59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–522 

SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS 

REAUTHORIZATION ACT 

APRIL 25, 2016.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. CHAFFETZ, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 4901] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 4901) to reauthorize the Scholarships for 

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

recommend that the bill do pass. 

CONTENTS 

Page 

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

Section-by-Section .................................................................................................... 10 

Explanation of Amendments ................................................................................... 13 

Committee Consideration ........................................................................................ 13 

Roll Call Votes ......................................................................................................... 13 

Application of Law to the Legislative Branch ....................................................... 13 

Statement of Oversight Findings and Recommendations of the Committee ...... 14 

Statement of General Performance Goals and Objectives .................................... 14 

Duplication of Federal Programs ............................................................................ 14 

Disclosure of Directed Rule Makings ..................................................................... 14 

Federal Advisory Committee Act ............................................................................ 14 

Unfunded Mandate Statement ............................................................................... 14 

Earmark Identification ............................................................................................ 14 

Committee Estimate ................................................................................................ 14 

Budget Authority and Congressional Budget Office Cost Estimate .................... 14 

Changes in Existing Law Made by the Bill, as Reported ..................................... 16 

Minority Views ......................................................................................................... 35 


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1The three-sector approach was part of the D.C. School Choice Incentive Act in P.L. 108–99 

and was later formalized through the enactment of the Scholarship for Opportunity and Results 

Act of 2011 in P.L. 112–10. 2District of Columbia Office of the State Superintendent of Educ., DC 2014 Adjusted Cohort 

4-Year Graduation Rate, available at http://osse.dc.gov/sites/default/files/dc/sites/osse/publication/ 

attachments/Adjusted%20Cohort%20Graduation%20Rate%20Overview%202013-14.pdf; See also 

District of Columbia Office of the State Superintendent of Educ. available at http://osse.dc.gov/ 

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

Adjusted%20Cohort%20Graduation%20Rate%20Overview%202014-15.pdf (hereinafter ‘‘DC 2015 

Adjusted Cohort 4-Year Graduation Rate’’). 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

The Scholarships for Opportunity and Results (SOAR) Reauthorization Act gives families in the District of Columbia (DC) choice 

in their children’s education. The bill continues the three-sector approach to education in the District of Columbia by authorizing $60 

million in annual funding, equally distributed to District of Columbia public schools, public charter schools, and the Opportunity 

Scholarship Program (OSP). The OSP gives children of low-income 

families in the District of Columbia access to a quality education 

through scholarships to attend private schools. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 4901 reauthorizes the three-sector approach to education in 

the District of Columbia.1 Since 2004, students in the District of 

Columbia have had greater access to a quality education, and the 

SOAR Reauthorization Act would allow this trend to continue. 

Helping the District Maintain Educational Improvements 

The District of Columbia’s public education system has experienced improvements in recent years, with particularly positive outcomes appearing in the 2015 school year. Specifically, from the 

2014 school year to the 2015 school year, the graduation rate for 

DC public schools increased from 58 percent to 64 percent.2 While 

this gain is welcome, there is still room for further improvement 

to help ensure children in the District have access to a quality education. 

A key pillar of the SOAR Act is the authorization of funds for 

public education within the District of Columbia. H.R. 4901 reauthorizes the SOAR Act for another five years, providing $300 million in additional funding to support education in the District of 

Columbia over this timeframe. The $300 million authorized by H.R. 

4901 is divided equally among DC public schools, DC public charter 

schools, and the OSP. The OSP does not take any money away 

from public schools or public charter schools within the District. 

Rather, DC public schools and DC public charter schools benefit 

from additional funding that would otherwise not be available to 

support education within the District of Columbia. These funding 

streams are dedicated to improving public schools and public charter schools. It has become increasingly clear in recent years that 

the District of Columbia benefits from a strong network of public 

charter schools that provide meaningful alternatives to families 

that would otherwise be assigned to low-performing public schools. 

H.R. 4901 ensures that DC public charter schools receive funding 


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3Letter from Muriel Bowser, Mayor, District of Columbia, Phil Mendelson, Chairman, District 

of Columbia Council, et al., to Mitch McConnell, Maj. Leader, U.S. Sen., Harry Reid, Min. Leader, U.S. Sen., Paul Ryan, Speaker, U.S. H.R., Nancy Pelosi, Min. Leader, U.S. H.R. (Mar. 2016). 4 Id. 5Patrick Wolf et al., Evaluation of the DC Opportunity Scholarship Program: Final Report, 

U.S. Dep’t of Educ., Inst. of Educ. Sciences, Nat’l Center for Educ. Evaluation & Regional Assistance, at 67, (June 2010) (NCEE 2010–4018) (hereinafter ‘‘Wolf et al., 2010’’). 6 Nat’l Center for Educ. Statistics, Digest of Education Statistics, Table 222.60 (2013), Table 

222.50 (2013), Table 221.60 (2013), Table 221.40 (2013), available at https://nces.ed.gov/ 

programs/digest/2013menu_tables.asp. 7 Nat’l Center for Educ. Statistics, National Assessment of Education Progress (NAEP), The 

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

nces.ed.gov/nationsreportcard/subject/publications/stt2015/pdf/2016008DC4 (last visited April 20, 

2016) (hereafter ‘‘DC 4th grade 2015 Reading State Snapshot Report.’’); See also Nat’l Center 

for Educ. Statistics, NAEP, The Nation’s Report Card, DC 2015, 4th Grade Mathematics State 

Snapshot available at http://nces.ed.gov/nationsreportcard/subject/publications/stt2015/ 

pdf/2016009DC4.pdf (last visited April 20, 2016) (hereafter ‘‘DC 2015 4th Grade Math State 

Snapshot Report’’); See also Nat’l Center for Educ. Statistics, NAEP, The Nation’s Report Card, 

DC 2015, 8th Grade Reading State Snapshot available at http://nces.ed.gov/nationsreportcard/ 

subject/publications/stt2015/pdf/2016008DC8.pdf (last visited April 20, 2016) (hereafter ‘‘DC 8th 

Continued 

for continued improvement, strengthening educational options for 

District children. 

While much work remains to be done for DC public schools, the 

most recent graduation rate demonstrates the progress being made. 

