not apply to a public charter

school:

(A) Paragraphs (5), (8), and (9) of section

1112(b).

(B) Subsection 1112(c).

(C) Section 1113.

(D) Section 1115A.

(E) Subsections (a), (b), and (c) of section

1116.

(F) Subsections (a), (c), (d), (e), (f), and (g)

of section 1118.

(G) Section 1120.

(H) Subsections (a) and (c) of section 1120A.

(I) Section 1120B.

(J) Section 1126.

(b) PROPERTY AND SALES TAXES.—A public

charter school shall be exempt from District

of Columbia property and sales taxes.

SEC. 2161. POWERS AND DUTIES OF ELIGIBLE

CHARTERING AUTHORITIES.

(a) OVERSIGHT.—

(1) IN GENERAL.—An eligible chartering

authority—

(A) shall monitor the operations of each

public charter school to which the authority

has granted a charter;

(B) shall ensure that each such school complies with applicable laws and the provisions

of the charter granted to the school; and

(C) shall monitor the progress of each such

school in meeting student academic achievement expectations specified in the charter

granted to the school.

(2) PRODUCTION OF BOOKS AND RECORDS.—An

eligible chartering authority may require a

public charter school to which the authority

has granted a charter to produce any book,

record, paper, or document, if the authority

determines that such production is necessary

for the authority to carry out its functions

under this title.

(b) FEES.—

(1) APPLICATION FEE.—An eligible chartering authority may charge an eligible applicant a fee, not to exceed $150, for processing a petition to establish a public charter school.

(2) ADMINISTRATION FEE.—In the case of an

eligible chartering authority that has granted a charter to an public charter school, the

authority may charge the school a fee, not

to exceed one-half of one percent of the annual budget of the school, to cover the cost

of undertaking the ongoing administrative

responsibilities of the authority with respect

to the school that are described in this subtitle. The school shall pay the fee to the eligible chartering authority not later than November 15 of each year.

(c) IMMUNITY FROM CIVIL LIABILITY.—

(1) IN GENERAL.—An eligible chartering authority, a governing board of such an authority, and the directors, officers, employees,

and volunteers of such an authority, shall be

immune from civil liability, both personally

and professionally, for any act or omission

within the scope of their official duties unless the act or omission—

(A) constitutes gross negligence;

(B) constitutes an intentional tort; or

(C) is criminal in nature.

(2) COMMON LAW IMMUNITY PRESERVED.—

Paragraph (1) shall not be construed to abrogate any immunity under common law of a

person described in such paragraph.

SEC. 2162. CHARTER RENEWAL.

(a) TERM.—A charter granted to a public

charter school shall remain in force for a 5-

year period, but may be renewed for an unlimited number of 5-year periods.

(b) APPLICATION FOR CHARTER RENEWAL.—

In the case of a public charter school that

desires to renew its charter, the Board of

Trustees of the school shall file an application to renew the charter with the eligible

chartering authority that granted the charter not later than 120 days before the expiration of the charter. The application shall

contain the following:

(1) A report on the progress of the public

charter school in achieving the goals, student academic achievement expectations,

and other terms of the approved charter.

(2) All audited financial statements for the

public charter school for the preceding 4

years.

(c) APPROVAL OF CHARTER RENEWAL APPLICATION.—The eligible chartering authority

that granted a charter shall approve an application to renew the charter that is filed

inaccordance with subsection (b) unless the

authority determines that—

(1) the school committed a material violation of the conditions, terms, standards, or

procedures set forth in the charter; or

(2) the school failed to meet the goals and

student academic achievement expectations

set forth in the charter.

(d) PROCEDURES FOR CONSIDERATION OF

CHARTER RENEWAL.—

(1) NOTICE OF RIGHT TO HEARING.—An eligible chartering authority that has received an

application to renew a charter that is filed

by a Board of Trustees in accordance with

subsection (b) shall provide to the Board

written notice of the right to an informal

hearing on the application. The eligible

chartering authority shall provide the notice

not later than 15 days after the date on

which the authority received the application.

(2) REQUEST FOR HEARING.—Not later than

15 days after the date on which a Board of

Trustees receives a notice under paragraph

(1), the Board may request, in writing, an informal hearing on the application before the

eligible chartering authority.

(3) DATE AND TIME OF HEARING.—

(A) NOTICE.—Upon receiving a timely written request for a hearing under paragraph

(2), an eligible chartering authority shall set

a date and time for the hearing and shall

provide reasonable notice of the date and

time, as well as the procedures to be followed

at the hearing, to the Board.

(B) DEADLINE.—An informal hearing under

this subsection shall take place not later

than 30 days after an eligible chartering authority receives a timely written request for

the hearing under paragraph (2).

(4) FINAL DECISION.—

(A) DEADLINE.—An eligible chartering authority shall render a final decision, in writing, on an application to renew a charter—

(i) not later than 30 days after the date on

which the authority provided the written notice of the right to a hearing, in the case of

an application with respect to which such a

hearing is not held; and

(ii) not later than 30 days after the date on

which the hearing is concluded, in the case

of an application with respect to which a

hearing is held.

(B) REASONS FOR NONRENEWAL.—An eligible

chartering authority that denies an application to renew a charter shall state in its decision, in reasonable detail, the grounds for

the denial.

(5) ALTERNATIVES UPON NONRENEWAL.—An

eligible chartering authority that denies an

application to renew a charter granted to a

public charter school, or whose decision approving such an application is reversed under

section 2162(e), may—

(A) manage the school directly until alternative arrangements can be made for students at the school; or

(B) place the school in a probationary status that requires the school to take remedial

actions, to be determined by the authority,

that directly relate to the grounds for the

denial.

(6) JUDICIAL REVIEW.—

(A) AVAILABILITY OF REVIEW.—A decision

by an eligible chartering authority to deny

an application to renew a charter shall be

subject to judicial review.

(B) STANDARD OF REVIEW.—A decision by an

eligible chartering authority to deny an application to renew a charter shall be upheld

unless the decision is arbitrary and capricious or clearly erroneous.

(e) BOARD OF EDUCATION RENEWAL REVIEW.—

(1) NOTICE OF DECISION TO RENEW.—An eligible chartering authority, other than the

Board of Education, that renders a decision

to approve an application to renew a charter

granted to a public charter school—

(A) shall provide a copy of the decision to

the Superintendent, the Board of Education,

and the school not later than 3 days after the

decision is rendered; and

(B) shall publish the decision in the District of Columbia Register not later than 5

days after the decision is rendered.

(2) RECOMMENDATION OF SUPERINTENDENT.—

Not later than 30 days after an eligible chartering authority provides a copy of a decision approving an application to renew a

charter to the Superintendent under paragraph (1), the Superintendent may recommend to the Board of Education, in writing, that the decision be reversed.

(3) STANDARD OF REVIEW BY BOARD OF EDUCATION.—The Board of Education may concur

in a recommendation of the Superintendent

under paragraph (2), and reverse a decision

approving an application to renew a charter

granted to a public charter school, if the

Board of Education determines that—

(A) the school failed to meet the goals and

student academic achievement expectations
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set forth in the charter, in the case of a

school that has a student body the majority

of which comprises students with special

needs; or

(B) the average test score for all students

enrolled in the school was less than the average test score for all students enrolled in the

District of Columbia public schools on the

most recently administered the district-wide

assessments, in the case of a school that has

a student body the majority of which does

not comprise students with special needs.

(4) PROCEDURES FOR REVERSING DECISION.—

(A) NOTICE OF RIGHT TO HEARING.—In any

case in which the Board of Education is considering reversing a decision approving an

application to renew a charter granted to a

public charter school, the Board of Education shall provide to the Board of Trustees

of the school a written notice stating in reasonable detail the grounds for the proposed

reversal. The notice shall inform the Board

of Trustees of the right to an informal hearing on the proposed reversal.

(B) REQUEST FOR HEARING.—Not later than

15 days after the date on which a Board of

Trustees receives a notice under subparagraph (A), the Board may request, in writing,

an informal hearing on the proposed reversal

before the Board of Education.

(C) DATE AND TIME OF HEARING.—

(i) NOTICE.—Upon receiving a timely written request for a hearing under subparagraph

(B), the Board of Education shall set a date

and time for the hearing and shall provide

reasonable notice of the date and time, as

well as the procedures to be followed at the

hearing, to the Board of Trustees.

(ii) DEADLINE.—An informal hearing under

this paragraph shall take place not later

than 30 days after the Board of Education receives a timely written request for the hearing under subparagraph (B).

(D) FINAL DECISION.—

(i) DEADLINE.—The Board of Education

shall render a final decision, in writing, on

the proposed reversal—

(I) not later than 30 days after the date on

which the Board of Education provided the

written notice of the right to a hearing, in

the case of a proposed reversal with respect

to which such a hearing is not held; and

(II) not later than 30 days after the date on

which the hearing is concluded, in the case

of a proposed reversal with respect to which

a hearing is held.

(ii) REASONS FOR REVERSAL.—If the Board

of Education reverses a decision approving

an application to renew a charter, the Board

of Education shall state in its decision, in

reasonable detail, the grounds for the reversal.

(E) JUDICIAL REVIEW.—

(i) AVAILABILITY OF REVIEW.—A decision by

the Board of Education to reverse a decision

approving an application to renew a charter

shall be subject to judicial review.

(ii) STANDARD OF REVIEW.—A decision by

the Board of Education to reverse a decision

approving an application to renew a charter

shall be upheld unless the decision is arbitrary and capricious or clearly erroneous.

SEC. 2163. CHARTER REVOCATION.

(a) CHARTER OR LAW VIOLATIONS.—An eligible chartering authority that has granted a

charter to a public charter school may revoke the charter if the authority determines

that the school has committed a violation of

applicable laws or a material violation of the

conditions, terms, standards, or procedures

set forth in the charter.

(b) FISCAL MISMANAGEMENT.—An eligible

chartering authority that has granted a

charter to a public charter school shall revoke the charter if the authority determines

that the school—

(1) has engaged in a pattern of nonadherence to generally accepted accounting principles;

(2) has engaged in a pattern of fiscal mismanagement; or

(3) is no longer economically viable.

(c) PROCEDURES FOR CONSIDERATION OF

REVOCATION.—

(1) NOTICE OF RIGHT TO HEARING.—An eligible chartering authority that is proposing to

revoke a charter granted to a public charter

school shall provide to the Board of Trustees

of the school a written notice stating in reasonable detail the grounds for the proposed

revocation. The notice shall inform the

Board of the right of the Board to an informal hearing on the proposed revocation.

(2) REQUEST FOR HEARING.—Not later than

15 days after the date on which a Board of

Trustees receives a notice under paragraph

(1), the Board may request, in writing, an informal hearing on the proposed revocation

before the eligible chartering authority.

(3) DATE AND TIME OF HEARING.—

(A) NOTICE.—Upon receiving a timely written request for a hearing under paragraph

(2), an eligible chartering authority shall set

a date and time for the hearing and shall

provide reasonable notice of the date and

time, as well as the procedures to be followed

at the hearing, to the Board.

(B) DEADLINE.—An informal hearing under

this subsection shall take place not later

than 30 days after an eligible chartering authority receives a timely written request for

the hearing under paragraph (2).

(4) FINAL DECISION.—

(A) DEADLINE.—An eligible chartering authority shall render a final decision, in writing, on the revocation of a charter—

(i) not later than 30 days after the date on

which the authority provided the written notice of the right to a hearing, in the case of

a proposed revocation with respect to which

such a hearing is not held; and

(ii) not later than 30 days after the date on

which the hearing is concluded, in the case

of a proposed revocation with respect to

which a hearing is held.

(B) REASONS FOR REVOCATION.—An eligible

chartering authority that revokes a charter

shall state in its decision, in reasonable detail, the grounds for the denial.

(5) ALTERNATIVES UPON REVOCATION.—An

eligible chartering authority that revokes a

charter granted to a public charter school

may manage the school directly until alternative arrangements can be made for students at the school.

(6) JUDICIAL REVIEW.—

(A) AVAILABILITY OF REVIEW.—A decision

by an eligible chartering authority to revoke

a charter shall be subject to judicial review.

(B) STANDARD OF REVIEW.—A decision by an

eligible chartering authority to revoke a

charter shall be upheld unless the decision is

arbitrary and capricious or clearly erroneous.

SEC. 2164. DISCONTINUANCE OF ELIGIBLE CHARTERING AUTHORITY.

(a) NOTICE.—In the case of an eligible chartering authority that has granted a charter

to a public charter school and that becomes

unable or unwilling to continue to act in the

capacity of an eligible chartering authority

with respect to the school, the authority

shall provide written notice of such discontinuance to the school, to the extent feasible, not later than the date that is 120 days

before the date on which such discontinuance takes effect.

(b) PETITION BY SCHOOL.—A public charter

school that has been granted a charter by an

eligible chartering authority that becomes

unable or unwilling to continue to act in the

capacity of an eligible chartering authority

with respect to the school shall file a petition with another eligible chartering authority described in subsection (c)(2). The petition shall request that such other authority

assume the powers and duties of an eligible

chartering authority with respect to the

school and the charter granted to the school.

The petition shall be filed—

(1) in the case of a public charter school

that received a timely notice under subsection (a), not later than 120 days after such

notice was received; and

(2) in the case of a public charter school

that did not receive a timely notice under

subsection (a), not later than 120 days after

the date on which the eligible chartering authority ceases to act in the capacity of an eligible chartering authority with respect to

the school.

(c) CHARTERING AUTHORITIES REQUIRED TO

ASSUME DUTIES.—

(1) IN GENERAL.—If any of the eligible chartering authorities described in paragraph (2)

receives a petition filed by a public charter

school in accordance with subsection (b), the

eligible chartering authority shall grant the

petition and assume the powers and duties of

an eligible chartering authority with respect

to the school and the charter granted to the

school.

(2) ELIGIBLE CHARTERING AUTHORITIES.—The

eligible chartering authorities referred to in

paragraph (1) are the following:

(A) The Board of Education.

(B) Any other entity established, and designated as an eligible chartering authority,

by the District of Columbia Council by enactment of a bill after the date of the enactment of this Act.

(d) INTERIM POWERS AND DUTIES OF

SCHOOL.—Except as provided in this section,

the powers and duties of a public charter

school that has been granted a charter by an

eligible chartering authority that becomes

unable or unwilling to continue to act in the

capacity of an eligible chartering authority

with respect to the school shall not be affected by such discontinuance, if the school

satisfies the requirements of this section.

SEC. 2165. FEDERAL ENTITIES.

(a) IN GENERAL.—The following Federal

agencies and federally-established institutions shall explore whether it is feasible for

the agency or institution to establish one or

more public charter schools:

(1) The Library of Congress.

(2) The National Aeronautics and Space

Administration.

(3) The Drug Enforcement Agency.

(4) The National Science Foundation.

(5) The Department of Justice.

(6) The Department of Defense.

(7) The Smithsonian Institution, including

the National Zoological Park, the National

Museum of American History, the Kennedy

Center for the Performing Arts, and the National Gallery of Art.

(b) DETERMINATION.—Not later than 120

days after the date of the enactment of this

Act, each agency and institution listed in

subsection (a) shall make a determination

regarding whether it is feasible for the agency or institution to establish one or more

public charter schools.

(c) REPORT.—Not later than 270 days after

the date of the enactment of this Act, any

agency or institution listed in subsection (a)

that has not filed a petition to establish a

public charter school with an eligible chartering authority shall report to the Congress

the reasons for the decision.

Subtitle C—Even Start

SEC. 2201. AMENDMENTS FOR EVEN START PROGRAMS.

(a) AUTHORIZATION OF APPROPRIATIONS.—

Section 1002 of the Elementary and Secondary Education Act of 1965 is amended by

striking subsection (b) and inserting the following:

‘‘(b) EVEN START.—

‘‘(1) IN GENERAL.—For the purpose of carrying out part B, other than Even Start programs for the District of Columbia as de-
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scribed in paragraph (2), there are authorized

to be appropriated $118,000,000 for fiscal year

1995 and such sums as may be necessary for

each of the four succeeding fiscal years.

‘‘(2) DISTRICT OF COLUMBIA.—For the purpose of carrying out Even Start programs in

the District of Columbia as described in section 1211, there are authorized to be

appropriated—

‘‘(A) for fiscal year 1996, $2,000,000 for continued funding made in fiscal year 1995, and

for new grants, for an aggregate of 8;

‘‘(B) for fiscal year 1997, $3,500,000 for continued funding made in fiscal year 1996 and

for new grants, for an aggregate of 14;

‘‘(C) for fiscal year 1998, $5,000,000 for continued funding made in fiscal years 1996 and

1997 and for new grants, for an aggregate of

20 grants in such fiscal year;

‘‘(D) for fiscal year 1999, $5,000,000 for continued funding made in fiscal years 1996, 1997,

and 1998 and for new grants, for an aggregate

of 20 grants in such fiscal year; and

‘‘(E) for fiscal year 2000, $5,000,000 for continued funding made in fiscal years 1996, 1997,

1998, and 1999 and for new grants, for an aggregate of 20 grants in such fiscal year or

such number as the Secretary determines appropriate pursuant to the evaluation described in section 1211(i)(2).’’.

(b) EVEN START FAMILY LITERACY PROGRAMS.—Part B of title I of the Elementary

and Secondary Education Act of 1965 is

amended—

(1) in section 1202(a)(1), by inserting ‘‘(1)’’

after ‘‘1002(b)’’;

(2) in section 1202(b), by inserting ‘‘(1)’’

after ‘‘1002(b)’’;

(3) in section 1202(d)(1)—

(A) by inserting ‘‘(1)’’ after ‘‘1002(b)’’; and

(B) by inserting ‘‘or under section 1211,’’

after ‘‘subsections (a), (b), and (c),’’;

(4) in section 1202(d)(3), by inserting ‘‘(1)’’

after ‘‘1002(b)’’;

(5) in section 1202(e)(4), by striking ‘‘, the

District of Columbia,’’;

(6) in section 1204(a), by inserting ‘‘intensive’’ after ‘‘cost of providing’’;

(7) in section 1205(4), by inserting ‘‘, intensive’’ after ‘‘high-quality’’;

(8) in section 1206(b)(1), by striking ‘‘described in subsection (a)’’; and

(9) by adding at the end the following new

section:

‘‘SEC. 1211. DISTRICT OF COLUMBIA EVEN START

INITIATIVES.

‘‘(a) D.C. PROGRAM AUTHORIZED.—The Secretary shall provide grants, on a competitive

basis, to assist eligible entities to carry out

Even Start programs in the District of Columbia that build on the findings of the ‘National Evaluation of the Even Start Family

Literacy Program’, such as providing intensive services in parent training and adult literacy or adult education.

‘‘(b) DEFINITION OF ‘ELIGIBLE’’.—For the

purpose of this section, the term ‘eligible entity’ means a partnership composed of at

least—

‘‘(1) a public school in the District of Columbia;

‘‘(2) the local educational agency in existence on September 1, 1995 for the District of

Columbia, any other public organization, or

an institution of higher education; and

‘‘(3) a private nonprofit community-based

organization.

‘‘(c) USES OF FUNDS; COST-SHARING.—

‘‘(1) COMPLIANCE.—Each eligible entity

that receives funds under this section shall

comply with section 1204(a) and 1204(b)(3), relating to the use of such funds.

‘‘(2) COST-SHARING.—Each program funded

under this section is subject to the cost-sharing requirement of section 1204(b)(1), except

that the Secretary may waive that requirement, in whole or in part, for any eligible entity that demonstrates to the Secretary’s

satisfaction that such entity otherwise

would not be able to participate in the program under this section.

‘‘(3) MINIMUM.—Except as provided in paragraph (4), each eligible entity selected to receive a grant under this section shall receive

not more than $250,000 in any fiscal year, except that the Secretary may increase such

amount if the Secretary determines that—

‘‘(A) such entity needs additional funds to

be effective; and

‘‘(B) the increase will not reduce the

amount of funds available to other programs

that receive funds under this section.

‘‘(4) REMAINING FUNDS.—If funds remain

after payments are made under paragraph (3)

for any fiscal year, the Secretary shall make

such remaining funds available to each selected eligible entity in such fiscal year on a

pro rata basis.

‘‘(d) PROGRAM ELEMENTS.—Each program

assisted under this section shall comply with

the program elements described in section

1205, including intensive high quality instruction programs of parent training and

adult literacy or adult education.

‘‘(e) ELIGIBLE PARTICIPANTS.—

‘‘(1) IN GENERAL.—Individuals eligible to

participate in a program under this section

are—

‘‘(A) the parent or parents of a child described in subparagraph (B), or any other

adult who is substantially involved in the

day-to-day care of the child, who—

‘‘(i) is eligible to participate in an adult

education program under the Adult Education Act; or

‘‘(ii) is attending, or is eligible by age to

attend, a public school in the District of Columbia; and

‘‘(B) any child, from birth through age 7, of

an individual described in subparagraph (A).

‘‘(2) ELIGIBILITY REQUIREMENTS.—The eligibility factors described in section 1206(b)

shall apply to programs under this section.

‘‘(f) APPLICATIONS.—Each eligible entity

that wishes to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and

containing such information as the Secretary may require.

‘‘(g) SELECTION OF GRANTEES.—In awarding

grants under this section, the Secretary

shall—

‘‘(1) use the selection criteria described in

subparagraphs (A) through (F) and (H) of section 1208(a)(1); and

‘‘(2) give priority to applications for programs that—

‘‘(A) target services to schools in which a

schoolwide program is being conducted under

section 1114 of this subtitle; or

‘‘(B) are located in areas designated as empowerment zones or enterprise communities.

‘‘(h) DURATION OF PROGRAMS.—The priority

for subgrants described in section 1208(b)

shall apply to grants made under this section, except that—

‘‘(1) references in that section to the State

educational agency and to subgrants shall be

read to refer to the Secretary and to grants

under this section, respectively; and

‘‘(2) notwithstanding paragraph (4) of such

section, the Secretary shall not provide continuation funding to a recipient under this

section if the Secretary determines, after affording the recipient notice and an opportunity for a hearing, that the recipient has

not made substantial progress toward

achieving its stated objectives and the purpose of this section.

‘‘(i) TECHNICAL ASSISTANCE AND EVALUATION.—

‘‘(1) TECHNICAL ASSISTANCE.—(A) The Secretary shall use not more than 5 percent of

the amounts authorized under section

1002(b)(2) for any fiscal year to provide technical assistance to eligible entities, including providing funds to one or more local nonprofit organizations to provide technical assistance to eligible entities in the areas of

community development and coalition building, and for the evaluation conducted pursuant to paragraph (2).

‘‘(B) The Secretary shall allocate 5 percent

of the amounts authorized under section

1002(b)(2) in any fiscal year to contract with

the National Center for Family Literacy to

provide technical assistance to eligible entities.

‘‘(2) EVALUATION.—(A) The Secretary shall

use funds available under paragraph (1)(A) to

provide an independent evaluation of programs under this section to determine their

effectiveness in providing high quality family literacy services including—

‘‘(i) intensive and high quality services in

adult literacy or adult education;

‘‘(ii) intensive and high quality services in

parent training;

‘‘(iii) coordination with related programs;

‘‘(iv) training of related personnel in appropriate skill areas; and

to determine if the grant amount provided to

grantees to carry out such projects is appropriate to accomplish the goals of this section.

‘‘(B)(i) Such evaluation shall be conducted

by individuals not directly involved in the

administration of a program operated with

funds provided under this section. Such independent evaluators and the program administrators shall jointly develop evaluation criteria which provide for appropriate analysis

of the factors listed in subparagraph (A).

‘‘(ii) In order to determine a program’s effectiveness in achieving its stated goals,

each evaluation shall contain objective

measures of such goals and, whenever feasible, shall obtain the specific views of program participants about such programs.

‘‘(C) The Secretary shall prepare and submit to the Committees on Appropriations of

the House of Representatives and the Senate,

the Committee on Economic and Education

Opportunities of the House of Representatives, the Committee on Government Reform

and Oversight of the House of Representatives, the Committee on Labor and Human

Resources of the Senate, and the Committee

on Governmental Affairs of the Senate a report regarding the results of such evaluations not later than March 1, 1999. The Secretary shall provide an interim report by

March 1, 1998.’’.

Subtitle D—World Class Schools Panel; Core

Curriculum; Assessments; and Promotion

Gates

PART 1—WORLD CLASS SCHOOLS PANEL

SEC. 2251. ESTABLISHMENT.

There is established a panel to be known as

the ‘‘World Class Schools Panel’’.

SEC. 2252. DUTIES OF PANEL.

(a) IN GENERAL.—Not later than July 1,

1996, the Panel shall recommend to the Superintendent and the Board of Education the

following:

(1) A core curriculum for kindergarten

through the 12th grade developed or selected

by the Panel.

(2) District-wide assessments for measuring student achievement in the curriculum

developed or selected under paragraph (1).

Such assessments shall be developed at several grade levels, including, at a minimum,

the grade levels with respect to which the

Superintendent establishes promotion gates,

as required under section 2263. To the extent

feasible, such assessments shall, at a minimum, be designed to provide information

that permits the following comparisons to be

made:

(A) Comparisons among individual schools

and individual students in the District of Columbia.

(B) Comparisons between individual

schools and individual students in the Dis-
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trict of Columbia and schools and students

in other States and the Nation as a whole.

(C) Comparisons between individual

schools and individual students in the District of Columbia and schools and students

in other nations whose students historically

have scored high on international studies of

student achievement.

(3) Model professional development programs for teachers using the curriculum developed or selected under paragraph (1).

(b) CONTENT.—The curriculum and assessments recommended under subsection (a)

shall be either newly developed or existing

materials that are judged by the Panel to

be—

(1) ‘‘world class’’, including having a level

of quality and rigor that is equal to, or

greater than, the level of quality and rigor of

analogous curricula and assessments of other

nations (including nations whose students

historically score high on international studies of student achievement); and

(2) appropriate for the District of Columbia

public schools.

(c) SUBMISSION TO SECRETARY.—If the curriculum, assessments, and model professional development programs recommended

by the Panel are approved by the Board of

Education, the Superintendent may submit

them to the Secretary of Education as evidence of compliance with sections 1111, 1112,

and 1119 of the Elementary and Secondary

Education Act of 1965.

SEC. 2253. MEMBERSHIP.

(a) NUMBER AND APPOINTMENT.—The Panel

shall be comprised of the Superintendent and

6 other members appointed as follows:

(1) 2 members appointed by the Speaker of

the House of Representatives.

(2) 2 members appointed by the majority

leader of the Senate.

(3) 1 member appointed by the President.

(4) 1 member appointed by the Mayor

who—

(A) is a parent of a minor student enrolled

in a District of Columbia public school; and

(B) is active in a parent organization.

(b) EXPERTISE.—The members of the Panel

appointed under paragraphs (1), (2), and (3) of

subsection (a) shall be appointed from among

individuals who are nationally recognized

experts on education reform in the United

States or who are nationally recognized experts on education in other nations, including the areas of curriculum, assessment, and

teacher training.

(c) TERMS.—The term of service of each

member of the Panel shall begin on the date

of appointment of the member and shall end

on the date of the termination of the Panel,

unless the member resigns from the Panel or

becomes incapable of continuing to serve on

the Panel.

(d) CHAIRPERSON.—The members of the

Panel shall select a chairperson from among

them.

(e) DATE OF APPOINTMENT.—The members

of the Panel shall be appointed not later

than 30 days after the date of the enactment

of this Act.

(f) COMMENCEMENT OF DUTIES.—The Panel

may begin to carry out its duties under this

part when 5 members of the Panel have been

appointed.

(g) VACANCIES.—A vacancy on the Panel

shall not affect the powers of the Panel, but

shall be filled in the same manner as the

original appointment.

SEC. 2254. CONSULTATION.

The Panel shall conduct its work in consultation with—

(1) officials of the District of Columbia

public schools who have been identified by

the Superintendent as having relevant responsibilities;

(2) the consortium established under section 2604(e); and

(3) any other persons or groups the Panel

deems appropriate.

SEC. 2255. ADMINISTRATIVE PROVISIONS.

(a) MEETINGS.—The Panel shall meet on a

regular basis, as necessary, at the call of the

chairperson or a majority of its members.

(b) QUORUM.—A majority of the members

shall constitute a quorum for the transaction of business.

(c) VOTING AND FINAL DECISION.—

(1) PROHIBITION ON PROXY VOTING.—No individual may vote, or exercise any other power

of a member, by proxy.

(2) FINAL DECISIONS.—In making final decisions of the Panel with respect to the exercise of its duties and powers, the Panel shall

operate on the principle of majority vote.

(d) PUBLIC ACCESS.—The Panel shall ensure

public access to its proceedings (other than

proceedings, or portions of proceedings, relating to internal personnel and management matters) and make available to the

public, at reasonable cost, transcripts of

such proceedings.

(e) NO PAY FOR PERFORMANCE OF DUTIES.—

Members of the Commission may not be paid

for the performance of duties vested in the

Commission.

(f) TRAVEL EXPENSES.—Each member shall

receive travel expenses, including per diem

in lieu of subsistence, in accordance with

section 5702 and 5703 of title 5, United States

Code.

SEC. 2256. GIFTS.

The Panel may, during the fiscal year ending September 30, 1996, accept donations of

money, property, and personal services, except that no donations may be accepted for

travel or reimbursement of travel expenses,

or for the salaries of employees of the Panel.

SEC. 2257. DIRECTOR AND STAFF; EXPERTS AND

CONSULTANTS.

(a) DIRECTOR.—The Chairperson of the

Panel, without regard to the provisions of

title 5, United States Code, relating to the

appointment and compensation of officers or

employees of the United States, shall appoint a Director to be paid at a rate not to

exceed the rate of basic pay for level V of the

Executive Schedule.

(b) APPOINTMENT AND PAY OF EMPLOYEES.—

(1) APPOINTMENT.—The Director may appoint not more than 6 additional employees

to serve as staff to the Panel without regard

to the provisions of title 5, United States

Code, governing appointments in the competitive service.

(2) PAY.—The employees appointed under

paragraph (1) may be paid without regard to

the provisions of chapter 51 and subchapter

III of chapter 53 of title 5, United States

Code, relating to classification and General

Schedule pay rates, but shall not be paid a

rate that exceeds the maximum rate of basic

pay payable for GS–15 of the General Schedule.

(c) EXPERTS AND CONSULTANTS.—The Panel

may procure temporary and intermittent

services of experts and consultants under

section 3109(b) of title 5, United States Code.

(d) STAFF OF FEDERAL AGENCIES.—Upon the

request of the Panel, the head of any department or agency of the United States may detail any of the personnel of such agency to

the Panel to assist the Panel in its duties

under this part.

SEC. 2258. TERMINATION OF PANEL.

The Panel shall terminate upon the completion of its work, but not later than August 1, 1996.

SEC. 2259. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to

carry out this part $2,000,000 for fiscal year

1996. Such sum shall remain available until

expended.

PART 2—DUTIES OF BOARD OF EDUCATION WITH RESPECT TO CORE CURRICULUM, ASSESSMENTS, AND PROMOTION GATES

SEC. 2261. DEVELOPMENT OF CORE CURRICULUM

AND DISTRICT-WIDE ASSESSMENTS.

(a) IN GENERAL.—If the Board of Education

does not approve both the core curriculum

and the district-wide assessments recommended by the Panel under section 2252,

the Superintendent shall develop or select,

with the approval of the Board of Education,

an alternative curriculum and alternative

district-wide assessments that satisfy the requirements of paragraphs (1) and (2) of subsection (a), and subsection (b), of such section, except that the reference to the Panel

in section 2252(b) shall be considered a reference to the Superintendent.

(b) DEADLINE.—If the Board of Education

does not approve both the core curriculum

and the district-wide assessments recommended by the Panel under section 2252,

the Superintendent shall meet the requirements of subsection (a) not later than August 1, 1996.

SEC. 2262. ASSESSMENTS.

(a) ADMINISTRATION OF ASSESSMENTS.—The

Superintendent shall administer the assessments developed or selected under section

2252 or 2261 to students enrolled in the District of Columbia public schools and public

charter schools on an annual basis.

(b) DISSEMINATION OF INFORMATION.—

(1) IN GENERAL.—Except as provided by

paragraph (2), the information derived from

the assessments administered under subsection (a) shall be made available, on an annual basis, to the appropriate congressional

committees, the District of Columbia Council, the Mayor, parents, and other members

of the public.

(2) LIMITATION.—To release any such information, the Superintendent shall comply

with the requirements of section 444 of the

General Education Provisions Act (20 U.S.C

1232g).

SEC. 2263. PROMOTION GATES.

(a) KINDERGARTEN THROUGH 4TH GRADE.—

Not later than August 1, 1996, the Superintendent shall establish and implement promotion gates with respect to not less than

one grade level from kindergarten through

and including the 4th grade.

(b) 5TH THROUGH 8TH GRADES.—Not later

than August 1, 1997, the Superintendent shall

establish and implement promotion gates

with respect to not less than one grade level

from the 5th grade through and including the

8th grade.

(c) 9TH THROUGH 12TH GRADES.—Not later

than August 1, 1998, the Superintendent shall

establish and implement promotion gates

with respect to not less than one grade level

from the 9th grade through and including the

12th grade.