As a March 2016 letter from DC Mayor Muriel Bowser and a majority of the DC Council described, ‘‘These [SOAR Act] funds are 

critical to the gains that the District’s public education system has 

seen in recent years.’’ 3

In that same letter, the Mayor and Councilmember signees urge 

congressional leadership to reauthorize the SOAR Act, noting 

‘‘SOAR Act funding for [DC Public Schools] has been used to support initiatives that reward and increase retention of high performing teachers and principals. The funds also help attract more 

high quality teachers and principals to DCPS and to improve the 

efficiency with which schools are run.’’ 4

In addition to the importance of the public school funding 

streams for these improvements, evidence suggests the OSP could 

have positive impacts on public schools, as the OSP prompted public school principals within the District to implement changes to retain students who might pursue the OSP or private school education. According to a 2010 U.S. Department of Education study of 

the OSP, 28 percent of public school principals indicated that they 

made changes to their operations in an effort to keep students from 

leaving public school for the OSP or a private school.5 As the District continues to make gains in and through its public schools, 

H.R. 4901 further supports those efforts. This legislation is strongly supported within the District government, as evidenced by the 

letter from the DC Mayor and a majority of Councilmembers requesting Congress reauthorize the SOAR Act. 

The Opportunity Scholarship Program is Working and Helping 

Families 

In 2003, when the OSP was developed as part of the DC Parental 

Choice Incentive Act of 2003, DC public school students had the 

lowest test scores in the nation.6 In the decade since, DC public 

schools have shown improvement in many areas; however, DC public school students continue to test well below national averages, 

with scores that remain at or near the bottom of the United 

States.7 While it is important to support the continued progress of 


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

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

nces.ed.gov/nationsreportcard/subject/publications/stt2015/pdf/ 

2016009DC8.pdf (last visited April 20, 2016) (hereafter ‘‘DC 8th grade 2015 Math State Snapshot Report’’). 8DC 8th grade 2015 Reading State Snapshot Report, supra note 7; DC 8th grade 2015 Math 

State Snapshot Report, supra note 7. 9DC 8th grade 2015 Math State Snapshot Report, supra note 7. 10DC 8th grade 2015 Reading State Snapshot Report, supra note 7. 11DC 4th grade 2015 Math State Snapshot Report, supra note 7; DC 4th grade 2015 Reading 

State Snapshot Report, supra note 7. 12DC 4th grade 2015 Math State Snapshot Report, supra note 7. 13DC 4th grade 2015 Reading State Snapshot Report, supra note 7. 14Wolf et al., 2010, supra note 5, at 36–41. 15 Id., at 35–37, Table 3–2 and Figure 3–1 (June 2010) (NCEE 2010–4018). 16 H. Comm. on Oversight & Gov’t Reform, Hearing on D.C. Opportunity Scholarship Program: 

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

Wolf, Professor and 21st Century Chair in School Choice at the College of Educ. & Health Professions at the University of Arkansas); See also Wolf et al., 2010, supra note 5, at 37, footnote 

39. 17D.C. Children and Youth Investment Trust Corporation , D.C. Opportunity Scholarship Program 2014–2015 Program Summary, available at http://dcscholarships.org/elements/file/OSP/ 

SY%2016-17%20Documents/DC%20OSP%20Program%20Summary%20-%20SY%202014-15.pdf 

(last visited April 20, 2016) (hereinafter ‘‘OSP 2014–2015 Program Summary’’); See also DC 

2015 Adjusted Cohort 4-Year Graduation Rate. 18 Nat’l Center for Educ. Statistics, Common Core of Data, Public high school 4-year adjusted 

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

School Year 2013–2014. This is the latest data available by NCES. 

DC public education, families in the District deserve strong educational options, options which are made available through the 

OSP. 

In 2015, DC eighth graders had the lowest average math and 

reading scores of any state.8 In math, 49 percent of students scored 

below basic, compared to the national average of 30 percent.9 In 

reading, 44 percent of students scored below a basic level, compared to the national average of 25 percent.10 In 2015, DC fourth 

graders remain at or near the bottom of scores in the country.11

Among DC fourth graders, 31 percent of students tested below a 

basic level in math, compared to the national average of 19 percent.12 In reading, 44 percent of students tested below a basic level, 

compared to the national average of 32 percent.13

Conversely, there is convincing evidence to demonstrate OSP students are seeing improved achievement against non-OSP students 

in reading. The 2009 U.S. Department of Education evaluation 

found that after three years, OSP students scored significantly 

higher in reading achievement, a difference equivalent to three or 

four months of additional learning.14 The final evaluation spanning 

2004–2009 could not conclusively report on increased reading 

achievement, because the achievement over four years was only 

statistically significant at the 94 percent confidence level, and not 

the 95 percent confidence level included in the report.15 Dr. Patrick 

Wolf, the leading researcher on the study, indicated that this was 

the result of the sample having changed; as students graduated, 

the researchers had a smaller, different group of students for the 

fourth-year study.16

Additionally, the OSP has resulted in a meaningful impact on 

graduation rates. Despite the recent improvement in graduation 

rates for DC public schools, OSP students graduate high school at 

a much higher rate. During the 2014–2015 school year, OSP students had a graduation rate of 90 percent, while DC public school 

students had a graduation rate of 64 percent.17 OSP students graduated well above the national average of 82 percent.18 Students 


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19Wolf et al., 2010, supra note 5, at 41. 20OSP 2014–2015 Program Summary, supra note 17. 21D.C. Children and Youth Investment Trust Corporation, D.C. Opportunity Scholarship Program 2013–2014 Program Summary, available at http://dcscholarships.org/elements/file/OSP/ 

SY%2016-17%20Documents/2014_06_03%20DC%20OSP%20Program%20Summary.pdf (last visited April 20, 2016); See also OSP 2014–2015 Program Summary, supra note 17. 22 U.S. Bureau of Labor Statistics, Employment Projections 2015, available at http:// 

www.bls.gov/emp/ep_chart_001.htm (last visited April 20, 2016). 23 Id. 24 Id. 25 Id. 26Patrick J. Wolf and Michael McShane, Is the Juice Worth the Squeeze? A Benefit/Cost Analysis of the District of Columbia Opportunity Scholarship Program, Education Finance and Policy 

(Winter 2013), 8(1), at 74–99. 27Wolf et al., 2010, supra note 5, at 43–46. 28 Id. 29 U.S. Dep’t of Educ., Inst. of Educ. Sciences, Nat’l Center for Educ. Evaluation & Regional 

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

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

4 (Apr. 2016) (NCEE Evaluation Brief) (hereinafter ‘‘NCEE Evaluation Brief, April 2016’’). 30 Id. 

from low-achieving schools in particular appear to be benefiting 

from the OSP, as students in low-achieving schools that used an 

OSP scholarship increased their graduation rate from 66 percent to 

79 percent, compared to students in low-achieving schools that applied but did not receive an OSP scholarship.19 Of the 2014–2015 

OSP population, 98.1 percent would have otherwise attended a 

school formerly designated as in need of improvement without the 

program.20 Further, in 2014, the OSP saw 98 percent of its graduating students enroll in a two- or four-year college, with an 88 

percent enrollment rate in 2015.21

The OSP is positioning students in the District of Columbia for 

academic success that will continue to benefit them for the rest of 

their lives. According to the Bureau of Labor Statistics, in 2015, 

high school graduates had a median weekly income that was $185 

higher than those without a diploma.22 This number is even higher 

for those with some college experience, and for those with a bachelor’s degree, their median weekly earnings were more than twice 

that of those without a high school diploma.23 Additionally, in 

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

a high school diploma than for those without.24 For those with a 

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

than for those without a high school diploma.25 A study conducted 

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

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

return on investment.26 Simply put, OSP is a cost-effective program. 