(d) INTERIM DEADLINE.—Not later than February 1, 1996, the Superintendent shall designate the grade levels with respect to which

promotion gates will be established and implemented.

Subtitle E—Per Capita District of Columbia

Public School and Public Charter School

Funding

SEC. 2301. ANNUAL BUDGETS FOR SCHOOLS.

(a) IN GENERAL.—For fiscal year 1997 and

for each subsequent fiscal year, the Mayor

shall make annual payments from the general fund of the District of Columbia in accordance with the formula established under

subsection (b).

(b) FORMULA.—

(1) IN GENERAL.—The Mayor and the District of Columbia Council, in consultation

with the Board of Education and the Superintendent, shall establish a formula which

determines the amount—
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(A) of the annual payment to the Board of

Education for the operating expenses of the

District of Columbia public schools, which

for purposes of this paragraph includes the

operating expenses of the Board of Education

and the Office of the Superintendent; and

(B) of the annual payment to each public

charter school for the operating expenses of

each such public charter school established

in accordance with subtitle B.

(2) FORMULA CALCULATION.—Except as provided in paragraph (3), the amount of the annual payment under paragraph (1) shall be

calculated by multiplying a uniform dollar

amount used in the formula established

under such paragraph by—

(A) the number of students calculated

under section 2302 that are enrolled at District of Columbia public schools, in the case

of the payment under paragraph (1)(A); or

(B) the number of students calculated

under section 2302 that are enrolled at each

public charter school, in the case of a payment under paragraph (1)(B).

(3) EXCEPTION.—Notwithstanding paragraph (2), the Mayor and the District of Columbia Council, in consultation with the

Board of Education and the Superintendent,

may adjust the formula—

(A) to increase or decrease the amount of

the annual payment to the District of Columbia public schools or each public charter

school based on a calculation of—

(i) the number of students served by such

schools in certain grade levels; and

(ii) the cost of educating students at such

certain grade levels; and

(B) to increase the amount of the annual

payment if the District of Columbia public

schools or each public charter school serve a

high number of students with special needs

(as such term is defined under paragraph (4)).

(4) DEFINITION.—The Mayor and the District of Columbia Council shall develop a definition of the term ‘‘students with special

needs’’ for purposes of carrying out this

title.

SEC. 2302. CALCULATION OF NUMBER OF STUDENTS.

(a) SCHOOL REPORTING REQUIREMENT.—

(1) IN GENERAL.—Not later than September

15 of each year, beginning in fiscal year 1997,

each District of Columbia public school and

public charter school shall submit a report

to the Mayor, District of Columbia Council,

Board of Education, the Authority, and the

eligible chartering authority that approved

its charter, containing the information described in subsection (b).

(2) SPECIAL RULE.—Not later than April 1 of

each year, beginning in 1997, each public

charter school shall submit a report in the

same form and manner as described in paragraph (1) to ensure accurate payment under

section 2303(a)(2)(B)(ii).

(b) CALCULATION OF NUMBER OF STUDENTS.—Not later than 30 days after the date

of the enactment of this Act, and not later

than October 15 of each year thereafter, the

Board of Education shall calculate the following:

(1) The number of students, including nonresident students, enrolled in kindergarten

through grade 12 of the District of Columbia

public schools and in public charter schools

established in accordance with this title and

the number of students whose tuition for enrollment in other schools is paid for by funds

available to the District of Columbia public

schools.

(2) The amount of fees and tuition assessed

and collected from the nonresident students

described in paragraph (1).

(3) The number of students, including nonresident students, enrolled in pre-school and

pre-kindergarten in the District of Columbia

public schools and in public charter schools

established in accordance with this title.

(4) The amount of fees and tuition assessed

and collected from the nonresident students

described in paragraph (3).

(5) The number of full time equivalent

adult students enrolled in adult, community,

continuing, and vocational education programs in the District of Columbia public

schools and in public charter schools established in accordance with this title.

(6) The amount of fees and tuition assessed

and collected from resident and nonresident

adult students described in paragraph (5).

(7) The number of students, including nonresident students, enrolled in non-grade level

programs in District of Columbia public

schools and in public charter schools established in accordance with this title.

(8) The amount of fees and tuition assessed

and collected from nonresident students described in paragraph (7).

(c) ANNUAL REPORTS.—Not later than 30

days after the date of the enactment of this

Act, and not later than October 15 of each

year thereafter, the Board of Education shall

prepare and submit to the Authority, the

Mayor, the District of Columbia Council, the

Comptroller General of the United States,

and the appropriate congressional committees a report containing a summary of the

most recent calculations made under subsection (b).

(d) AUDIT OF INITIAL CALCULATIONS.—

(1) IN GENERAL.—The Comptroller General

of the United States shall conduct an audit

of the initial calculations described in subsection (b).

(2) CONDUCT OF AUDIT.—In conducting the

audit, the Comptroller General of the United

States—

(A) shall provide an opinion as to the accuracy of the information contained in the report described in subsection (b); and

(B) shall identify any material weaknesses

in the systems, procedures, or methodology

used by the Board of Education—

(i) in determining the number of students,

including nonresident students, enrolled in

the District of Columbia public schools and

in public charter schools established in accordance with this title and the number of

students whose tuition for enrollment in

other school systems is paid for by

fundsavailable to the District of Columbia

public schools; and

(ii) in assessing and collecting fees and tuition from nonresident students.

(3) SUBMISSION OF AUDIT.—Not later than 45

days after the date on which the Comptroller

General of the United States receives the initial annual report from the Board of Education under subsection (c), the Comptroller

General shall submit to the Authority, the

Mayor, the District of Columbia Council, and

the appropriate congressional committees

the audit conducted under this subsection.

(4) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated to

the Comptroller General of the United States

$75,000 for fiscal year 1996 for the purpose of

carrying out this subsection.

SEC. 2303. PAYMENTS TO PUBLIC CHARTER

SCHOOLS.

(a) IN GENERAL.—

(1) ESCROW FOR PUBLIC CHARTER SCHOOLS.—

Except as provided in subsection (b), for any

fiscal year, not later than 10 days after the

date of enactment of the District of Columbia Appropriations Act for such fiscal year,

the Mayor shall place in escrow an amount

equal to the aggregate of the amounts determined under section 2301(b)(1)(B) for use only

by District of Columbia public charter

schools.

(2) TRANSFER OF ESCROW FUNDS.—

(A) 1997 INITIAL PAYMENT.—Beginning in

1997, not later than October 15 of each year,

the Mayor shall transfer, by electronic funds

transfer, an amount equal to 75 percent of

the amount of the annual payment for a public charter school determined by using the

formula established pursuant to section

2301(b) to a bank designated by each public

charter school.

(B) 1997 FINAL PAYMENT.—

(i) Except as provided in clause (ii), not

later than May 1 of each year beginning in

1997, the Mayor shall transfer the remainder

of the annual payment for a public charter

school in the same manner as the initial payment was made under subparagraph (A).

(ii) Beginning in 1997, not later than March

15, if the enrollment number of a public charter school has changed from the number reported to the Mayor, District of Columbia

Council, Board of Education, the Authority,

and the eligible chartering authority that

approved its charter as required under section 2302(a)(2), the Mayor shall increase the

payment in an amount equal to 50 percent of

the amount provided for each student who

has enrolled without another student withdrawing or dropping out, or shall reduce the

payment in an amount equal to 50 percent of

the amount provided for each student who

has withdrawn or dropped out of school without another student replacement.

(C) PRO RATA REDUCTION OR INCREASE IN

PAYMENTS.—

(i) If the funds made available to the District of Columbia public schools for any fiscal year are insufficient to pay the full

amount that each school is eligible to receive under this subtitle for such year, the

Mayor shall ratably reduce such amounts for

such year.

(ii) If additional funds become available for

making payments under this subtitle for

such fiscal year, amounts that were reduced

under subparagraph (A) shall be increased on

the same basis as such amounts were reduced.

(D) UNEXPENDED FUNDS.—Any funds that

remain in the escrow account for public

charter schools on September 30 of a fiscal

year shall revert to the general fund of the

District of Columbia.

(b) EXCEPTION FOR NEW SCHOOLS.—

(1) AUTHORIZATION.—There are authorized

to be appropriated $200,000 for any fiscal year

for the purpose of carrying out this subsection.

(2) DISBURSEMENT TO MAYOR.—The Secretary of the Treasury shall make available

and disburse to the Mayor, not later than

August 1 of each of the years 1996 through

2000, such funds as have been appropriated

under paragraph (1).

(3) ESCROW.—The Mayor shall place in escrow, for use by public charter schools, any

sum disbursed under paragraph (2) that has

not yet been paid under paragraph (4).

(4) PAYMENTS TO SCHOOLS.—The Mayor

shall pay to public charter schools described

in paragraph (5), in accordance with this subsection, any sum disbursed under paragraph

(2).

(5) SCHOOLS DESCRIBED.—The schools referred to in paragraph (4) are public charter

schools that—

(A) did not operate as public charter

schools during any portion of the fiscal year

preceding the fiscal year for which funds are

authorized to be appropriated under paragraph (1); and

(B) operated as public charter schools during the fiscal year for which funds are authorized to be appropriated under paragraph

(1).

(6) FORMULA.—

(A) 1996.—The amount of the payment to a

public charter school described in paragraph

(5) that begins operation in fiscal year 1996

shall be calculated by multiplying $6,300 by

1⁄12 of the total anticipated enrollment as set

forth in the petition to establish the public

charter school; and
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(B) 1997 THROUGH 2000.—The amount of the

payment to a public charter school described

in paragraph (5) that begins operation in any

of fiscal years 1997 through 2000 shall be calculated by multiplying the uniform dollar

amount used in the formula established

under 2301(b) by 1⁄12 of the total anticipated

enrollment as set forth in the petition to establish the public charter school.

(7) PAYMENT TO SCHOOLS.—

(A) TRANSFER.—On September 1 of each of

the years 1996 through 2000, the Mayor shall

transfer, by electronic funds transfer, the

amount determined under paragraph (6) for

each public charter school from the escrow

account established under subsection (a) to a

bank designated by each such school.

(B) PRO RATA AND REMAINING FUNDS.—Subparagraphs (C) and (D) of subsection (a)(2)

shall apply to payments made under this

subsection.

Subtitle F—School Facilities Repair and

Improvement

PART 1—SCHOOL FACILITIES

SEC. 2351. AGREEMENT FOR TECHNICAL ASSISTANCE.

(a) IN GENERAL.—Not later than December

31, 1995, the Administrator of the General

Services Administration and the Superintendent shall enter into a Memorandum of

Agreement or Understanding (referred to in

this subtitle as the ‘‘Agreement’’) authorizing, to the extent provided in this subtitle,

the Administrator to provide technical assistance to the District of Columbia public

schools regarding school facilities repair and

improvements, including contracting for and

supervising the repair and improvements of

such facilities and the coordination of such

efforts.

(b) AGREEMENT PROVISIONS.—The Agreement shall include the following:

(1) GENERAL AUTHORITY.—Provisions that

give the Administrator authority—

(A) to supervise and direct District of Columbia public school personnel responsible

for public school facilities repair and improvements;

(B) to develop, coordinate and implement a

systemic and comprehensive facilities revitalization program, taking into account the

‘‘Preliminary Facilities Master Plan 2005’’

(prepared by the Superintendent’s Task

Force on Education Infrastructure for the

21st Century) to repair and improve District

of Columbia public school facilities, including a list of facilities and renovation schedule that prioritizes facilities to be repaired

and improved;

(C) to accept private goods and services for

use by District of Columbia public schools,

in consultation with the nonprofit corporation referred to in section 2603;

(D) to recommend specific repair and improvement projects in District of Columbia

public school facilities by members and units

of the National Guard and military reserve,

consistent with section 2351(b)(1)(B); and

(E) to access all District of Columbia public school facilities and any records or documents regarding such facilities.

(2) COOPERATION.—Assurances by the Administrator and the Superintendent to cooperate with each other, and with the nonprofit corporation referred to in section 2603,

in any way necessary, to ensure implementation of the Agreement.

(c) DURATION OF AGREEMENT.—The Agreement shall remain in effect until the agency

designated pursuant to section 2352(a)(2) assumes responsibility for the District of Columbia public school facilities but shall terminate not later than 24 months after the

date that the Agreement is signed, whichever is earlier.

SEC. 2352. FACILITIES REVITALIZATION PROGRAM.

(a) PROGRAM.—Not later than 24 months

after the date that the Agreement is signed,

the Mayor and the District of Columbia

Council shall—

(1) in consultation with the Administrator,

the Authority, the Board of Education, and

the Superintendent, design and implement a

facilities repair, maintenance, improvement,

and management program; and

(2) designate a new or existing agency or

authority to administer such program to repair, improve, and maintain the physical

condition and safety of District of Columbia

public school facilities.

(b) PROCEEDS.—Such management program

shall include provisions that—

(1) identify short-term funding for capital

and maintenance of such facilities, which

may include retaining proceeds from the sale

or lease of a District of Columbia public

school facility; and

(2) identify and designate long-term funding for capital and maintenance of such facilities.

(c) IMPLEMENTATION.—Upon implementation of such program, the agency or authority created or designated pursuant to subsection (a)(2) shall assume authority and responsibility for repair, maintenance, improvement, and management of District of

Columbia public schools.

SEC. 2353. DEFINITIONS.

For purposes of this subtitle, the following

terms have the following meanings:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the General Services Administration.

(2) FACILITIES.—The term ‘‘facilities’’

means buildings, structures, and real property.

SEC. 2354. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for

each of fiscal years 1996 and 1997, $2,000,000 to

the District of Columbia public schools for

use by the Administrator to carry out this

subtitle.

PART 2—WAIVERS

SEC. 2361. WAIVERS.

(a) IN GENERAL.—All District of Columbia

fees, all requirements found in the document

‘‘The District of Columbia Public Schools

Standard Contract Provisions’’ published by

the District of Columbia public schools for

use with construction maintenance projects,

shall be waived, for purposes of repair and

improvement of the District of Columbia

public schools for a period of 24 months after

the date of enactment of this Act.

(b) LIMITATION.—

(1) WAIVER APPLICATION.—A waiver under

subsection (a) shall apply only to contractors, subcontractors, and any other groups,

entities, or individuals who donate materials

and services to the District of Columbia public schools.

(2) INSURANCE REQUIREMENTS.—Nothing in

this section shall be construed to waive the

requirements for a contractor to maintain

adequate insurance coverage.

SEC. 2362. APPLICATION FOR PERMITS.

An application for a permit during the 24-

month period described in section 2311(a), required by the District of Columbia government for the repair or improvement of a District of Columbia public school shall be

acted upon not later than 20 days after receipt of the application by the respective

District of Columbia permitting authorities.

Subtitle G—Department of Education ‘‘D.C.

Desk’’

SEC. 2401. ESTABLISHMENT.

There shall be established within the Office

of the Secretary of the Department of Education a District of Columbia Technical Assistance Office (in this subtitle referred to as

the ‘‘D.C. Desk’’).

SEC. 2402. DIRECTOR FOR DISTRICT OF COLUMBIA COORDINATED TECHNICAL ASSISTANCE.

The D.C. Desk shall be administered by a

Director for District of Columbia Coordinated Technical Assistance. The Director

shall be appointed by the Secretary and shall

not be paid at a rate that exceeds the maximum rate of basic pay payable for GS–15 of

the General Schedule.

SEC. 2403. DUTIES.

The Director of the D.C. Desk shall—

(1) coordinate with the Superintendent a

comprehensive technical assistance strategy

by the Department of Education that supports the District of Columbia public schools

first year reforms and long-term plan described in section 2101;

(2) identify all Federal grants for which the

District of Columbia public schools are eligible to apply to support implementation of its

long term plan;

(3) identify private and public resources

available to the District of Columbia public

schools that are consistent with the longterm plan described in section 2101; and

(4) provide additional technical assistance

as assigned by the Secretary which supports

reform in the District of Columbia public

schools.

Subtitle H—Residential School

SEC. 2451. PLAN.

(a) IN GENERAL.—The Superintendent may

develop a plan to establish a residential

school for the 1997–1998 school year.

(b) REQUIREMENTS.—If developed, the plan

for the residential school shall include, at a

minimum—

(1) options for the location of the school,

including renovation or building of a new facility;

(2) financial plans for the facility, including annual costs to operate the school, capital expenditures required to open the facility, maintenance of facilities, and staffing

costs; and

(3) staff development and training plans.

SEC. 2452. USE OF FUNDS.

Funds under this subtitle shall be used

for—

(1) planning requirements as described in

section 2451; and

(2) capital costs associated with the startup of a residential school, including the purchase of real and personal property and the

renovation of existing facilities.