OSP parents report that the schools they are choosing for their 

children are safer than the alternative public school.27 Parents also 

exhibited greater satisfaction with their child’s school as a result 

of the OSP.28 According to an April 2016 report published by the 

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

schools.29 Parents applying to the OSP were surveyed at the time 

of application about their satisfaction levels with their child’s current school. 93 percent of parents of private-school students gave 

their current school a grade of an A or B, while only 55 percent 

of public school parents did the same.30 Put differently, 44 percent 

of public school parents applying for the OSP gave their child’s current school a grade of a C, D, or F; only eight percent of private 


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31 Id. The percentages do not sum to 100 due to rounding. 32Lester & Associates, The District of Columbia Citywide Survey, Feb. 2011, Question 25. 33 NCEE Evaluation Brief, April 2016, supra note 29, at 8. 34 Id. 35 Id, at 8 and 10. 

school parents rated their child’s current school as a C or lower.31

The strong satisfaction with private schools helps explain the 

strong support for the OSP within the District which is further 

demonstrated by 74 percent of OSP parents and the community 

supporting the continuation of the program.32

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

of dissatisfaction with their child’s school across each of the 12 categories measured.33 In each category, the dissatisfaction with public schools was at least 15 percentage points greater than the dissatisfaction with private schools.34 With respect to ‘‘academic quality’’, the top priority for parents choosing a new school, parents of 

public school students registered dissatisfaction at 42 percent compared to the six percent registered by parents of private school students.35

Positive Changes for the OSP 

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

and the satisfaction of parents with their child’s education. As a result of the demonstrated success of the OSP, H.R. 4901 revises the 

structure for evaluating the program. Beginning in 2003, the D.C. 

Parental Choice Incentive Act, and the subsequent SOAR Act, required the OSP to be evaluated using the strongest possible research design. To fulfill this requirement, the U.S. Secretary of 

Education utilized a randomized control evaluation, creating a lottery system where some student applicants received scholarships, 

while other student applicants were placed in a ‘‘control group’’ and 

did not receive a scholarship. The current method of evaluation 

limits participation in the program, and excludes students from receiving a scholarship to complete the evaluation. Given the documented success of the program, H.R. 4901 shifts the OSP evaluation to a new standard that will still rigorously measure student 

achievement, but not deny scholarships to certain students through 

the use of a control group. 

To ensure the new evaluation method is rigorous, H.R. 4901 requires the use of a quasi-experimental research design evaluation. 

This evaluation compares the academic achievement of OSP students to the academic achievement of a comparison group of students with similar backgrounds in District of Columbia public 

schools. The study is to continue evaluating students who received 

a scholarship and were previously studied under the former evaluation. The evaluation is not a descriptive analysis, nor does it compare OSP students to their own performance over time, but rather 

is an evaluation of OSP student achievement compared to DC public school student achievement, comparing students from similar 

backgrounds. The study should be designed to meet the U.S. Department of Education’s What Works ClearinghouseTM standards 

for a ‘‘qualified quasi-experimental design’’ and therefore permit 


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36What Works Clearinghouse, Designing Quasi-Experiments: Meeting What Works Clearinghouse Standards Without Random Assignment, Webinar Transcript, Mar. 3, 2015, available at 

http://ies.ed.gov/ncee/wwc/multimedia/qedwebinar/wwc_webinar_qed_030315.pdf. 37Gov’t Accountability Office, District of Columbia Opportunity Scholarship Program: Additional Policies and Procedures Would Improve Internal Controls and Program Operations, at 20 

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

Scholarship Program: Actions Needed to Address Weaknesses in Administration and Oversight, at 19 (Sept. 2013) (GAO–13–805); see also Lyndsey Layton and Emma Brown, Quality Controls 

Lacking for D.C. Schools Accepting Federal Vouchers, Wash. Post, Nov. 17, 2012. 38 Id. 39The Consolidated Appropriations Act, 2016 contained accreditation provisions requiring 

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

becoming fully accredited. Out of an abundance of caution, H.R. 4901 repeals the Consolidated 

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

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

seeking accreditation within a year of enactment) took effect upon enactment of the Consolidated Appropriations Act, 2016, the accreditation language in H.R. 4901 is tied to this original 

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

evaluators to draw causal conclusions about the program, with the 

reservations typical of such non-experimental analyses.36

The legislation also addresses prior concerns over administration 

of the OSP. Two previously published Government Accountability 

Office reports cited concerns with the OSP administrator’s internal 

controls, including policies and procedures for financial management; The Washington Post also conducted an investigation in 2012 

which highlighted similar concerns.37 These reports also noted that 

the OSP administrator did not maintain complete information 

about OSP schools’ accreditation, which serves as a means of accountability and oversight.38 H.R. 4901 responds to these recommendations by requiring the OSP Administrator to utilize internal fiscal and quality controls, and also by requiring OSP participating schools to become accredited. 

These controls include a requirement that the administrator of 

the OSP report on how it will ensure the financial viability of OSP 

participating schools with an OSP population that is 85 percent or 

greater of the total number of students enrolled at the school. With 

respect to accreditation, the bill contains accreditation requirements that all schools must be accredited within four years of enactment of the Consolidated Appropriations Act, 2016.39 These 

changes will address quality control concerns, and help ensure students in the District of Columbia receive the high standard education they deserve. 

The legislation also requires that criminal background checks be 

conducted on school employees who have direct, unsupervised 

interaction with students, and that at OSP participating schools, 

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

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

H.R. 4901 makes clear that students who are eligible for the OSP 

may not be prevented from participating in the program based on 

the type of school the student previously attended, whether a student was previously awarded a scholarship that remains unused, 

and/or whether the student was a member of the previous control 

group used in the Institute of Education Sciences study. The U.S. 

Department of Education has not allowed otherwise eligible students to participate in the OSP for these reasons; the Department 

claims the SOAR Act’s direction to the Department to ‘‘target reVerDate Sep 11 2014 07:24 Apr 26, 2016 Jkt 059006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

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40Letter from Nadya Chinoy Dabby, Asst. Deputy Sec. for Innovation and Improvement, U.S. 