SEC. 2453. FUTURE FUNDING.

The Superintendent shall identify, not

later than December 31, 1996, in a report to

the Mayor, City Council, the Authority, the

Appropriations Committees of the House of

Representatives and the Senate, the House

Governmental Reform Committee, the House

Economic and Educational Opportunities

Committee, and the Senate Labor and

Human Resources Committee and the Governmental Affairs Committee, non-Federal

funding sources for operation of the residential school.

SEC. 2454. GIFTS.

The Superintendent may accept donations

of money, property, and personal services for

purposes of the establishment and operation

of a residential school.

SEC. 2455. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to

the District $2,000,000 for fiscal year 1996 to

carry out this subtitle for initial start-up expenses of a residential school in the District

of Columbia, of which not more than $100,000

may be used to carry out section 2451.

Subtitle I—Progress Reports and

Accountability

SEC. 2501. DISTRICT OF COLUMBIA COUNCIL REPORT.

Not later than 60 days after the date of the

enactment of this Act, the Chairman of the
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District of Columbia Council shall submit to

the appropriate congressional committees a

report describing legislative and other actions the District of Columbia Council has

taken or will take to facilitate the implementation of the reforms described in section 2502.

SEC. 2502. SUPERINTENDENT’S REPORT ON REFORMS.

Not later than August 1, 1996, the Superintendent shall submit to the appropriate

congressional committees, the Board of Education, the Mayor, and the District of Columbia Council a progress report that includes the following:

(1) The status of the approval by the Board

of Education of the core curriculum—

(A) recommended by the Panel under section 2252(a)(1); or

(B) selected or developed by the Superintendent under section 2261.

(2) The status of the approval by the Board

of Education of the district-wide assessments

for measuring student achievement—

(A) recommended by the Panel under section 2252(a)(2); or

(B) selected or developed by the Superintendent under section 2261.

(3) The status of the establishment and implementation of promotion gates under section 2263.

(4) Identification of strategies to assist

students who do not meet promotion gate

criteria.

(5) The status of the implementation of a

policy that provides rewards and sanctions

for individual schools based on student performance on district-wide assessments.

(6) A description of the activities carried

out under the program established under section 2604(e).

(7) The status of implementation by the

Board of Education, after consultation with

the Superintendent and unions (including

unions that represent teachers and unions

that represent principals) of a policy for performance-based evaluation of principals and

teachers.

(8) A description of how the private sector

partnership described in subtitle K is working collaboratively with the Board of Education and the Superintendent.

(9) The status of implementation of policies developed by the Superintendent and the

Board of Education that establish incentive

pay awards for staff of District of Columbia

public schools who meet annual performance

goals based on district-wide assessments at

individual schools.

(10) A description of how staffing decisions

have been revised to delegate staffing to individual schools and transfer additional decisionmaking with respect to budgeting to the

individual school level.

(11) A description of, and the status of implementation of, policies adopted by the

Board of Education that require competitive

appointments for all positions.

(12) The status of implementation of policies regarding alternative teacher certification requirements.

(13) The status of implementation of testing requirements for teacher licensing renewal.

(14) The status of efforts to increase the involvement of families in the education of

students, including—

(A) the development of family resource

centers;

(B) the expansion of Even Start programs

described in part B of chapter 1 of title I of

the Elementary and Secondary Education

Act of 1965; and

(C) the development and implementation

of policies to increase parental involvement

in education.

(15) A description of, and the status of implementation of, a policy to allow District of

Columbia public schools to be used after

school hours as community centers, including the establishment of at least one prototype pilot project in one school.

(16) A description of, and the status of implementation of, a policy to increase the participation of tutors and mentors for students, beginning not later than the 8th

grade.

(17) A description of the status of implementation of the agreement with the Administrator of the General Services Administration under part 1 of subtitle E.

(18) A description of the status of the District of Columbia public school central office

budget and staffing reductions from the level

at the end of fiscal year 1995 and a review of

the market-based provision of services provided by the central office to schools.

(19) The development by the Superintendent of a system of parental choice

among District of Columbia public schools

where per pupil funding follows the student

(‘‘Public School Vouchers’’) and adoption by

the Board of Education.

(20) The status of the processing of public

charter school petitions submitted to the

Board of Education in accordance with subtitle B.

(21) The status of the revision and implementation by the Board of Education of the

discipline policy for the District of Columbia

public schools in order to ensure a safe, disciplined environment conducive to learning.

Subtitle J—Low-Income Scholarships

SEC. 2551. DISTRICT OF COLUMBIA SCHOLARSHIP

CORPORATION.

(a) GENERAL REQUIREMENTS.—

(1) IN GENERAL.—There is authorized to be

established a private, nonprofit corporation,

to be known as the ‘‘District of Columbia

Scholarship Corporation’’ (referred to in this

subtitle as the ‘‘Corporation’’), which is not

an agency or establishment of the United

States Government.

(2) DUTIES.—The Corporation shall have

the responsibility and authority to administer, publicize, and evaluate the District of

Columbia Scholarship Program, and to determine student and school eligibility.

(3) CONSULTATION.—The Corporation shall

exercise its authority in a manner consistent

with maximizing educational choices and opportunities for the maximum number of interested families, and in consultation with

other school scholarship programs in the

District of Columbia.

(4) APPLICATION OF PROVISIONS.—The Corporation shall be subject to the provisions of

this Act, and, to the extent consistent with

this section, to the District of Columbia

Nonprofit Corporation Act (D.C. Code, 29–501

et seq.).

(5) RESIDENCE.—The Corporation shall have

its place of business in the District of Columbia and shall be considered, for purposes of

venue in civil actions, to be a resident thereof.

(b) ORGANIZATION AND MANAGEMENT, BOARD

OF DIRECTORS.—

(1) MEMBERSHIP.—

(A) IN GENERAL.—The Corporation shall

have a Board of Directors (referred to in this

subtitle as the ‘‘Board’’), comprised of 7

members with 6 members of the Board appointed by the President not later than 30

days after receipt of nominations from the

Speaker of the House of Representatives and

the majority leader of the Senate.

(B) HOUSE NOMINATIONS.—The President

shall appoint 3 of the members from a list of

9 individuals nominated by the Speaker of

the House of Representatives in consultation

with the minority leader of the House of

Representatives.

(C) SENATE NOMINATIONS.—The President

shall appoint 3 members from a list of 9 individuals nominated by the majority leader of

the Senate in consultation with the minority

leader of the Senate.

(D) DEADLINE.—The Speaker of the House

of Representatives and majority leader of

the Senate shall submit their nominations to

the President not later than 30 days after the

date of the enactment of this Act.

(E) APPOINTEE OF MAYOR.—The Mayor shall

appoint 1 member not later than 60 days

after the date of the enactment of this Act.

(F) POSSIBLE INTERIM MEMBERS.—If the

President does not appoint the 6 members of

the Board in the 30-day period described in

subparagraph (A), the nominees of the

Speaker of the House of Representatives and

of the Senate, together with the appointee of

the Mayor, shall serve as an interim Board of

Directors with all the powers and other duties of the Board described in this subtitle,

until the President makes the appointments

as described in this subsection.

(2) POWERS.—All powers of the Corporation

shall vest in and be exercised under the authority of its Board of Directors.

(3) ELECTIONS.—Members of the Board annually shall elect 1 of the members to be

chairperson.

(4) RESIDENCY.—All members appointed to

the Board must be residents of the District

of Columbia at the time of appointment and

while serving on the Board.

(5) NONEMPLOYEE.—No member of the

Board may be an employee of the United

States Government or the District of Columbia government when appointed or during

tenure on the Board, unless the individual is

on a leave of absence from such a position

while serving on the Board.

(6) INCORPORATION.—The members of the

initial Board of Directors shall serve as

incorporators and shall take whatever steps

are necessary to establish the Corporation

under the District of Columbia Nonprofit

Corporation Act (D.C. Code 29–501 et seq.).

(7) GENERAL TERM.—The term of office of

each member shall be 5 years, except that

any member appointed to fill a vacancy occurring prior to the expiration of the term

for which the predecessor was appointed

shall be appointed for the remainder of such

term.

(8) CONSECUTIVE TERM.—No member of the

Board shall be eligible to serve in excess of 2

consecutive terms of 5 years each. A partial

term shall be considered as 1 full term. Any

vacancy on the Board shall not affect its

power, but shall be filled in a manner consistent with this subtitle.

(9) NO BENEFIT.—No part of the income or

assets of the Corporation shall inure to the

benefit of any Director, officer, or employee

except as salary or reasonable compensation

for services.

(10) POLITICAL ACTIVITY.—The Corporation

may not contribute to or otherwise support

any political party or candidate for elective

public office.

(11) NO OFFICERS.—The members of the

Board shall not, by reason of such membership, be considered to be officers or employees of the United States.

(12) STIPENDS.—The members of the Board,

while attending meetings of the Board or

while engaged in duties related to such meetings or other activities of the Board pursuant to this subtitle, shall be entitled to a stipend. Such stipend shall be at the rate of

$150 per day for which the Board member has

been officially recorded as having worked,

except that no member may be paid a total

stipend amount in any calendar year in excess of $5,000.

(c) OFFICERS AND STAFF.—

(1) EXECUTIVE DIRECTOR.—The Corporation

shall have an Executive Director, and such

other staff, as may be appointed by the

Board for terms and at rates of compensation to be fixed by the Board.
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1995 T139.13

(2) ANNUAL RATE.—No staff of the Corporation may be compensated by the Corporation

at an annual rate of pay which exceeds the

basic rate of pay in effect from time to time

for level IV of the Executive Schedule under

section 5312 of title 5, United States Code.

(3) CITIZENSHIP.—No individual other than

a citizen of the United States may be a member of the Board of Directors, or staff of the

Corporation.

(4) SERVICE.—All officers and employees

shall serve at the pleasure of the Board.

(5) QUALIFICATION.—No political test or

qualification may be used in selecting, appointing, promoting, or taking other personnel actions with respect to officers,

agents, or employees of the Corporation.

(d) POWERS OF THE CORPORATION.—

(1) GENERALLY.—The Corporation is authorized to obtain grants from, and make

contracts with, individuals and with private,

State, and Federal agencies, organizations,

and institutions.

(2) HIRING AUTHORITY.—The Corporation

may hire, or accept the voluntary services

of, consultants, experts, advisory boards, and

panels to aid the Corporation in carrying out

the purposes of this subtitle.

(e) FINANCIAL MANAGEMENT AND RECORDS.—

(1) AUDITS.—The accounts of the Corporation shall be audited annually in accordance

with generally accepted auditing standards

by independent certified public accountants.

The audits shall be conducted at the place

where the accounts of the Corporation are

normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in

use by the Corporation and necessary to facilitate the audits shall be made available to

the person conducting the audit.

(2) REPORT.—The report by each such independent audit shall be included in the annual

report to Congress required by section 2602.

SEC. 2552. FUNDING.

(a) FUND.—There is hereby established in

the Treasury a fund that shall be known as

the District of Columbia Scholarship Fund,

to be administered by the Secretary of the

Treasury.

(b) DISBURSEMENT.—The Secretary of the

Treasury shall make available and disburse

to the corporation, at the beginning of each

of fiscal years 1996 through 2000, such funds

as have been appropriated to the District of

Columbia Scholarship Fund for the fiscal

year in which such disbursement is to be

made.

(c) AVAILABILITY.—Funds authorized to be

appropriated under this subtitle shall remain

available until expended.

(d) USES.—Funds authorized to be appropriated under this subtitle shall be used by

the Corporation in a prudent and financially

responsible manner, solely for scholarships,

contracts, and administrative costs.

(e) AUTHORIZATION.—

(1) IN GENERAL.—There are authorized to be

appropriated to the Fund—

(A) $5,000,000 for fiscal year 1996; and

(B) $7,000,000 for fiscal year 1997, and

$10,000,000 for each of fiscal years 1998

through 2000.

(2) LIMITATION.—Not more than $500,000

may be used in any fiscal year by the Corporation for any purpose other than assistance to students.

SEC. 2553. SCHOLARSHIPS AUTHORIZED.

(a) IN GENERAL.—The District of Columbia

Scholarship Corporation established under

section 2501 is authorized in accordance with

this subtitle to award scholarships to students in grades K–12—

(1) who are District of Columbia residents;

and

(2) whose families are at or below 185 percent of the Federal poverty guidelines updated annually in the Federal Register by

the Department of Health and Human Services under authority of section 673(2) of the

Omnibus Budget Reconciliation Act of 1981.

(b) USE OF SCHOLARSHIP.—A scholarship

may be used only for—

(1) the cost of the tuition of a private or

independent school located within the geographic boundaries of the District of Columbia or the cost of the tuition of public, private, or independent school located within

Montgomery County, Maryland; Prince

Georges County, Maryland; Arlington County, Virginia; Alexandria City, Virginia; Falls

Church City, Virginia; or Fairfax County,

Virginia; or

(2) the cost of fees and other expenses for

instructional services provided to students

on school grounds outside of regular school

hours or the cost of transportation for a student enrolled in a District of Columbia public school, public charter school, or independent or private school participating in

the tuition scholarship program.

(c) NOT SCHOOL AID.—A scholarship shall

be considered assistance to the student and

shall not be considered assistance to the

school.

SEC. 2554. ELIGIBILITY.

(a) IN GENERAL.—A student who is entitled

to receive a public school education in the

District of Columbia and who meets the requirements of section 2553(a) is eligible for a

scholarship under subsections (c) and (d) of

section 2555.

(b) PRIORITY IN YEAR ONE.—In fiscal year

1996, priority shall be given to students currently enrolled in a District of Columbia

public school or preparing to enter kindergarten in 1996.

(c) SUBSEQUENT PRIORITY.—In subsequent

fiscal years, priority shall be given to scholarship recipients from the preceding year.

SEC. 2555. SCHOLARSHIPS.

(a) AWARDS.—From the funds made available under this subtitle, the Corporation

shall award scholarships and make payments, on behalf of the student, to participating schools as described in section 2559.

(b) NOTIFICATION.—Each school that enrolls

scholarship students shall notify the

Corporation—

(A) not later than 10 days after the date

that a student is enrolled, of the names, addresses, and grade level of each scholarship

student to the Corporation; and

(B) not later than 10 days after the date of

the withdrawal of any scholarship student.

(c) TUITION SCHOLARSHIP AMOUNT.—

(1) BELOW POVERTY LEVEL.—For a student

whose family income is at or below the poverty level, a tuition scholarship amount may

not exceed the lesser of—

(A) the cost of a school’s tuition; or

(B) $3,000 in 1996 with such amount adjusted in proportion to changes in the Consumer Price Index of all urban consumers

published by the Department of Labor for

each of fiscal years 1997 through 2000.

(2) ABOVE POVERTY LEVEL.—For a student

whose family income is greater than the poverty level, but not more than 185 percent

above the poverty level, a tuition scholarship amount may not exceed the lesser of—

(A) 50 percent of the cost of a school’s tuition; or

(B) $1,500 in 1996 with such amount adjusted in proportion to changes in the Consumer Price Index of all urban consumers

published by the Department of Labor for

each of fiscal years 1997 through 2000.

(d) FEE OR TRANSPORTATION SCHOLARSHIP

AMOUNT.—The fee or transportation scholarship amount may not exceed the lesser of—

(1) fees for instructional services provided

to students on school grounds outside of regular school hours or the costs of transportation for students enrolled in the District of

Columbia public schools, public charter

schools, or independent or private schools

participating in the tuition scholarship program; or

(2) $500 in fiscal year 1996 with such

amount adjusted in proportion to the

changes in the Consumer Price Index of all

urban consumers published by the Department of Labor for each of the fiscal years

1997 through 2000.

(e) PROPORTION OF DIFFERENT TYPES OF

SCHOLARSHIPS.—In each year, the Corporation shall ensure that the number of scholarships awarded for tuition and the number

awarded for fees or transportation shall be

equal, to the extent practicable.

(f) FUNDING SHORTFALL.—If, after the District of Columbia Scholarship Corporation

determines the total number of eligible applicants for an academic year surpasses the

amount of funds available in a fiscal year to

fund all awards for such academic year, a

random selection process shall be used to determine which eligible applicants receive

awards.

(g) EXCEPTION.—Subsection (e) shall not

apply to individuals receiving scholarship

priority described in subsections (b) and (c)

of section 2554.

SEC. 2556. SCHOOL ELIGIBILITY FOR TUITION

SCHOLARSHIPS.