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

2, 2016) (hereinafter ‘‘Letter from Nadya Chinoy Dabby’’); See also Pub. L. No. 112–10, Division 

C, Sec. 3006 (2). 41Letter from Nadya Chinoy Dabby. 42Pub. L. No. 111–117, Division C, Title IV. 

sources to students and families that lack the financial resources 

to take advantage of available educational options’’ allows it to exclude these eligible students from participating in the program.40

This new language prevents the Department from continuing this 

practice of shutting eligible students out of the program. 

This legislation also clarifies that funds which have been appropriated to the OSP but have not been used must be made available 

to the administrator of the OSP to grant scholarships and execute 

the administrative functions of the program. Currently, the U.S. 

Department of Education does not allow the administrator of the 

OSP access to funds which have been appropriated to the OSP but 

remain unexpended from previous fiscal years, claiming the Department must maintain those funds to ensure current students 

can stay in the OSP in the event that Congress does not appropriate funding to the program in the future.41 Historically, in the 

one period when Congress did not allow for new enrollment in the 

OSP, it still appropriated funding to the OSP so currently enrolled 

students could continue their education on a scholarship, as was 

done through appropriations for Fiscal Year 2009.42 Thus, the Department’s concerns are unfounded and H.R. 4901 ensures the administrator has access to the carryover funds to provide OSP scholarships to as many eligible students as possible. 

All of these changes serve to enhance the OSP. H.R. 4901 provides greater oversight and transparency of the program while ensuring students are able to participate in the OSP and the program 

administrator has access to the resources which Congress has appropriated to it. 

Reauthorizing SOAR 

In October 2015, the House passed H.R. 10 in an effort to reauthorize the SOAR Act. Subsequently, the text of that legislation 

was used as the base text for negotiations between the House and 

the Senate, where a bipartisan, bicameral agreement was reached 

to make a handful of changes (as highlighted by this report) to the 

legislation. While these changes were not substantial, but rather 

served to further the intent of H.R. 10, the importance of this legislation merited its reconsideration before the Committee as a new 

bill, providing the opportunity for members to comment and vote 

on the legislation. For that reason, Chairman Jason Chaffetz (R– 

UT) introduced the revised text as H.R. 4901. 

Just as H.R. 10 before it, H.R. 4901 reauthorizes the three-sector 

approach which means improved educational outcomes for District 

of Columbia students. 

Educational choice is aimed at bringing about improvements 

across all schools. H.R. 4901 means a continued emphasis on educational quality across District of Columbia schools. Simply put, 

the SOAR Reauthorization Act brings opportunity to those most in 

need. 


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LEGISLATIVE HISTORY

The DC OSP was first created as part of H.R. 2556, the D.C. Parental Choice Incentive Act, sponsored by Rep. Tom Davis (R–VA), 

which was favorably reported by the Committee on Government 

Reform by a 22–21 vote on July 10, 2003. The legislation was subsequently incorporated into H.R. 2673, the Consolidated Appropriations Act, 2004 (P.L. 108–199). Appropriations for the program 

were authorized through FY2008. 

The Omnibus Appropriation Act, 2009 (P.L. 111–8) specified that 

the use of any funds in any act for Opportunity Scholarships after 

the 2009–2010 school year be available only upon reauthorization 

of the program and the adoption of legislation by the District of Columbia approving such reauthorization. The Consolidated Appropriations Act, 2010 (P.L. 111–117) eliminated this restriction on 

funding, allocating $13.2 million for Opportunity Scholarships to 

students who received scholarships in the 2009–2010 school year. 

During the 112th Congress, Speaker John Boehner (R–OH) introduced H.R. 471, the Scholarships for Opportunity and Results 

(SOAR) Act, on January 26, 2011 to reauthorize the DC OSP. The 

bill was referred to the Committee on Oversight and Government 

Reform. The companion bill, S.206, was introduced on January 26, 

2011 by Senator Joseph Lieberman (D–CT). The bill was referred 

to the Senate Homeland Security and Governmental Affairs Committee, which held a hearing on February 16, 2011. 

The Subcommittee on Health Care, D.C., Census, and National 

Archives of the Committee on Oversight and Government Reform 

held a hearing on the DC OSP and H.R. 471 on March 1, 2011. The 

Committee favorably reported the legislation by a 21–14 vote on 

March 10, 2011. H.R. 471 passed the House on March 30, 2011, by 

a record vote of 225–195. The legislation was subsequently incorporated into H.R. 1473, the Department of Defense and Full-Year 

Continuing Appropriations Act, 2011, (P.L. 112–10). Appropriations 

for the program were authorized through FY 2016. 

Representative Trey Gowdy (R–SC) introduced H.R. 3237, the 

SOAR Technical Corrections Act on October 18, 2011. The bill was 

referred to the Committee on Oversight and Government Reform, 

and the Committee then reported the legislation favorably by voice 

vote on November 3, 2011. H.R. 3237 was signed into law on February 1, 2012 (P.L. 112–92). 

On May 14, 2015, the Committee on Oversight and Government 

Reform held a field hearing at Archbishop Carroll High School, a 

participating DC OSP school, to examine the reauthorization of DC 

OSP. 

After the field hearing, Speaker John Boehner (R–OH) introduced H.R. 10, the Scholarships for Opportunity and Results 

(SOAR) Reauthorization Act on October 5, 2015. Representatives 

Jason Chaffetz (R–UT), John Kline (R–MN), Daniel Lipinski (R– 

IL), Todd Rokita (R–IN), Rodney Frelinghuysen (R–NJ), and Luke 

Messer (R–IN) were original co-sponsors. 

On October 9, 2015, the Committee on Oversight and Government Reform ordered H.R. 10 favorably reported, as amended, by 

a recorded vote of 16–14. Representative Rod Blum (R–IA), a cosponsor of H.R.10, was detained voting in another Committee. Had 

Representative Blum been present for the vote, he would have 


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voted in favor of reporting the bill, as amended. H.R. 10 passed the 

House on October 21, 2015, by a record vote of 240–191. 

Representative Jason Chaffetz (R–UT) introduced H.R. 4901, the 

Scholarships for Opportunity and Results (SOAR) Reauthorization 

Act on April 12, 2016. The bill was referred to the Committee on 

Oversight and Government Reform, and the Committee then favorably reported the legislation by voice vote on April 14, 2016. 

SECTION-BY-SECTION

Section 1. Short title; References in act 

Designates the short title of the bill as the ‘‘SOAR Reauthorization Act’’. 

Makes clear any amendment or repeal cited within the Act is in 

reference to the Scholarships for Opportunity and Results Act (division C of Public Law 112–10; sec. 38–1853.01 et. Seq., D.C. Official 

Code). 