(a) APPLICATION.—A school that desires to

accept tuition scholarship students for a

school year shall file an application with the

Corporation by July 1 of the preceding

school year, except that in fiscal year 1996,

schools shall file such applications by such

date as the Corporation shall designate for

such purpose. In the application, the school

shall—

(1) certify that it has operated during the

current school year with not less than 25 students,

(2) assure that it will comply with all applicable requirements of this subtitle; and

(3) provide the most recent financial audit,

completed not earlier than 3 years before the

date such application is filed, from an independent certified public accountant using

generally accepted auditing standards.

(b) ELIGIBILITY CERTIFICATION.—

(1) IN GENERAL.—Except as provided in

paragraph (3), not later than 60 days after receipt of such information, the Corporation

shall certify the eligibility of a school to

participate in the tuition scholarship program.

(2) CONTINUATION.—Eligibility shall continue in subsequent years unless revoked as

described in subsection (d).

(3) EXCEPTION FOR 1996.—In fiscal year 1996

after receipt of the information described in

subsection (a), the Corporation shall certify

the eligibility of a school to participate in

the tuition scholarship program at the earliest practicable date.

(c) NEW SCHOOLS.—

(1) IN GENERAL.—A school that did not operate in the preceding academic year may

apply for a 1-year provisional certification of

eligibility to participate in the tuition scholarship program for a single school year by

providing to the Corporation not later than

July 1 of the preceding calendar year for

which such school intends to begin

operations—

(A) a list of the organization’s board of directors;

(B) letters of support from not less than 10

members of the community;

(C) a business plan;

(D) intended course of study;

(E) assurances that it will begin operations

with not less than 25 students; and

(F) assurances that it will comply with all

applicable requirements of this subtitle.

(2) CERTIFICATION.—Not later than 60 days

after the date of receipt of the information

referred to in paragraph (1), the Corporation
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shall certify in writing the school’s provisional eligibility for the tuition scholarship

program unless good cause exists to deny

certification.

(3) DENIAL OF CERTIFICATION.—If certification or provisional certification is denied

for participation in the tuition scholarship

program, the Corporation shall provide a

written explanation to the applicant school

of the reasons for such decision.

(d) REVOCATION OF ELIGIBILITY.—

(1) IN GENERAL.—Upon written petition

from the parent of a tuition scholarship student or on the Corporation’s own motion, the

Corporation may, after notice and hearing,

revoke a school’s certification of eligibility

for tuition scholarships for the subsequent

school year for good cause, including a finding of a pattern of violation of program requirements described in section 2557(a).

(2) EXPLANATION.—If the eligibility of a

school is revoked, the Corporation shall provide a written explanation for its decision to

such school.

SEC. 2557. TUITION SCHOLARSHIP PARTICIPATION REQUIREMENTS FOR INDEPENDENT AND PRIVATE SCHOOLS.

(a) INDEPENDENT AND PRIVATE SCHOOL REQUIREMENTS.—Independent and private

schools participating in the tuition scholarship program shall—

(1) not discriminate on the basis of race,

color, or national origin, or on the basis of a

student’s disabilities if the school is

equipped to provide an appropriate education;

(2) abide by all applicable health and safety requirements of the District of Columbia

public schools;

(3) provide to the Corporation not later

than June 30 of each year the most recent financial audit completed not earlier than 3

years before the date the application is filed

from an independent certified public accountant using generally accepted auditing

standards;

(4) abide by all local regulations in effect

for independent or private schools;

(5) provide data to the Corporation as set

forth in section 2562, and conform to tuition

requirements as set forth in section 2555; and

(6) charge tuition scholarship recipients

the same tuition amount as other students

who are residents of the District of Columbia

and enrolled in the same school.

(b) COMPLIANCE.—The Corporation may require documentation of compliance with the

requirements of subsection (a), but neither

the Corporation nor any governmental entity may impose additional requirements upon

independent and private schools as a condition of participation.

(c) WITHDRAWAL FROM PROGRAM.—Schools

may withdraw from the tuition scholarship

program at any time, refunding to the Corporation the proportion of any scholarship

payments already received for the remaining

days in the school year on a pro rata basis.

If a school withdraws during an academic

year, it shall permit scholarship students to

complete the year at their own expense.

SEC. 2558. CHILDREN WITH DISABILITIES.

Nothing in this subtitle shall affect the

rights of students or the obligations of the

District of Columbia public schools under

the Individuals with Disabilities Education

Act.

SEC. 2559. PAYMENTS FOR TUITION SCHOLARSHIPS.

(a) IN GENERAL.—

(1) PROPORTIONAL PAYMENT.—The Corporation shall make tuition scholarship payments to participating schools not later than

October 15 of each year equal to half the

total value of the scholarships awarded to

students enrolled at such school, and half of

such amount not later than January 15 of

the following calendar year.

(2) PRO RATA AMOUNTS FOR STUDENT

WITHDRAWL.—

(A) BEFORE PAYMENT.—If a student withdraws before a tuition scholarship payment

is made, the school shall receive a pro rata

amount based on the school’s tuition for the

number of days the student was enrolled.

(B) AFTER PAYMENT.—If a student withdraws after a tuition scholarship payment is

made, the school shall refund to the Corporation the proportion of any scholarship payments already received for the remaining

days of the school year on a pro rata basis.

Such refund shall occur not later than 30

days after the date of the withdrawal of a

student.

(b) FUND TRANSFERS.—The Corporation

shall make tuition scholarship payments to

participating schools by electronic funds

transfer. If such an arrangement is not available, the school shall submit an alternative

proposal to the Corporation for approval.

SEC. 2560. TUITION SCHOLARSHIP APPLICATION

PROCEDURES.

The Corporation shall implement a schedule and procedures for processing applications for the tuition scholarship program

that includes a list of eligible schools, distribution of information to parents and the

general public, and deadlines for steps in the

application and award process.

SEC. 2561. TUITION SCHOLARSHIP REPORTING

REQUIREMENTS.

(a) IN GENERAL.—A school enrolling tuition

scholarship students shall report not later

than July 30 of each year in a manner prescribed by the Corporation, the following

data:

(1) Standardized test scores, if any, for

scholarship students.

(2) Grade advancement for scholarship students.

(3) Disciplinary actions taken with respect

to scholarship students.

(4) Graduation, college admission test

scores, and college admission rates, if applicable for scholarship students.

(5) Types and amounts of parental involvement required for all families.

(6) Student attendance for scholarship students.

(7) General information on curriculum,

programs, facilities, credentials of personnel,

and disciplinary rules.

(b) CONFIDENTIALITY.—No personal identifiers may be used in the body of such report

except that the Corporation may request

such confidential information solely for the

purpose of verification.

SEC. 2562. FEE OR TRANSPORTATION SCHOLARSHIP PROCEDURES AND CRITERIA.

(a) POLICIES AND PROCEDURES.—The Corporation shall implement policies and procedures and criteria for administering scholarships for use with providers approved by the

Corporation either for the cost of fees for instructional services provided to students on

school grounds outside of regular school

hours or for the costs of transportation for

students enrolled in District of Columbia

public schools, public charter schools, or

independent or private schools participating

in the tuition scholarship program.

(b) INFORMATION DISSEMINATION.—The Corporation shall distribute information describing the policies and procedures and criteria developed pursuant to subsection (a),

using the most efficient and practicable

methods available, to potential applicants

and other interested parties within the geographic boundaries of the District of Columbia.

SEC. 2563. PROGRAM APPRAISAL.

(a) STUDY.—Not later than 4 years after the

date of enactment of this Act, the Corporation shall provide for an evaluation of the

tuition scholarship program, including—

(1) comparison of test scores between tuition scholarship students and District of Columbia public school students of similar

background, including by income level;

(2) comparison of graduation rates between

tuition scholarship students and District of

Columbia public school students of similar

background, including by income level; and

(3) satisfaction of parents of scholarship

students.

(b) REPORT TO CONGRESS.—Not later than

September 1 of each year, the Corporation

shall submit a progress report on the scholarship program to the appropriate congressional committees.

SEC. 2564. JUDICIAL REVIEW.

(a) IN GENERAL.—

(1) JURISDICTION.—The United States District Court for the District of Columbia shall

have jurisdiction over any legal challenges

to the tuition scholarship program and shall

provide expedited review.

(2) PROTECTABLE INTERESTS.—Parents and

children shall be considered to have a separate protectable interest and entitled to intervene as defendants in any such action.

(3) TIMELY REVIEW.—The court shall render

a prompt decision.

(b) APPEALS.—If the tuition scholarship

program or any part thereof is enjoined or

ruled invalid, the decision is directly appealable to the United States Supreme Court.

Subtitle K—Partnerships With Business

SEC. 2601. PURPOSE.

It is the purpose of this title to leverage

private sector funds utilizing initial Federal

investments in order to provide students and

teachers within the District of Columbia

public schools and public charter schools

with access to state-of-the-art educational

technology, to establish a regional job training and employment center, to strengthen

workforce preparation initiatives for students within the District of Columbia public

schools and public charter schools, and to coordinate private sector investments in carrying out this title.

SEC. 2602. DUTIES OF THE SUPERINTENDENT OF

THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS.

Not later than 45 days after the date of the

enactment of this Act, the Superintendent of

the District of Columbia public schools—

(1) shall provide a grant to a private, nonprofit corporation that meets the eligibility

criteria under section 2603 for the purposes of

carrying out the duties under section 2604;

and

(2) shall establish a nonprofit organization

in accordance with the District of Columbia

Nonprofit Corporation Act for the purpose of

carrying out the duties under section 2605.

SEC. 2603. ELIGIBILITY CRITERIA FOR PRIVATE,

NONPROFIT CORPORATION.

A private, nonprofit corporation shall be

eligible to receive a grant under section

2602(1) if the corporation is a national business organization which is incorporated in

the District of Columbia and which—

(1) has a board of directors which includes

members who are also chief executive officers of technology-related corporations involved in education and workforce development issues;

(2) has extensive practical experience with

initiatives that link business resources and

expertise with education and training systems;

(3) has experience in working with State

and local educational entities throughout

the United States on the integration of academic studies with workforce preparation

programs; and

(4) has a nationwide structure through

which additional resources can be leveraged

and innovative practices disseminated.

SEC. 2604. DUTIES OF THE PRIVATE, NONPROFIT

CORPORATION.

(a) DISTRICT EDUCATION AND LEARNING

TECHNOLOGIES ADVANCEMENT COUNCIL.—
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1995 T139.13

(1) ESTABLISHMENT.—The corporation shall

establish a council to be known as the ‘‘District Education and Learning Technologies

Advancement Council’’ or ‘‘DELTA Council’’

(in this title referred to as the ‘‘council’’).

(2) MEMBERSHIP.—

(A) IN GENERAL.—The corporation shall appoint members to the council. An individual

shall be appointed as a member to the council on the basis of the commitment of the individual, or the entity which the individual

is representing, to providing time, energy,

and resources to the council.

(B) COMPENSATION.—Members of the council shall serve without compensation.

(3) DUTIES.—The council—

(A) shall advise the corporation in the duties of the corporation under subsections (b)

through (d) of this section; and

(B) shall assist the corporation in

leveraging private sector resources for the

purpose of carrying out such duties of the

corporation.

(b) ACCESS TO STATE-OF-THE-ART EDUCATIONAL TECHNOLOGY.—

(1) IN GENERAL.—The corporation, in conjunction with the Superintendent, students,

parents, and teachers, shall establish and implement strategies to ensure access to stateof-the-art educational technology within the

District of Columbia public schools and public charter schools established in accordance

with this Act.

(2) TECHNOLOGY ASSESSMENT.—

(A) IN GENERAL.—In establishing and implementing the strategies under paragraph

(1), the corporation, not later than 90 days

after the date of the enactment of this Act,

shall provide for an assessment of the current availability of state-of-the-art educational technology within the District of

Columbia public schools and public charter

schools established in accordance with this

Act.

(B) CONDUCT OF ASSESSMENT.—In providing

for the assessment under subparagraph (A),

the corporation—

(i) shall provide for on-site inspections of

the state-of-the-art educational technology

within a minimum sampling of District of

Columbia public schools and public charter

schools established in accordance with this

Act; and

(ii) shall ensure proper input from students, parents, teachers, and other school officials through the use of focus groups and

other appropriate mechanisms.

(C) RESULTS OF ASSESSMENT.—The corporation shall ensure that the assessment carried

out under this paragraph provides, at a minimum, necessary information on state-ofthe-art educational technology within the

District of Columbia public schools and public charter schools established in accordance

with this Act, including—

(i) the extent to which typical public

schools within the District of Columbia have

access to such state-of-the-art educational

technology and training for such technology;

(ii) how such schools are using such technology;

(iii) the need for additional technology and

the need for infrastructure for the implementation of such additional technology;

(iv) the need for computer hardware, software, training, and funding for such additional technology or infrastructure; and

(v) the potential for computer linkages

among District of Columbia public schools

and public charter schools.

(3) SHORT-TERM TECHNOLOGY PLAN.—

(A) IN GENERAL.—Based upon the results of

the technology assessment under paragraph

(2), the corporation shall develop a 3-year

plan that includes goals, priorities, and

strategies for obtaining the resources necessary to implement strategies to ensure access to state-of-the-art educational technology within the District of Columbia public schools and public charter schools established in accordance with this Act.

(B) IMPLEMENTATION.—The corporation, in

conjunction with schools, students, parents,

and teachers, shall implement the plan developed under subparagraph (A).

(4) LONG-TERM TECHNOLOGY PLAN.—Prior to

the completion of the implementation of the

short-term plan under paragraph (3), the corporation shall develop a plan under which

the corporation will continue to coordinate

the donation of private sector resources for

maintaining the continuous improvement

and upgrading of state-of-the-art educational

technology within the District of Columbia

public schools and public charter schools established in accordance with this Act.

(c) DISTRICT EMPLOYMENT AND LEARNING

CENTER.—

(1) ESTABLISHMENT.—The corporation shall

establish a center to be known as the ‘‘District Employment and Learning Center’’ or

‘‘DEAL Center’’ (in this title referred to as

the ‘‘center’’), which shall serve as a regional

institute providing job training and employment assistance.

(2) DUTIES.—

(A) JOB TRAINING AND EMPLOYMENT ASSISTANCE PROGRAM.—The center shall establish a

program to provide job training and employment assistance in the District of Columbia.

(B) CONDUCT OF PROGRAM.—In carrying out

the program established under subparagraph

(A), the center—

(i) shall provide job training and employment assistance to youths who have attained

the age of 18 but have not attained the age of

26, who are residents of the District of Columbia, and who are in need of such job

training and employment assistance for an

appropriate period not to exceed 2 years;

(ii) shall work to establish partnerships

and enter into agreements with appropriate

governmental agencies of the District of Columbia to serve individuals participating in

appropriate Federal programs, including programs under the Job Training Partnership

Act (29 U.S.C. 1501 et seq.), the Job Opportunities and Basic Skills Training Program

under part F of title IV of the Social Security Act, the Carl D. Perkins Vocational and

Applied Technology Education Act (20 U.S.C.

2301 et seq.), and the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.);

(iii) shall conduct such job training, as appropriate, through a consortia of colleges,

universities, community colleges, and other

appropriate providers in the District of Columbia metropolitan area;

(iv) shall design modular training programs that allow students to enter and leave

the training curricula depending on their opportunities for job assignments with employers; and

(v) shall utilize resources from businesses

to enhance work-based learning opportunities and facilitate access by students to

work-based learning and work-experience

through temporary work assignments with

employers in the District of Columbia metropolitan area.

(C) COMPENSATION.—The center may provide compensation to youths participating in

the program under this paragraph for parttime work assigned in conjunction with

training. Such compensation may include

needs-based payments and reimbursement of

expenses.

(d) WORKFORCE PREPARATION INITIATIVES.—

(1) IN GENERAL.—The corporation shall establish initiatives with the District of Columbia public schools and public charter

schools established in accordance with this

Act, appropriate governmental agencies, and

businesses and other private entities, to facilitate the integration of rigorous academic

studies with workforce preparation programs

in District of Columbia public schools and

public charter schools.

(2) CONDUCT OF INITIATIVES.—In carrying

out the initiatives under paragraph (1), the

corporation shall, at a minimum, actively

develop, expand, and promote the following

programs:

(A) Career academy programs in secondary

schools, as established in certain District of

Columbia public schools, which provide a

‘‘school-within-a-school’’ concept, focusing

on career preparation and the integration of

the academy programs with vocational and

technical curriculum.

(B) Programs carried out in the District of

Columbia that are funded under the Schoolto-Work Opportunities Act of 1994 (20 U.S.C.

6101 et seq.).

(e) PROFESSIONAL DEVELOPMENT PROGRAM

FOR TEACHERS AND ADMINISTRATORS.—

(1) ESTABLISHMENT OF PROGRAM.—The corporation shall establish a consortium consisting of the corporation, teachers, school

administrators, and a consortium of universities located in the District of Columbia (in

existence on the date of the enactment of

this Act) for the purpose of establishing a

program for the professional development of

teachers and school administrators employed by the District of Columbia public

schools and public charter schools established in accordance with this Act.

(2) CONDUCT OF PROGRAM.—In carrying out

the program established under paragraph (1),

the consortium established under such paragraph, in consultation with the World Class

Schools Panel and the Superintendent, shall,

at a minimum, provide for the following:

(A) Professional development for teachers

which is consistent with the model professional development programs for teachers

under section 402(a)(3), or is consistent with

the core curriculum developed by the Superintendent under section 411(a)(1), as the case

may be, except that in fiscal year 1996, such

professional development shall focus on curriculum for elementary grades in reading

and mathematics that have been demonstrated to be effective for students from

low-income backgrounds.

(B) Private sector training of teachers in

the use, application, and operation of stateof-the-art technology in education.

(C) Training for school principals and other

school administrators in effective private

sector management practices for the purpose

of site-based management in the District of

Columbia public schools and training in the

management of public charter schools established in accordance with this Act.

(f) OTHER PRIVATE SECTOR ASSISTANCE AND

COORDINATION.—The corporation shall coordinate private sector involvement and voluntary assistance efforts in support of repairs and improvements to schools in the

District of Columbia, including—

(1) private sector monetary and in-kind

contributions to repair and improve school

building facilities consistent with section

601;

(2) the development of proposals to be considered by the Superintendent for inclusion

in the long-term reform plan to be developed

pursuant to section 101, and other proposals

to be submitted to the Superintendent, the

Board of Education, the Mayor, the District

of Columbia Council, the Authority, the Administrator of the General Services Administration, or the Congress; and

(3) a program of rewards for student accomplishment at participating local businesses.

SEC. 2605. JOBS FOR D.C. GRADUATES PROGRAM.

(a) IN GENERAL.—The nonprofit organization established under section 2602(2) shall

establish a program, to be known as the

‘‘Jobs for D.C. Graduates Program’’, to assist

the District of Columbia public schools and

public charter schools established in accordance with this Act in organizing and imple-
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menting a school-to-work transition system

with a priority on providing assistance to atrisk youths and disadvantaged youths.

(b) CONDUCT OF PROGRAM.—In carrying out

the program established under subsection

(a), the nonprofit organization, consistent

with the policies of the nationally-recognized Jobs for America’s Graduates, Inc.—

(1) shall establish performance standards

for such program;

(2) shall provide ongoing enhancement and

improvements in such program;

(3) shall provide research and reports on

the results of such program; and

(4) shall provide pre-service and in-service

training of all staff.

SEC. 2606. MATCHING FUNDS.

The corporation shall, to the extent practicable, provide funds, an in kind contribution, or a combination thereof, for the purpose of carrying out the duties of the corporation under section 2604, as follows:

(1) For fiscal year 1996, $1 for every $1 of

Federal funds provided under this title for

section 2604.

(2) For fiscal year 1997, $3 for every $1 of

Federal funds provided under this title for

section 2604.

(3) For fiscal year 1998, $5 for every $1 of

Federal funds provided under this title for

section 2604.

SEC. 2607. REPORT.

The corporation shall prepare and submit

to the Congress on a quarterly basis, or, with

respect to fiscal year 1996, on a biannual

basis, a report which shall contain—

(1) the activities the corporation has carried out, including the duties of the corporation described in section 2604, for the 3-

month period ending on the date of the submission of the report, or, with respect to fiscal year 1996, the 6-month period ending on

the date of the submission of the report;

(2) an assessment of the use of funds or

other resources donated to the corporation;

(3) the results of the assessment carried

out under section 2604(b)(2); and

(4) a description of the goals and priorities

of the corporation for the 3-month period beginning on the date of the submission of the

report, or, with respect to fiscal year 1996,

the 6-month period beginning on the date of

the submission of the report.

SEC. 2608. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION.—

(1) DELTA COUNCIL; ACCESS TO STATE-OFTHE-ART EDUCATIONAL TECHNOLOGY; WORKFORCE PREPARATION INITIATIVES; OTHER PRIVATE SECTOR ASSISTANCE AND COORDINATION.—

There are authorized to be appropriated to

carry out subsections (a), (b), (d) and (f) of

section 2604 $1,000,000 for each of the fiscal

years 1996, 1997, and 1998.

(2) DEAL CENTER.—There are authorized to

be appropriated to carry out section 2604(c)

$2,000,000 for each of the fiscal years 1996,

1997, and 1998.

(3) PROFESSIONAL DEVELOPMENT PROGRAM

FOR TEACHERS AND ADMINISTRATORS.—There

are authorized to be appropriated to carry

out section 2604(e) $1,000,000 for each of the

fiscal years 1996, 1997, and 1998.

(4) JOBS FOR D.C. GRADUATES PROGRAM.—

There are authorized to be appropriated to

carry out section 2605—

(A) $2,000,000 for fiscal year 1996; and

(B) $3,000,000 for each of the fiscal years

1997 through 2000.

(b) AVAILABILITY.—Amounts authorized to

be appropriated under subsection (a) are authorized to remain available until expended.

SEC. 2609. TERMINATION OF FEDERAL SUPPORT;

SENSE OF THE CONGRESS RELATING

TO CONTINUATION OF ACTIVITIES.

(a) TERMINATION OF FEDERAL SUPPORT.—

The authority under this title to provide assistance to the corporation or any other entity established pursuant to this title (except for assistance to the nonprofit organization established under section 2602(2) for the

purpose of carrying out section 2605) shall

terminate on October 1, 1998.

(b) SENSE OF THE CONGRESS RELATING TO

CONTINUATION OF ACTIVITIES.—It is the sense

of the Congress that—

(1) the activities of the corporation under

section 2604 should continue to be carried

out after October 1, 1998, with resources

made available from the private sector; and

(2) the corporation should provide oversight and coordination of such activities

after such date.

Subtitle L—Parent Attendance at ParentTeacher Conferences

SEC. 2651. ESTABLISHMENT.

(a) POLICY.—Notwithstanding any other

provision of law, the Mayor of the District of

Columbia is authorized to develop and implement a policy requiring all residents with

children attending a District of Columbia

public school system to attend and participate in at least 1 parent-teacher conference

every 90 days during the school year.

(b) WITHHOLD BENEFITS.—The Mayor is authorized to withhold payment of benefits received under the program under part A of

title IV of the Social Security Act as a condition of participation in these parent-teacher conferences.

SEC. 2652. SUBMISSION OF PLAN.

If the Mayor elects to utilize the powers

granted under section 2651, the Mayor shall

submit to the Secretary of Health and

Human Services a plan for implementation.

The plan shall include—

(1) plans to administer the program;

(2) plans to conduct evaluations on the success or failure of the program;

(3) plans to monitor the participation of

parents;

(4) plans to withhold and reinstate benefits; and

(5) long-term plans for the program.

SEC. 2653. REPORTS TO CONGRESS.

Beginning on October 1, 1996 and each year

thereafter, the District shall annually report

to the Secretary of Health and Human Services and to the Congress on the progress and

results of the program described in section

2651 of this Act.

The CHAIRMAN. Pursuant to the

rule, the gentleman from Wisconsin

[Mr. GUNDERSON] will be recognized for

15 minutes, and a Member opposed will

be recognized for 15 minutes.

The Chair recognizes the gentleman

from Wisconsin [Mr. GUNDERSON].

(Mr. GUNDERSON asked and was

given permission to revise and extend

his remarks.)

Mr. GUNDERSON. Mr. Chairman, I

submit the following for the RECORD.

LEGISLATIVE HISTORY

During the first few months of the 104th

Congress, Speaker Newt Gingrich appointed

Representative Steve Gunderson (R–WI) to

lead an education task force to help establish a world class education system in the

Nation’s capital. As a part of the task force

activities, Representative Gunderson convened numerous meetings with individuals

and interested groups in the District of Columbia, including the office of the Mayor of

the District of Columbia, District of Columbia Delegate Eleanor Holmes Norton, the Superintendent of the District of Columbia

Public Schools, the President of the District

of Columbia Board of Education, Board of

Education members, educators, union members, parent education reform groups, National education reform experts, and many

others.

Additionally, Delegate Eleanor Holmes

Norton, together with Speaker Gingrich,

convened a town meeting at Eastern High

School to hear from District of Columbia

citizens about their concerns with the current education system.

Legislatively, the Subcommittee on Oversight and Investigations of the Economic and

Educational Opportunities Committee held

hearings on the subject of District of Columbia education reform on May 12, 1995, June 8,

1995 and June 27, 1995. Withnesses included,

among others, the President of the Board of

Education, the Superintendent of the District of Columbia Schools, the Committee on

Public Education, Parents United for District of Columbia Public Schools, City Council members William Lightfoot and Kathleen

Patterson, principals of public schools, the

National Urban Coalition, Ted Kolderie of

the Center for Policy Studies, the President

of the Washington Teachers’ Union, the

President of the American Federation of

Teachers, the Education First Coalition, parents, and a representative of the Office of the

Mayor.

The education amendment to the District

of Columbia Appropriations legislation is the

end product of these meetings and hearings.

It represents a balancing of many competing

interests, and is designed to transform the

current education system into one of the

best in the world.

TITLE II—DISTRICT OF COLUMBIA

SCHOOL REFORM

Subtitle A—District of Columbia Reform Plan

Subtitle A of Title II of the bill requires

that the Superintendent of Schools, with approval of the Board of Education, develop a

long term reform plan for the District of Columbia School Public System. This provision

builds on the efforts currently underway by

the District. The long term reform plan outlined in the legislation uses the same philosophy outlined by School Board President

Wilma Harvey and Superintendent Franklin

Smith in the one-year action plan entitled

‘‘Accelerating Education Reform in the District of Columbia: Building on BESST’’ that

was submitted to Rep. Steve Gunderson on

July 13, 1995.

Subtitle A requires that the plan be consistent with the financial plan and budget

for the District of Columbia required by the

District of Columbia Financial Responsibility and Management Assistance Act of

1995 (Public Law 104–8). The legislation requires that the Superintendent consult with

the Board of Education, Mayor, District of

Columbia Council, and the Authority. The

Superintendent is also required to include

the public and any interested groups or organizations in the development of this process—similar to the approach outlined by the

Superintendent in the District of Columbia’s

‘‘Planning Guide for Local School Restructuring Teams’’ report.

The long term report focuses on how the

District of Columbia is preparing to become

a world-class education system and model

for the nation. The legislation asks the District of Columbia to describe how it plans to

accomplish certain goals and objectives. Any

amendments to the plan shall be submitted

by the Superintendent, with the approval of

the Board of Education, to Congress and

must be consistent with section 201 of the

District of Columbia Financial Responsibility and Management Assistance Act of

1995 (Public Law 104–8).

Subtitle B—Public Charter Schools

Subtitle B of this amendment authorizes

the establishment of public charter schools.

On October 23, 1995, the Education and Libraries Committee of the DC Council passed,

by a vote of 4–0, legislation authorizing the

establishment of independent public charter

schools. The DC Council legislation is very

similar to this subtitle. A recommendation
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that either the DC Council or Congress enact

legislation authorizing independent public

charter schools was also included in the reform plan submitted by the Superintendent

and the president of the Board of Education

on July 13, 1995, to Rep. Steve Gunderson.

Public charter schools represent a new

type of public school that maintains the essential elements of public education: public

charter schools are funded by the public, are

open to the public, and are accountable to

the public for results. Public charter schools

are different, however, from traditional public schools in that they are not required to

be managed by a government bureaucracy.

Educators may establish new schools and

have an opportunity to realize their educational vision for what constitutes a quality education. A public charter school may

not charge tuition, except to nonresidents,

and must be open to any student regardless

of aptitude. A school may limit admission to

certain grade-levels and may choose to have

an instructional focus, such as the arts,

science, or advanced technology.

Public charter schools are a key component of a comprehensive reform strategy.

Public charter schools would encourage innovation and entrepreneurialism by educators. They would be free from many of the

burdensome rules and regulations that educators find interferes with their ability to

provide excellence in education. Public charter schools have full control over their dayto-day operations, including budgeting and

personnel, but they must be non-sectarian

and non-profit. Public charter schools may

enter into contracts or leases for any service, but contracts over $10,000 in value must

be reviewed by the District of Columbia Financial Responsibility and Management Assistance Authority.

The amendment also contains safeguards

to ensure that a two-tiered system of public

schools would not result from the creation of

public charter schools. Eligible chartering

authorities are required to give special consideration to petitions to establish public

charter schools that would focus on students

with special needs, such as students with disabilities, disruptive students, or students

who have dropped out. In addition, the new

funding formula for public education described in subtitle E is expected to result in

additional funding for public charter schools

serving students with special needs. As a result, I would expect that quality programs

would be encouraged that would serve such

students, improving equity and raising the

quality of their education.

In order to encourage a diversity of public

charter schools, as well as to encourage

healthy competition, multiple entities must

be permitted to approve charter petitions.

This subtitle designates as eligible chartering authorities the Board of Education

and five public or federally-chartered universities located in the District of Columbia. To

ensure common standards of quality, this

subtitle designates a detailed list of issues

that petitions to establish public charter

schools must address and a uniform procedure for their consideration, regardless of

which eligible chartering authority is reviewing such a petition. Mindful of the fact

that the legislation passed by the DC Council

Education and Libraries Committee also establishes a charter schools commission,

which is not included in this Act, this subtitle allows the DC Council to designate additional entities as eligible chartering authorities.

While this subtitle would designate multiple chartering authorities, a common

framework for accountability is desirable for

public charter schools. Therefore, this subtitle authorityes the Board of Education,

upon the recommendation of the Superintendent, to deny renewal of a public charter school if its students are performing

below average on the assessments to be established pursuant to subtitle D. Parental

choice, informed by a school’s performance

on the common student assessments and

other factors that a parent may deem important, constitutes another important aspect

of accountability. Further, the charter of a

school may be revoked at any time for financial mismanagement or violation of this Act

or other applicable laws.

Within this framework of accountability

for results, public charter schools will provide teachers with an unprecedented degree

of flexibility and professional opportunity.

Public charter schools also offer families a

greater degree of choice, enabling parents to

select the educational environment that best

suites their children’s needs. Because charter

schools are supported through the enrollment-based per capita funding formula described in subtitle E, a public charter school

must satisfy the parents of students enrolled

at the school or it will cease to exist.

Subtitle C—Even Start

The inclusion of Even Start as a part of

the D.C. schools reform package is a reflection of Rep. Bill Goodling’s belief, as well as

my own, in the power of family literacy to

insure positive educational outcomes for

young children. Even Start is based on the

knowledge that children who have parents

who can help and support them in their educational endeavors are more likely to succeed than those who have parents with low

literacy skills and little knowledge on how

to help their children succeed in school.

In the recent national adult literacy survey there were approximately 40 million

adults who scored in the lowest level of the

literacy scale. Twenty percent of the population of this country have been found to

have minimal basic skills. This is a strong

indication that there is a high level of illiteracy in our country. What is of major concern is that many of these individuals are

parents.

As a result, it is difficult to believe that

any effort to increase the likelihood of

school success for young children in the District of Columbia will be completely effective if it does not address the whole family.

What is needed is a comprehensive family

literacy program which, in addition to parent training, raises the literacy skills of participating adults. The Even Start program

meets this criteria.

In order to avoid the duplication of programs serving the District of Columbia, eligibility for the District of Columbia to participate in the basic Even Start Grant program has been eliminated. The current Even

Start law has been amended to provide a separate authorization amount for Even Start

programs in the District of Columbia. Funding for Even Start programs funded under

current law would be maintained under this

new authorization.

Under the provisions of this legislation,

the Department of Education would be responsible for selecting grantees and oversight of Even Start projects in the District

of Columbia. Five percent of available funds

is provided to the Secretary to provide technical assistance to eligible entities, including one or more local nonprofit organizations, to provide technical assistance to eligible entities in the area of community development and coalition building. An additional five percent would be provided to the

National Center for Family Literacy, a recognized authority in this field, for technical

assistance to eligible entities. It is expected

that the National Center for Family Literacy will assist in ensuring that funded

projects are of high quality and provide the

intensity of services necessary for success.

In order to reach those individuals in

greatest need of services and families whose

children are at greatest risk of educational

failure, eligibility for the District of Columbia Even Start Program has been focused on

those individuals eligible to participate in an

adult education program (i.e. those without

a high school diploma or GED or with low

levels of literacy). Parents who are still attending, or who are eligible by age to attend,

a public school in the District of Columbia

are also eligible in order to ensure that they

receive an adequate education and, therefore, are able to assist their children to receive the best possible education. It is recognized that teenage parents are at great risk

at becoming welfare dependents and that

their children often suffer because of their

poor parenting skills and low levels of education. Therefore, it is important to include

this group of young parents in the list of

those eligible for services under this program. However, it is also the intent of this

amendment that these teenage parents receive the educational component of the Even

Start program as part of the regular education program offered in District of Columbia schools. Further, any child of a parent

who meets criteria outlined above and who is

under the age of seven is eligible for services.