Section 2. Repeal 

Repeals section 817 of the Consolidated Appropriations Act, 2016 

(P.L. 114–113). Any provision of law amended or repealed by such 

section is restored. 

Section 3. Purposes 

Strikes section 3002 (sec. 38–1853.02, D.C. Official Code). 

Amends sec. 3003 (sec. 38–1853.03, D.C. Official Code). The purpose of this bill is to continue to provide educational opportunities 

for the children of low-income parents within the District of Columbia. 

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

Amends section 3004(a) (sec. 38–1853.04(a), D.C. Official Code). 

Makes clear the U.S. Secretary of the Department of Education 

(Secretary) may not limit an otherwise eligible student from participating in the OSP based on the type of school the student previously attended, whether or not the student previously received a 

scholarship (including whether an eligible student was previously 

awarded a scholarship and did not use the scholarship), or whether 

the student was a member of the evaluation ‘‘control group’’ that 

previously prohibited them from participating in OSP. 

If more students enter the OSP than the program can support, 

the program administrator must conduct a random selection process that gives weight to priorities in section 3006. 

Section 5. Requiring eligible entities to utilize internal fiscal and 

quality controls 

Amends section 3005(b)(1) (sec. 38–1853.05(b)(1), D.C. Official 

Code). Makes clear that a participating school may not be required 

to submit to more than one site visit per school year. 

Requires the administering entity to ensure the financial viability of participating schools with an OSP population of 85 percent 

or greater. The entity administering the OSP must have proper fiscal and quality controls in place as a condition to managing the 

scholarship program. 


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

Amends Section 3006(1) (sec. 38–1853.06(1), D.C. Official Code) 

to remove the terminology ‘‘school identified for improvement, corrective action, or restructuring’’ and replaces it with ‘‘school identified as one of the lowest-performing schools under the District of 

Columbia’s accountability system’’. 

Section 7. Modification of requirements for participating schools 

and eligible entities 

Amends section 3007(a)(4) (sec. 38–1853.07(a)(4), D.C. Official 

Code). Requires a teacher at an OSP participating school who 

teaches core subject matter to OSP participating students to have 

a baccalaureate or equivalent degree. 

Requires school employees with direct, unsupervised interaction 

with students to have criminal background checks. 

Requires participating schools to comply with requests for data 

pursuant to the statutory reporting requirements in Sec. 3010 of 

P.L. 112–10. 

Further amends section 3007(a) (sec. 38–1853.07(a), D.C. Official 

Code). Requires all OSP participating schools to be accredited, or 

in the process of seeking accreditation. Current OSP participating, 

unaccredited schools have one year from the date of enactment of 

the Consolidated Appropriations Act, 2016 (Public Law 114–113) to 

begin seeking accreditation and five years from the date of enactment of Consolidated Appropriations Act, 2016 (Public Law 114– 

113) to become accredited. New schools may participate in the OSP 

if they are accredited before beginning participation. Within five 

years after the date of enactment of the SOAR Reauthorization Act, 

all participating schools must provide the OSP administrator with 

a certificate of full accreditation. 

Requires the eligible entity to help parents of an OSP participating student find another participating school in the event that 

such student attends an OSP participating school that fails to meet 

the accreditation requirements. 

Makes clear students who were previously awarded an opportunity scholarship in any previous year are to be treated as renewal students and not new applicants, regardless of when the 

scholarship was awarded and whether it was used. 

Requires the Secretary to make any remaining available funds 

appropriated for the OSP available to the entity administering the 

OSP, including funds appropriated before the enactment of the 

SOAR Reauthorization Act and any funds appropriated on or after 

enactment of such act. If the eligible entity chooses to use these 

funds, the funds shall be used to award new scholarships to students, of which not more than five percent of unexpended funds 

may be used for administrative costs, parental assistance, and tutoring. The amount made available for administrative costs, parental assistance, and tutoring is in addition to funds already set aside 

for those purposes pursuant to the SOAR Reauthorization Act. 

Section 3007 (sec. 38–1853.07, D.C. Official Code) is further 

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ance. These responsibilities include: conducting site visits to the 

schools; conducting a study on the barriers OSP participating students face in gaining admission to the school of their first choice; 

providing parents information on supplemental financial aid and 

funds to assist parents in meeting expenses that would otherwise 

preclude the student’s participation; and streamlining the application. 

Amends section 3007(c) (sec. 38–1853.07(c), D.C. Official Code) to 

conform to the changes made in Section 6 of this Act. 

Section 8. Program evaluation 

Amends section 3009(a) (sec. 38–1853.09(a), D.C. Official Code). 

Requires the Mayor of DC and Secretary to have the Institute of 

Education Sciences (IES), within the Department of Education, annually evaluate the OSP, and agree to monitor and evaluate D.C. 

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

Requires the Secretary to ensure that the annual OSP evaluation 

uses a quasi-experimental research design that does not require a 

control group that would prohibit eligible students from entering 

the OSP and to disseminate information on the impact of the program. 

Makes clear IES will assess participating students in grades 3 

through 8 and one grade in high school and that the evaluation 

shall measures student achievement of participating students who 

use an opportunity scholarship. IES will work with eligible entities 

to ensure parents of participating students agree to participate in 

the evaluations. 

Requires the following issues be evaluated by IES: a comparison 

of academic achievement of OSP participating students with similar backgrounds in D.C. public schools; the success of expanding 

choice options for parents and increasing satisfaction of parents 

and students with their choice; reasons for participating in the program; a comparison of retention, graduation, college admission, college persistence, and college graduation rates of OSP participating 

students with those in the D.C. public school comparison group (a 

similar comparison of college enrollment, persistence, and graduation rates for students who participated in the OSP in certain years 

compared to students who entered the OSP lottery but were not selected); school safety; an assessment of student achievement at 

OSP participating schools with 85 percent or greater enrollment of 

OSP participating students; and other issues the Secretary deems 

appropriate. 

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

The evaluation conducted under the previous authorizations of 

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

to monitor and evaluate students who were evaluated under the 

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

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

The Secretary may withhold funds from the Mayor if the Mayor 

fails to comply with any of the requirements, and reasonable notice 

was given as well as the opportunity for a hearing. 


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The Secretary may direct funds to the Office of the State Superintendent of Education of the District of Columbia (OSSE), and 

OSSE may transfer funds to subgrantees that are DC public charter schools, public charter school networks, nonprofits that support 

DC public charters, or networks of schools. 

Requires the Mayor to make all necessary DC public and public 

charter school information available to IES for the purposes of carrying out the evaluation. 

Section 10. Revision of current memorandum of understanding 

The Mayor and Secretary will revise their memorandum of understanding to reflect the amendments within this Act, the need to 

ensure that participating schools meet fire code standards and 

maintain certificates of occupancy, and to ensure that DC public 

and public charter schools meet the requirements to provide information necessary to carry out evaluations. 