Finally, a priority is given to targeting

services to families living in a school attendance area where schools are conducting a

schoolwide program under Title 1 of the Elementary and Secondary Education Act. In

this way, services will be focused on those

families in greatest need.

The most recent report distributed by the

Department of Education indicated that the

average Even Start project did not provide

sufficiently intensive instruction and did not

obtain significantly greater gains when compared to a control group. Approximately 50

percent of the projects had their adults in

adult education for fewer than 9 hours a

month. Many parents participating in Even

Start have very low literacy levels. It takes

between 100 and 150 hours of instruction to

raise an individual one grade level. As a result, 9 hours per month is not going to make

the type of difference in the lives of participants to enable them to become—and remain—their child’s first and most important

teacher. Therefore, the District of Columbia

Even Start initiative requires programs to

be built on the findings of the ‘‘National

Evaluation of the Even Start Family Literacy Programs,’’ including the provision of

intensive services in parent training and

adult literacy or adult education. It is clear

that programs which are of greater intensity

produce superior results. Therefore, it is imperative that only those projects which meet

this requirement participate in the District

of Columbia Even Start program.

In addition, the Chapter 1 Even Start Program is amended through this legislation to

include comparable language on intensity of

services. It is estimated that a quality Even

Start Program requires $225,000 per year to

operate. The District of Columbia Program

authorization level assumes this level of

funding for each program by limiting the

number of projects which can be funded in a

given year. Since this legislation eliminates

funding for the District of Columbia under

the basic Even Start program, the authorization amount for the first year would include

funds for the existing Even Start projects as

well as six new projects. Funding for the remaining years under this authorization

would allow for the addition of six new

projects each year as well as continued funding for the original projects.

Projects are also required to meet the

matching requirements contained in the

basic Even Start law. However, these requirements may be waived, in whole or in

part, should the eligible entity demonstrate

to the satisfaction of the Secretary that
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they will otherwise be unable to participate

in the program.

Due to inclusion of the match provision,

and the possibility that projects will utilize

the entire amount appropriated for this purpose, language has been included which provides for a redistribution of excess funds

among grant recipients which can demonstrate additional need.

Provision is made for an independent evaluation of the District of Columbia Even

Start program in order to determine their effectiveness in providing high quality family

literacy services. This evaluation should be

completed by March 1, 1999, with an interim

report issued by March 1, 1998. The results of

the evaluation are to be used for purposes of

program improvement and for determining

the number of appropriate grants to be

awarded by the Secretary in fiscal year 2000.

Although the amount authorized assumes a

funding level of $225,000 for each project

fund, it may become apparent, after the evaluation, that this amount is higher or lower

than necessary to provide high quality Even

Start Programs. It is, therefore, important

that the Secretary be able to adjust the

number of grants awarded to reflect the results of the evaluation.

Subtitle D—World Class Schools Panel; Core

Curriculum; Assessments; and Promotion

Gates

Subtitle D provides the assistance and the

guidance necessary for the District of Columbia public schools to begin on the path

toward a world-class education system. The

core of education is the curriculum. While

schools should have discretion with respect

to some portions of the curriculum, and full

discretion with respect to instruction and inputs, there is a legitimate public interest in

ensuring that public schools teach students a

core of vital concepts, factual knowledge,

and skills. This care should address at least

the key academic content areas of English,

mathematics, science and history. There is a

further legitimate public interest in ensuring that students’ competence in this core

curriculum represent a high level of achievement, in fact that it be world-class.

To assist the District, in particular the Superintendent and Board of Education, in establishing such a core curriculum, a panel of

experts is established: the World Class

Schools Panel. In order to provide the perspective of parents, one appointee is a parent

of a student in the District of Columbia public schools. The proposal to establish such a

panel has as its origin the request by the Superintendent and the president of the Board

of Education, in a reform plan submitted to

Rep. Steve Gunderson on July 13, 1995, for

approximately $2 million for the development of new curricula and assessments. Such

a need exists in the District public schools,

but a nationally-established panel of experts

is the proper vehicle for such an effort. Further, the panel is also directed to recommend

model teacher training programs that individuals schools, or the school system, may

adopt.

Because even the formal adoption of a

high-quality curriculum constitutes only a

minimal improvement if there is no way to

determine how well students are mastering

the curriculum, assessments that provide

such information are also vital. To be of

maximum use, assessments must inform parents of their child’s progress, as well the

progress of the child’s school. Such information needs to be placed in the context of the

performance of other schools, the District,

other states, the nation, and especially,

other nations that historically perform well

on international comparisons of student

achievement, such as Germany, France,

Japan, and South Korea. Tools useful for developing such assessments are becoming increasingly available, such as through the

third international math and science study,

now underway, or through publicly-released

items from the national assessment. Further, it is also important for such assessments to satisfy professional standards of reliability and freedom from bias, as established by the American Psychological Association and the American Education Research Association. To the degree that new

assessments address such technical standards, it is also useful to have such assessments exemplify the range of knowledge and

skills that students are intended to master

in the core curriculum. It is the responsibility of the World Class Schools Panel to develop, or adopt, the appropriate assessments

to accomplish these important purposes.

While the Board of Education is free to reject the recommendations of the Panel, if it

chooses to do so it must still establish its

own core curriculum and assessments that

meet the requirements of this subtitle. The

establishment of new promotion criteria

(‘‘promotion gates’’) by the Superintendent

and Board of Education, another reform included in the reform plan submitted to Rep.

Steve Gunderson on July 13, 1995 by the Superintendent and president of the Board of

Education, is also required under this

amendment. To ensure coherence in the system, the new assessments measuring

achievement of the core curriculum will

serve as one criterion for such ‘‘promotion

gates,’’ though not necessarily the only criterion.

Subtitle E—Per Capita District of Columbia

Public School and Public Charter School

Funding

Subtitle E of Title II of the bill directs the

District of Columbia to develop a per pupil

formula for funding K–12 education starting

in FY 1997. This uniform formula will be used

to provide operating budgets on the basis of

enrollment for the school system as a whole

and for individual public charter schools. According to a January 1995 report by the District of Columbia Committee on Public Education, ‘‘Of the 40 largest school systems in

the country, the District ranked first in per

pupil expenditures.’’ The report further

states that, ‘‘By almost any measure, student academic performance has worsened.’’

This information is disturbing and as a result the District of Columbia is directed to

establish a uniform formula for funding the

education of students enrolled in either public charter schools authorized in subtitle B

of this amendment or the District of Columbia School System, and to have the General

Accounting Office do an audit of the student

enrollment count.

To account for appropriate differences in

the costs of educating different types of students, the formula shall take into account

such variations for students at different

grade levels as well as for students with special needs. The District will define ‘‘special

needs,’’ but it is expected to address such

categories as students with disabilities, students that have dropped out, and highly disruptive students. Such a formula will clarify

and focus decisions regarding funding for

public education around students’ needs.

For FY 1996, $75,000 is authorized for the

General Accounting Office (GAO) to audit

the student enrollment count of the school

system. For FY 1996 through FY 2000, $200,000

is authorized for each year for transition

costs associated with starting public charter

schools. These funds are necessary due to the

school year beginning in September while

the fiscal year begins in October, therefore

resulting in a one month funding gap for any

new public charter school.

Subtitle F—School Facilities Repair and

Improvement

Subtitle F of this amendment begins to address the facilities problems that plague the

District of Columbia schools. It is appalling

that the schools of our Nation’s capital have

had to be closed, as a result of judicial intervention, because they were deemed unsafe

for children. This subtitle encourages assistance by the private sector and government

agencies to bring new life to the bricks and

mortar of the District of Columbia schools.

A January 1995 report by the District of

Columbia Committee on Public Education

entitled ‘‘Our Children Are Still Waiting’’

noted that the ‘‘District must generate a

sense of urgency in the business and philanthropic community and re-enlist them in

targeted support for very particular, concrete school reform goals.’’ Congress agrees

with this statement and is asking the General Services Administration to step in and

help guide the District of Columbia Public

School System through school facilities repair and improvements. It is not the intent

of this amendment for Congress to take over

the maintenance of the school system, but

rather to become a partner with the school

system to help repair and improve school facilities. This is not a long-term arrangement, but shall last no more than two years.

It is also the expectation of Congress that

this partnership will make appropriate use of

the ‘‘Superintendent’s Task Force on the

Education Infrastructure for the 21st Century: Preliminary Facilities Master Plan

2005 for the District of Columbia Public

Schools’’. As the plan notes, ‘‘this preliminary plan is a first step in obtaining the District of Columbia’s assessment of its public

school facilities, the children served by them

and a sense of their entitlement to high

quality services.’’

The report further states that ‘‘While this

preliminary plan creates a framework for

moving forward, it does not complete the

planning task. It suggests a considerable departure from business as usual and requires

the disciplined coordination among all components of DCPS, other city entities and

community stakeholders that are currently

intervening to impact both student population trends and quality of life in the city.’’

It is the hope of Congress that this report

will be useful as a starting point to complete

the task at hand and that cooperation, innovation and efficiency will prevail. Further, it

is the hope of Congress that such a revitalization of school facilities will take hold and

become a permanent fixture in the school

system of our Nation’s capital.

Subtitle G—Department of Education ‘‘D.C.

Desk’’

Subtitle G of Title II of the bill requires

the Department of Education to establish a

‘‘DC Desk’’ to help coordinate efforts by the

District of Columbia school system to apply

and receive federal grants. The Director of

the DC Desk shall be appointed by the Secretary of Education and shall not be paid

more than a GS–15 rate of the General

Schedule.

The duties of the Director of the DC Desk

shall include coordinating with the Superintendent a comprehensive technical assistance strategy, identifying federal grants for

which the District of Columbia public

schools may be eligible and identifying private and public resources that could be made

available to the District of Columbia Public

School System and public charter schools established under subtitle B of this amendment. By providing this additional resource

at the federal level to the District of Columbia, it is expected that greater resources will

be infused into the District of Columbia Public School System to provide new and innovative approaches to learning.
HOUSE OF REPRESENTATIVES

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1995 T139.13

Subtitle H—Residential School

Subtitle H of Title II of the bill authorizes

funds for the planning and initial capital

costs to develop a residential school within

the District of Columbia. Two million dollars are authorized in FY 1996 to develop and

initiate a residential school program, of

which no more than $100,000 may be used for

planning purposes.

In a July 13, 1995 reform plan submitted to

Representative Steve Gunderson, the president of the District of Columbia Board of

Education and the Superintendent of the

District of Columbia Public School System

proposed allowing the District of Columbia

to establish a public residential school. This

amendment provides funds to the District to

establish such a school. The District of Columbia Public School System has indicated

that it intends for such a school to be designed for highly disruptive or troubled

youth and this is my expectation.

Several school systems have public residential schools operating. Chicago is experimenting with the idea in a public housing

complex. As the Washington Times reported:

‘‘For centuries, the children of the rich have

been sent to boarding schools in search of a

tightly controlled educational environment

. . . Now in Chicago, children of the not-sowell-to-do will soon get to try something

similar.’’

By providing a residential school in the

District of Columbia, as has been done in

Chicago, Texas, North Carolina and several

other jurisdictions, a new alternative will be

created for District of Columbia students to

learn and thrive. By offering a new opportunity for District of Columbia residents and

their children, D.C. children will have another way to succeed in school and in their

future.

Subtitle I—Progress Reports and

Accountability

Subtitle I of Title II of the bill, requires

that no later than 60 days after enactment of

this Act, the District of Columbia Council

must submit a report to Congress describing

actions the Council has taken to facilitate

first-year reforms within the District of Columbia Public School system. In order to

allow for local legislative discretion as well

as responsibility, this amendment does not

include a number of legislative components

that would facilitate public school reform in

the District, including implementation of

the first-year reform agenda of the District

of Columbia Public School System. In response to this demonstration of respect for

the principle of Home Rule, it is the expectation of Congress that the DC Council will act

swiftly to enact such legislation following

the enactment of this Act by Congress.

Subtitle I also requires that the Superintendent submit to Congress, no later than

August 1, 1996, a report regarding the status

of implementation of a far-reaching firstyear reform agenda. This agenda is based on

the reform plan submitted by the Superintendent and the president of the Board of

Education to Rep. Steve Gunderson on July

13, 1995, ‘‘Accelerating Education Reform in

the District of Columbia: Building on

BESST.’’ While ambitious, the agenda described in this subtitle does not include

every single item contained in the July 13,

1995, reform plan, only those that are most

critical and of the highest priority. This

year, Congress is resisting the temptation to

micromanage, abolish or replace the institutions governing the DC Public School System this year, on the expectation that comprehensive reform will be implemented. Over

the course of the next year Congress will

conduct appropriate oversight. When considering the FY 1997 budget for the District,

Congress will evaluate the progress of this

implementation and decide whether to intervene more directly to redesign the governance arrangement for public education in the

District.

Subtitle J—Low Income Scholarships

Subtitle J of Title II of of the bill establishes a low-income scholarship program.

Under the program, a non-profit corporation

is established to administer two kinds of

scholarships for District of Columbia residents: (1) tuition scholarships; and (2) scholarships for after school activities or the

costs of transportation. The program is part

of a broader education reform package whose

goal is to expand the range of choices for

low-income families and to improve the

quality of education in the District of Columbia. Within this broader framework, existing private and independent schools in the

District and surrounding jurisdictions are

only one component.

The tuition scholarships will cover the full

costs of tuition, up to $3,000, for students

below the poverty level. For students between 100 percent and 185 percent of the poverty level, the scholarship will equal one half

the costs of tuition, up to $1500. Tuition

scholarships may be used at participating

private schools in the District as well as public or private schools in surrounding jurisdictions.

The scholarships for after school activities

or transportation will cover the full costs of

such activities, up to $500. Eligible students

are those whose family incomes are no more

than 185 percent of the poverty level. Such

scholarships are available for use within the

District of Columbia at either traditional

public schools, public charter schools as established under this legislation, or private

schools. Such scholarships are envisioned to

be used, among other things, for payment of

the costs of after school tutoring, rental of

band instruments, the costs of summer

school, or the costs of traveling across town

to attend a new public charter school.

The corporation established to administer

the program is directed to award, to the extent feasible, an equal number of the two

types of scholarships (i.e. tuition scholarships and after school or transportation

scholarships).

A seven member Board of Directors will

oversee the operations of the nonprofit

scholarship corporation. Six members are to

be appointed by the President from nominations submitted by the Speaker of the House

of Representatives and the Majority Leader

of the Senate. One member will be appointed

by the Mayor of the District of Columbia.

During hearings held by the Subcommittee

on Oversight and Investigations of the Economic and Educational Opportunities Committee, testimony supporting the scholarship concept was received from several

sources. First, at the Subcommittee hearing

of June 27, 1995, Eenid Simmons, Director of

the Office of Policy for the Mayor of the District of Columbia, spoke in favor of private

school choice, though with limitations. The

Office of the Mayor has advocated meanstesting for any choice program. This amendment recognizes the wisdom of such a provision, and accordingly has made the scholarships available to those families with incomes at or below 185 percent of the poverty

level.

Second, at the same Subcommittee hearing, Otis Troupe, the Chairman of the Vouchers Committee of the Education First Coalition, strongly endorsed private school choice

as a means of improving the education of

District children, though he endorsed a different mechanism than that contained in

this amendment. He noted:

‘‘I am a particularly enthusiastic proponent of voucher-supported public education. . . . To my mind, a program of

voucher-supported fully accredited alternative schools will very quickly bring a

flexibility of choice to the sterile landscape

of ‘non-options’ that are currently offered to

parents of DC school children.... Once

operational, vouchers would immediately

and drastically expand the choices available

to participating parents. Immediately, children in the vouchers program would experience a drastically expanded range of choice

[sic] for schools and academic programs.’’

Because of the concerns of some in the District that a voucher system would remove

local public funds and send them to private

schools, such an approach is not contained in

this amendment. The concept of permitting

greater choice among all schools for low-income families who cannot afford choice at

present, however, is maintained in this

amendment.

Third, the Education and Libraries Committee of the District of Columbia Council

responsible for education legislation unanimously (5–0) ‘‘embraced,’’ in an official committee report dated July 21, 1995, a Federally-funded scholarship program. It is this

approach that is embodied in this subtitle.

Fundamental to the concept of this scholarship program is the maximization of equality of opportunity for low income families.