Section 11. Definitions 

Defines ‘‘core subject matter’’ and redesignates certain paragraphs. 

Section 12. Extension of authorization of appropriations 

Amends section 3014 (sec. 38–1853.14, D.C. Official Code) to extend the authorization through September 30, 2021. Makes clear 

that amounts appropriated, including amounts appropriated before 

the date of enactment of this Act, are to remain available until expended. 

Section 12. Effective date 

The amendments in the Act apply beginning the 2017–2018 

school year and each succeeding school year. 

EXPLANATION OF AMENDMENTS

No amendments to H.R. 4901 were offered or adopted during 

Full Committee consideration of the bill. 

COMMITTEE CONSIDERATION

On March 14, 2016, the Committee met in open session and ordered reported favorably the bill, H.R. 4901, by voice vote, a 

quorum being present. 

ROLL CALL VOTES

No roll call votes were requested or conducted during Full Committee consideration of H.R. 4901. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

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

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

relates to the terms and conditions of employment or access to public services and accommodations. This bill reauthorizes the Scholarships for Opportunity and Results Act. As such this bill does not 

relate to employment or access to public services and accommodations. 


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STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

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

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

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

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

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

DUPLICATION OF FEDERAL PROGRAMS

No provision of this bill establishes or reauthorizes a program of 

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

Government Accountability Office to Congress pursuant to section 

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

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting this bill does not direct 

the completion of any specific rule makings within the meaning of 

5 U.S.C. 551. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement as to whether the 

provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

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

XXI. 

COMMITTEE ESTIMATE

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

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

a timely submitted cost estimate of the bill prepared by the DirecVerDate Sep 11 2014 07:24 Apr 26, 2016 Jkt 059006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR522.XXX HR522

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tor of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

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

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

Congressional Budget Act of 1974 and with respect to requirements 

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

1974, the Committee has received the following cost estimate for 

this bill from the Director of Congressional Budget Office: 

APRIL 21, 2016. 

Hon. JASON CHAFFETZ, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4901, the Scholarships for 

Opportunity and Results Reauthorization Act. 

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

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

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 4901—Scholarships for Opportunity and Results Reauthorization Act 

Summary: H.R. 4901 would amend and reauthorize the Scholarships for Opportunity and Results Act and would authorize the appropriation of $60 million for each of fiscal years 2017 through 

2021. CBO estimates that enacting H.R. 4901 would cost $300 million over the 2017–2021 period, assuming appropriation of the authorized amounts. 

Enacting H.R. 4901 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply to this legislation. 

CBO estimates that enacting H.R. 4901 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2027. 

H.R. 4901 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Any costs to the District of Columbia would be incurred voluntarily 

and would result from complying with conditions of assistance. 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 4901 is shown in the following table. The costs 

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

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2017– 

2021 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 60 60 60 60 60 300 

Estimated Outlays ........................................................................ 60 60 60 60 60 300 


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Basis of estimate: H.R. 4901 would authorize the appropriation 

of $60 million for each of fiscal years 2017 through 2021. The program is currently authorized through fiscal year 2016 at $60 million annually. In fiscal year 2016, the Congress appropriated $45 

million for this program. 

The bill would direct the funds to be divided equally for the following three purposes: 

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

meet certain criteria under the D.C. Opportunity Scholarship 

Program; 

• To improve public education in the District of Columbia; 

and 

• To improve and expand quality public charter schools in 

the District of Columbia. 

Based on historical spending patterns for this program and assuming appropriation of the authorized amounts, CBO projects 

that enacting the bill would cost $300 million over the 2017–2021 

period. 

Pay-as-you-go considerations: None. 

Increase in long-term net direct spending and deficits: CBO estimates that enacting H.R. 4901 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

Intergovernmental and private-sector impact: H.R. 4901 contains 

no intergovernmental or private-sector mandates as defined in 

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

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

students choose to attend private schools, the District of Columbia 

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

Previous CBO estimates: On October 16, 2015, CBO transmitted 

an estimate for H.R. 10, the Scholarships for Opportunity and Results Reauthorization Act, as ordered reported by the House Committee on Oversight and Government Reform on October 9, 2015. 

The two pieces of legislation are similar but CBO’s estimate of the 

budgetary effects of H.R. 4901 includes an additional year. 

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

State, Local, and Tribal Governments: Jon Sperl; Impact on the 

Private Sector: Paige Piper/Bach. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

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

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

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

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

roman): 


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SECTION 817 OF THE CONSOLIDATED APPROPRIATIONS 

ACT, 2016 

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

Scholarship Program School Certification Requirements Act’’. 

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

ø(1) in paragraph (4)— 

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

semicolon; 

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

end and inserting a semicolon; and 

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

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

or regional accrediting agency that is recognized in the 

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

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

State Superintendent for Schools for the purposes of accrediting an elementary or secondary school; or 

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

school as of the day before the date of enactment of 

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

not meet the requirements of clause (i)— 

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

enactment, is pursuing accreditation by a national 

or regional accrediting agency recognized in the 

District of Columbia School Reform Act of 1995 

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

any other accrediting body deemed appropriate by 

the Office of the State Superintendent for Schools 

for the purposes of accrediting an elementary or 

secondary school; and 

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

of enactment, is provisionally or fully accredited 

by such accrediting agency, except that an eligible 

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

entity from such accrediting agency that the 

school’s application for accreditation is in process 

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

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

employees who have direct and unsupervised interaction 

with students; and 

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

regarding the reporting requirements described in section 

3010.’’; and 

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

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

Act, the school shall not become a participating school and 


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none of the funds provided under this division for opportunity 

scholarships may be used by an eligible student to enroll in 

that school unless the school— 

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

recognized in the District of Columbia School Reform Act 

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

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

and 

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

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

shall assist the parents of a participating eligible student in 

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

used, if— 

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

school and may no longer use opportunity scholarship 

funds for enrollment in that participating private school 

because such school fails to meet a requirement under 

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

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

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

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

Stat. 203) is further amended— 

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

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

ø‘‘(d) REPORTS TO ELIGIBLE ENTITIES.—The eligible entity receiving funds under section 3004(a) shall ensure that each participating school under this division submits to the eligible entity beginning not later than 5 years after the date of the enactment of 

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

provisional or full accreditation, or has been granted an extension 

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

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

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

date of enactment of this Act.¿ 

SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT 

* * * * * * * 

DIVISION C—SCHOLARSHIPS FOR 

OPPORTUNITY AND RESULTS ACT 

* * * * * * * 

SEC. 3003. PURPOSE. 

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


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who attend elementary schools or secondary schools implementing 

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

parents of students who attend an elementary school or secondary 

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

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

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

security, and the students in the District of Columbia public 

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

SEC. 3004. GENERAL AUTHORITY. 

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

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

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

with expanded school choice opportunities. The Secretary may 

award a single grant or multiple grants, depending on the 

quality of applications submitted and the priorities of this division. 

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

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

(3) PROHIBITING IMPOSITION OF LIMITS ON ELIGIBLE STU- DENTS PARTICIPATING IN THE PROGRAM.— (A) IN GENERAL.—In carrying out the program under this 

division, the Secretary may not limit the number of eligible 

students receiving scholarships under section 3007(a), and 

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

the following: 

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

(ii) Whether or not the student previously received a 

scholarship or participated in the program, including 

whether an eligible student was awarded a scholarship 

in any previous year but has not used the scholarship, 

regardless of the number of years of nonuse. 

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

control group used by the Institute of Education 

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

(B) RULE OF CONSTRUCTION.—Nothing in subparagraph 

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

program under this Act must carry out a random selection 

process, which gives weight to the priorities described in 

section 3006, if more eligible students seek admission in the 

program than the program can accommodate. 

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

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

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


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

education in the District of Columbia; and 

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

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

SEC. 3005. APPLICATIONS. 

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

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

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

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

application includes— 

(1) a detailed description of— 

(A) how the entity will address the priorities described 

in section 3006; 

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

program can accommodate, eligible students are selected 

for admission through a random selection process which 

gives weight to the priorities described in section 3006; 

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

eligible students seek admission to a participating school 

than the school can accommodate, participating eligible 

students are selected for admission through a random selection process; 

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

of the expanded choice opportunities in order to allow the 

parents to make informed decisions; 

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

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

3007(a); 

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

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

payment of tuition, fees, and transportation expenses, if 

any; 

(G) how the entity will seek out private elementary 

schools and secondary schools in the District of Columbia 

to participate in the program; 

(H) how the entity will ensure that each participating 

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

(I) how the entity will ensure that participating schools 

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

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

school year¿; 

(J) how the entity will ensure that participating schools 

are financially responsible and will use the funds received 

under section 3007 effectively; 

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

participating schools in which 85 percent or more of the 

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pating eligible students that receive and use an opportunity 

scholarship; 

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

scholarships to participating eligible students, including 

continued eligibility; øand¿ 

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

its voting board members or governing organization are 

residents of the District of Columbia; and 

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

(i) utilizes internal fiscal and quality controls; and 

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

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

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

SEC. 3006. PRIORITIES. 

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

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

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

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

the school year for which the eligible students are seeking 

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

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

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

lowest-performing schools under the District of Columbia’s 

accountability system; and 

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

a preceding year under this division or the DC School 

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

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

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

not used the scholarship, including eligible students who 

were provided notification of selection for a scholarship for 

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

and¿ 

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

other child who is already participating in the program of 

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

have, in the past, attended a private school; 

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

options; and 

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

educational options. 

SEC. 3007. USE OF FUNDS. 

(a) OPPORTUNITY SCHOLARSHIPS.— 


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

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

transportation expenses, if any, to enable the eligible students 

to attend the District of Columbia private elementary school or 

secondary school of their choice beginning in school year 2011- 

2012. Each such eligible entity shall ensure that the amount 

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

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

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

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

grant under section 3004(a) shall make scholarship payments 

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

the eligible student participating in the program, in a manner 

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

accordance with this division. 

(3) AMOUNT OF ASSISTANCE.— 

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

requirements of this section, an eligible entity receiving a 

grant under section 3004(a) may award scholarships in 

larger amounts to those eligible students with the greatest 

need. 

(B) ANNUAL LIMIT ON AMOUNT.— 

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

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

(I) $8,000 for attendance in kindergarten 

through grade 8; and 

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

12. 

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

adjust the maximum amounts of assistance described 

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

the Consumer Price Index for All Urban Consumers, 

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

(4) PARTICIPATING SCHOOL REQUIREMENTS.—None of the 

funds provided under this division for opportunity scholarships 

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

private school unless the participating school— 

(A) has and maintains a valid certificate of occupancy 

issued by the District of Columbia; 

(B) makes readily available to all prospective students 

information on its school accreditation; 

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

5 years or less, submits to the eligible entity administering 

the program proof of adequate financial resources reflectVerDate Sep 11 2014 07:24 Apr 26, 2016 Jkt 059006 PO 00000 Frm 00022 Fmt 6659 Sfmt 6601 E:\HR\OC\HR522.XXX HR522

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ing the financial sustainability of the school and the 

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

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

necessary by the eligible entity pursuant to section 

3005(b)(1)(I); 

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

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

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

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

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

the United States.¿ 

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

was awarded in or outside of the United States; 

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

students; and 

(H) complies with all requests for data and information 

regarding the reporting requirements described in section 

3010. 

(5) ACCREDITATION REQUIREMENTS.— 

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

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

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

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

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

section 2202(16) of the District of Columbia School 

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

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

(II) if such participating school does not meet the 

requirements of subclause (I)— 

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

enactment of the Consolidated Appropriations 

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

pursuing full accreditation by an accrediting 

body described in subclause (I); and 

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

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

item (aa); and 

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

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


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24 

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

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

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

(C) ASSISTING STUDENTS IN ENROLLING IN OTHER

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

the parents of the participating eligible students who attend 

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

(6) TREATMENT OF STUDENTS AWARDED A SCHOLARSHIP IN A

PREVIOUS YEAR.—An eligible entity shall treat a participating 

eligible student who was awarded an opportunity scholarship 

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

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

as to— 

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

and 

(B) the year in which the scholarship was previously 

awarded. 

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

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

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

the year, including— 

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

ø(2) selecting eligible students to receive scholarships; 

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

scholarships to eligible students; 

ø(4) compiling and maintaining financial and programmatic 

records; and 

ø(5) conducting site visits as described in section 

3005(b)(1)(I). 

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

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

amount provided under the grant each year for the expenses of 

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

and assisting parents through the application process, under this 

division, including— 

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

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

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

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

(b) ADMINISTRATIVE EXPENSES AND PARENTAL ASSISTANCE.—The 

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

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

expenses: 

(1) The administrative expenses of carrying out its program 

under this division during the year, including— 


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(A) determining the eligibility of students to participate; 

(B) selecting the eligible students to receive scholarships; 

(C) determining the amount of the scholarships and 

issuing the scholarships to eligible students; 

(D) compiling and maintaining financial and programmatic records; 

(E) conducting site visits as described in section 

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

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

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

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

the date of enactment of the SOAR Reauthorization Act, 

submitting a report to Congress that contains the results of 

such study. 