The tuition scholarships will provide such

families with the same kinds of choices—including private schools in the District as

well as public or private schools in surrounding jurisdictions—that higher income

families already have available. The after

school activities and transportation scholarships are similarly targeted toward low income families.

Some establishment clause concerns have

been expressed regarding whether this

amendment provides direct Federal assistance to sectarian schools. It does not, however, provide direct Federal assistance to

any participating schools. Rather, the assistance is to the student. The intent of section

2553(c) of the bill is to make clear that the

students are the primary beneficiaries of the

scholarships, and not the schools. This

amendment envisions no discrimination for

or against private schools on the basis of religion in the operation of this program, but

instead neutrality.

Section 2557(a)(1) of the bill prohibits independent and private schools from discriminating on the basis of a student’s disabilities

if the school is equipped to provide an appropriate education. This part of section

2557(a)(1) is intended to reflect current law

requirements under section 504 of the Rehabilitation Act of 1973 (29 USC 794).

The low-income scholarship program was

carefully designed to satisfy Constitutional

requirements under the First Amendment.

Over the past 12 years, the U.S. Supreme

Court consistently has upheld programs that

provide assistance for students who attend

private schools. In Mueller v. Allen, 463 U.S.

388 (1983), the Court upheld Minnesota’s income tax credits for educational expenses,

most of which were incurred in religious

schools. In Witters v. Department of Services

for the Blind, 474 U.S. 481 (1986), a program

paying for a blind student to pursue training

for the ministry at a religious seminary was

upheld. In Zobrest v. Catalina Foothills School

Dist., 113 S. Ct. 2462 (1993), the Court sustained the use of funds under the Individuals

with Disabilities Education Act to pay an interpreter for a deaf child attending a Catholic High School.

In these cases, the Court established that

such assistance is permissible if (1) the

choice where to use assistance is made by

parents of students, not the government; (2)

the program does not create a financial incentive to choose private schools; and (3) it

does not involve the government in the

school’s affairs.

The proposed scholarship program fulfills

these criteria. Like the G.I. Bill and federal
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1870

T139.13 NOVEMBER 2

daycare assistance, the choice of where funds

are expended is made not by the government

but by the scholarship recipients. Because

the tuition scholarships amount only to the

cost of tuition or some lesser amount, the

program does not create a financial incentive to choose private schools. Scholarships

are also available to pay costs of supplemental services for public school students,

who already receive a free education. Moreover, the program involves only those regulations necessary to ensure that reasonable

educational objectives are met, and does not

create entanglement between the government and religious schools.

The scholarship program does not

impermissibly establish religion, but instead

serves to expand educational opportunities

for children who desperately need them.

Subtitle K—Partnerships With Business

Within the context of limited public resources and an ever increasing demand for

additional and more effective services—Subtitle K of Title II is intended to facilitate a

process and develop an infrastructure under

which private sector contributions are effectively leveraged to bring about positive

change in the community.

The centerpiece of this Subtitle is the establishment of the District Education and

Learning Technologies Advancement

(DELTA) Council. The DELTA council will

bring together representatives of business,

community leaders, and others willing to

contribute time, energy and resources to

carry out a variety of activities related to

education, training and employment within

the District of Columbia.

The DELTA Council, (established by a nonprofit corporation selected by the Superintendent of DC schools), has many important functions, including coordinating donations from the private sector so that they

are used in a comprehensive and effective

manner with full accountability. It is expected that the corporation, through the

DELTA council, will not only meet, but surpass, the goals set forth in the legislation to

match the Federal grant amount at an increasing rate (up to 5:1) over the three year

authorizing period. It is intended that the

DELTA council will work with the General

Services Administration in the coordination

of donated services related to the repair and

improvement of schools.

The integration of up-to-the minute educational technology into an inner-city school

curriculum has shown impressive results. A

recent article in the National Journal focused on the impact such an initiative had

on schools in Union City, N.J.:

‘‘Bell Atlantic Corp., the Philadelphiabased regional Bell operating company, provided computers and wired the classrooms

and homes of students, teachers and administrators to join them all in an electronic

network. It then connected the network to

the Internet and a host of multi-media education programs. ‘We initiated the project to

test the technology—which works’; John G.

Grady, the manager of Bell Atlantic’s Video

Service, explained ‘But we were surprised in

a wonderful way with the educational outcomes.’ Truancy and dropouts plummeted;

test scores soared. All the schools in the district raised their levels of attendance and

student achievement.’’

Under this legislation, the DELTA council,

in conjunction with the Superintendent, students, parents and teachers will establish

and implement strategies to ensure access to

state-of-the-art educational technology. This

process will begin with a comprehensive

technology assessment which, to the extent

possible, shall be done pro bono by a qualified private sector firm. Based on this assessment, the DELTA council will facilitate the

development of a short-term technology plan

to be carried out in conjunction with the

schools, students, parents and teachers.

It is recognized that computers, hardware,

software and access to emerging technologies do not, by themselves, ensure success. In fact, they are worthless if they are

not utilized effectively and constructively.

As such, teachers need to be knowledgeable

both on how to use these technologies as

well as how to teach such technology and the

applications of such technology.

Under this legislation this vital link is established through the creation of a Professional Development Program for Teachers

and Administrators. This program will being

together teachers, school administrators and

universities within the District of Columbia

in order to provide professional development

for teachers. This training will include private sector training of teachers in the use,

application, and operation of state-of-the-art

technology in education. This program will

also provide training for school principals

and other school administrators in effective

private sector management practices.

The unemployment rate for 18–25 year olds

in the District of Columbia is simply too

high. There needs to be an effective effort,

beyond school reform, to assist these individuals in gaining the skills necessary to obtain

and retain employment. Subtitle K provides

for the District of Employment and Learning

Center, ‘‘DEAL Center’’. The center will provide the district with a regional institute to

provide job training and employment assistance for these individuals. The basic premise

behind this center is that one of the most effective approaches to employment programs

is the combination of on-the-job and classroom training. As such, the center will focus

on job placement, including temporary work

assignments, combined with training opportunities. This training may be supported

with needs-based payments in order to make

training a viable option for those individuals

who may otherwise not be able to afford the

time to participate in such a program.

The center will use funds from a variety of

sources (beyond what is made available

under this section), including funds leveraged through the private sector by the

DELTA council and through partnerships

with other governmental agencies and appropriate federal employment and training programs.

It is recognized that there are currently efforts in this Congress aimed at streamlining

the multitude of Federal job training and

employment programs and providing a simpler framework for state and local implementation of such federal program. This subtitle encourages such reforms to be started

within the District by the Mayor as soon as

possible and further supports full accountability for these funds. It is further encouraged that the Mayor and other local officials

coordinate the design and implementation of

such reforms with the efforts of the DELTA

council and with the efforts of the DEAL

Center.

It is also expected that initiatives will be

carried out with District of Columbia Public

School System and interested public charter

schools at the secondary level to facilitate

the integration of rigorous academic studies

with workforce preparation programs. In

particular, it is the intent of this amendment to promote the expansion and quality

of current high school career academy programs as established in certain District of

Columbia schools.

This amendment also recognize the value

of implementing nationally-proven programs. One such example is the Jobs for

America’s Graduates (JAG) program. According to the 1994 Annual Report issued by

JAG, the program has benefited over 175,000

youth people in 22 different states and 400

communities. Over 90 percent of them have

successfully completed high school and over

80 percent, at the end of nine months after

leaving school are either on the job, in the

military or enrolled in postsecondary education or training.

This amendment provides funding for a

Jobs for D.C. Graduates Program modeled

after the JAG program and consistent with

Jobs for America’s Graduates, Inc. This program would assist schools in workforce preparation initiatives. Specifically, these initiatives assist at-risk and disadvantaged youth

in graduating from high school and in finding and maintaining quality jobs thereafter.

It is expected that FY 1996 funding would

serve at least half of all 12th grade students

and funding authorized in future years would

include all interested 12th grade students.

Subtitle L—Parent Attendance at ParentTeacher Conferences

Subtitle L of Title II of the bill authorizes

the Mayor to condition welfare benefits on

parent attendance and participation in parent-teacher conferences once every 90 days.

The Mayor must submit to the Secretary of

Health and Human Services a plan for implementation of such a program. The plan must

state how the Mayor plans to administer the

program, conduct evaluations of the program, monitor the participation of parents,

withhold and reinstate benefits, and longterm plans for the program. Beginning October 1, 1996, the District of Columbia is required to annually submit a report to the

Secretary of Health and Human Services and

Congress on the progress and report of this

program.

The idea for such a program arose at one of

the many consensus meetings I held to develop this comprehensive reform package. It

was suggested by teachers who emphasized

the need to ensure greater parent involvement. Further, it is consistent with the overall philosophy of the reforms proposed by

District of Columbia school officials. In a

July 13, 1995 letter to Representative Steve

Gunderson, Mrs. Wilma Harvery, president of

the District of Columbia Board of Education,

and Franklin Smith, Superintendent of the

District of Columbia Public Schools, cited

the value of parent involvement in the success of both schools and students. ‘‘Parent

and community involvement are critical to

student and school success . . . Research

show parent involvement is a crucial component in school success.’’

The Carnegie Corporation issued a report

in June 1989 entitled ‘‘Turning Points: Preparing American Youth for the 21st Century’’. The report states the need to reengage families in the education of our children and to have them become more actively

involved in the school. ‘‘Reversing the downward slide in parent involvement and closing

the gulf between parents and school staff

with mutual trust and respect are crucial for

the successful education of adolescents.’’ It

is intended that this subtitle on parental involvement will re-engage parents to become

actively involved in the education of their

children.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

The question being put,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

GUTKNECHT, announced that pursuant to clause 7 of rule XV the yeas and

nays were ordered, and the call was

taken by electronic device.
HOUSE OF REPRESENTATIVES

1871

1995 T139.25

It was decided in the Yeas ....... 224 ! affirmative ................... Nays ...... 191

T139.14 [Roll No. 764]

YEAS—224

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bilbray

Bilirakis

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Brewster

Browder

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Chabot

Chambliss

Chapman

Christensen

Clement

Clinger

Coburn

Collins (GA)

Combest

Cooley

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Davis

Deal

DeLay

Diaz-Balart

Dickey

Doolittle

Dornan

Dreier

Dunn

Edwards

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Forbes

Fox

Franks (CT)

Franks (NJ)

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gillmor

Gingrich

Goodlatte

Goodling

Gordon

Graham

Green

Greenwood

Gunderson

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hoekstra

Hoke

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Jacobs

Johnson, Sam

Jones

Kasich

Kim

King

Kingston

Knollenberg

LaHood

Largent

Latham

LaTourette

Laughlin

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

LoBiondo

Longley

Lucas

Manton

Manzullo

McCollum

McCrery

McDade

McInnis

McIntosh

McKeon

McNulty

Metcalf

Mica

Miller (FL)

Mollohan

Montgomery

Moorhead

Moran

Morella

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oxley

Packard

Parker

Paxon

Pombo

Porter

Portman

Pryce

Radanovich

Regula

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Shadegg

Shaw

Shays

Shuster

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stearns

Stenholm

Stupak

Talent

Tanner

Tate

Tauzin

Taylor (NC)

Thomas

Thornberry

Visclosky

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weller

White

Whitfield

Wicker

Wilson

Wolf

Young (AK)

Young (FL)

Zeliff

NAYS—191

Abercrombie

Ackerman

Allard

Andrews

Baldacci

Barrett (WI)

Becerra

Beilenson

Bentsen

Bevill

Bishop

Bonior

Borski

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Castle

Chenoweth

Chrysler

Clay

Clayton

Clyburn

Coble

Coleman

Collins (IL)

Collins (MI)

Condit

Costello

Coyne

Cunningham

Danner

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Dooley

Doyle

Duncan

Durbin

Engel

Eshoo

Evans

Farr

Fattah

Fazio

Filner

Flake

Foglietta

Foley

Ford

Fowler

Frank (MA)

Frelinghuysen

Frost

Furse

Gejdenson

Gibbons

Gilchrest

Gilman

Gonzalez

Goss

Gutierrez

Hancock

Hansen

Harman

Hastings (FL)

Hefner

Hilliard

Hinchey

Hobson

Holden

Horn

Hoyer

Jackson-Lee

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kleczka

Klink

Klug

Kolbe

LaFalce

Lantos

Lazio

Levin

Lewis (GA)

Lofgren

Lowey

Luther

Maloney

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McDermott

McHale

McKinney

Meehan

Meek

Menendez

Meyers

Mfume

Minge

Mink

Molinari

Murtha

Neal

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Pallone

Pastor

Payne (NJ)

Payne (VA)

Peterson (FL)

Peterson (MN)

Petri

Pickett

Pomeroy

Poshard

Rahall

Ramstad

Reed

Richardson

Rivers

Roemer

Rose

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Schumer

Scott

Sensenbrenner

Serrano

Sisisky

Skaggs

Slaughter

Stark

Stockman

Studds

Stump

Taylor (MS)

Tejeda

Thompson

Thornton

Thurman

Tiahrt

Torkildsen

Torres

Torricelli

Towns

Traficant

Upton

Velazquez

Vento

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams

Wise

Woolsey

Wyden

Wynn

Yates

Zimmer

NOT VOTING—18

Berman

Boucher

Conyers

de la Garza

Fields (LA)

Gephardt

McHugh

Miller (CA)

Moakley

Nadler

Pelosi

Quillen

Quinn

Rangel

Riggs

Stokes

Tucker

Weldon (PA)

So the bill was passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

T139.15 APPOINTMENT OF ADDITIONAL

CONFEREES—H.R. 2491

The SPEAKER pro tempore, Mr.

GUTKNECHT, by unanimous consent

and pursuant to clause 6(f) of rule X,

announced the appointment of the following Members from the Committee

on Commerce as additional conferees

on the part of the House to the conference with the Senate on the disagreeing votes of the two Houses on

the amendment of the Senate to the

bill (H.R. 2491) to provide for reconciliation pursuant to section 105 of the

concurrent resolution on the budget for

fiscal year 1996: For consideration of

title XVI of the House bill, and subtitle

B of title VII of the Senate amendment, and modifications committed to

conference: Messrs. HASTERT and

GREENWOOD.

Ordered, That the Clerk notify the

Senate of the foregoing appointments.

T139.16 PRIVATE CALENDAR OBJECTORS—

MINORITY

Mr. BONIOR announced the following

Members on the part of the minority as

the official objectors for the Private

Calendar: Messrs. BOUCHER, MFUME,

and DELAURO.

T139.17 PRIVATE CALENDAR OBJECTORS—

MAJORITY

Mr. ARMEY announced the following

Members on the part of the majority as

the official objectors for the Private

Calendar: Messrs. SENSENBRENNER,

COBLE, and GOODLATTE.

T139.18 ADJOURNMENT OVER

On motion of Mr. ARMEY, by unanimous consent,

Ordered, That when the House adjourns today, it adjourn to meet at 12

o’clock noon on Monday, November 6,

1995.

T139.19 HOUR OF MEETING

On motion of Mr. ARMEY, by unanimous consent,

Ordered, That when the House adjourns on Monday, November 6, 1995, it

adjourn to meet at 12:30 p.m. on Tuesday, November 7, 1995, for morning

hour debates.

T139.20 CALENDAR WEDNESDAY BUSINESS

DISPENSED WITH

On motion of Mr. ARMEY, by unanimous consent,

Ordered, That business in order for

consideration on Wednesday, November

8, 1995, under clause 7, rule XXIV, the

Calendar Wednesday rule, be dispensed

with.

T139.21 FURTHER MESSAGE FROM THE

SENATE

A further message from the Senate

by Mr. Lundregan, one of its clerks, announced that the Senate had passed

without amendment a bill of the House

of the following title:

H.R. 2492. An Act making appropriations

for the Legislative Branch for the fiscal year

ending September 30, 1996, and for other purposes.

The message also announced that the

Senate had passed a bill of the following title, in which the concurrence

of the House is requested:

S. 1382. An Act to extend the Middle East

Peace Facilitation Act.

T139.22 LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted to Mr. CONYERS,

for today.

And then,

T139.23 ADJOURNMENT

On motion of Mr. BRYANT of Texas,

pursuant to the special order heretofore agreed to, at 9 o’clock and 59

minutes p.m., the House adjourned

until 12 o’clock noon on Monday, November 6, 1995.

T139.24 SUBSEQUENT ACTION ON A

REPORTED BILL SEQUENTIALLY

REFERRED

Under clause 5 of rule X the following

action was taken by the Speaker:

H.R. 1816. Referral to the Committee on

Commerce extended for a period ending not

later than November 17, 1995.

T139.25 PUBLIC BILLS AND RESOLUTIONS

Under clause 5 of rule X and clause 4

of rule XXII, public bills and resolu-