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

the application process under this division, including— 

(A) providing information about the program and the 

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

available at participating schools; 

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

(C) streamlining the application process for parents. 

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

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

who øpreviously attended an elementary school or secondary school 

that was implementing comprehensive support and improvement 

activities or targeted support and improvement activities under 

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

1965.¿ previously attended an elementary school or secondary school 

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

of Columbia’s accountability system. 

(d) REQUIRING USE OF FUNDS REMAINING UNOBLIGATED FROM

PREVIOUS FISCAL YEARS.— 

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

for the opportunity scholarship program under this division for 

any fiscal year remain available for subsequent fiscal years 

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

available to eligible entities receiving grants under section 

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

(A) in the case of any remaining funds that were appropriated before the date of enactment of the SOAR Reauthorization Act, beginning on the date of enactment of such Act; 

and 


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

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

of the first subsequent fiscal year. 

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

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

use— 

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

provide additional scholarships for eligible students under 

section 3007(a), or to increase the amount of the scholarships, during such year; and 

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

funds for administrative expenses, parental assistance, or 

tutoring, as described in subsections (b) and (c), during 

such year. 

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

available for such purposes in accordance with subsections (b) 

and (c). 

* * * * * * * 

SEC. 3009. EVALUATIONS. 

ø(a) IN GENERAL.— 

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

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

of Education Sciences of the Department of Education to 

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

division; 

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

evaluate the use of funds authorized and appropriated for 

the District of Columbia public schools and the District of 

Columbia public charter schools under this division; and 

ø(C) make the evaluations described in subparagraphs 

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

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

grant, contract, or cooperative agreement, shall— 

ø(A) ensure that the evaluation under paragraph 

(1)(A)— 

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

opportunity scholarship program under this division; 

and 

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

and 

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

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

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


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

Institute of Education Sciences of the Department of Education 

shall— 

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

standardized test each school year to assess participating 

eligible students in a manner consistent with section 

3008(h); 

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

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

parents of each student who applies for a scholarship 

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

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

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

Sciences for the period for which the student applied for or 

received the scholarship, respectively, except that nothing 

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

opportunity scholarship as provided under section 3006. 

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

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

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

and achievement of the eligible students in the same 

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

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

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

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

schools. 

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

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

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

such program. 

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

by participating eligible students and the schools in the 

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

students and parents. 

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

in the District of Columbia. 


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

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

place such term appears. 

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

to whom the information relates.¿ 

(a) IN GENERAL.— 

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

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

Education Sciences of the Department of Education to 

evaluate annually the opportunity scholarship program 

under this division; 

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

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

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

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

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

grant, contract, or cooperative agreement, shall— 

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

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

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

opportunity scholarships; and 

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

and 

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

(i) in increasing academic achievement and educational attainment of participating eligible students 

who use an opportunity scholarship; and 

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

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

Institute of Education Sciences of the Department of Education 

shall— 

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

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

the administration of the same reading and mathematics 

assessment used by the District of Columbia public schools 

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

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

in the grades described in subparagraph (A); and 


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(C) work with eligible entities receiving a grant under 

this division to ensure that the parents of each student who 

is a participating eligible student that uses an opportunity 

scholarship agrees to permit their child to participate in the 

evaluations and assessments carried out by the Institute of 

Education Sciences under this subsection. 

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

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

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

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

academic achievement of a comparison group of students 

with similar backgrounds in the District of Columbia public schools. 

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

students and increasing the satisfaction of such parents 

and students with their choice. 

(C) The reasons parents of participating eligible students 

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

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

rates, and college graduation rates of participating eligible 

students who use an opportunity scholarship with the rates 

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

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

persistence rates, and college graduation rates of students 

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

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

persistence, and graduation rates for students who entered 

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

result, served as the control group for previous evaluations 

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

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

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

participating eligible students who use an opportunity 

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

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

and parents. 

(G) An assessment of student academic achievement at 

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

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

such as the impact of the program on public elementary 

schools and secondary schools in the District of Columbia. 

(5) PROHIBITING DISCLOSURE OF PERSONAL INFORMATION.— 


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

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

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

(B) STUDENTS NOT ATTENDING PUBLIC SCHOOLS.—With 

respect to any student who is not attending a public elementary school or secondary school, personally identifiable 

information obtained under this division shall only be disclosed to— 

(i) individuals carrying out the evaluation described 

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

(ii) the group of individuals providing information 

for carrying out the evaluation of such student; and 

(iii) the parents of such student. 

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

Appropriations, Education and the Workforce, and Oversight and 

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

and Homeland Security and Governmental Affairs of the Senate— 

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

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

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

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

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

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

of the evaluation of the program. 

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

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

public. 

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

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

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

SEC. 3010. REPORTING REQUIREMENTS. 

(a) ACTIVITIES REPORTS.—Each eligible entity receiving funds 

under section 3004(a) during a year shall submit a report to the 

Secretary not later than July 30 of the following year regarding the 

activities carried out with the funds during the preceding year. 

(b) ACHIEVEMENT REPORTS.— 

(1) IN GENERAL.—In addition to the reports required under 

subsection (a), each eligible entity receiving funds under section 3004(a) shall, not later than September 1 of the year during which the second school year of the entity’s program is 

completed and each of the next 2 years thereafter, submit to 

the Secretary a report, including any pertinent data collected 

in the preceding 2 school years, concerning— 

(A) the academic growth and achievement of students 

participating in the program; 


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(B) the high school graduation and college admission 

rates of students who participate in the program, where 

appropriate; and 

(C) parental satisfaction with the program. 

(2) PROHIBITING DISCLOSURE OF PERSONAL INFORMATION.—No 

report under this subsection may contain any personally identifiable information. 

(c) REPORTS TO PARENTS.— 

(1) IN GENERAL.—Each eligible entity receiving funds under 

section 3004(a) shall ensure that each school participating in 

the entity’s program under this division during a school year 

reports at least once during the year to the parents of each of 

the school’s students who are participating in the program 

on— 

(A) the student’s academic achievement, as measured by 

a comparison with the aggregate academic achievement of 

other participating students at the student’s school in the 

same grade or level, as appropriate, and the aggregate academic achievement of the student’s peers at the student’s 

school in the same grade or level, as appropriate; 

(B) the safety of the school, including the incidence of 

school violence, student suspensions, and student expulsions; and 

(C) the accreditation status of the school. 

(2) PROHIBITING DISCLOSURE OF PERSONAL INFORMATION.—No 

report under this subsection may contain any personally identifiable information, except as to the student who is the subject 

of the report to that student’s parent. 

ø(d) REPORTS TO ELIGIBLE ENTITIES.—The eligible entity receiving funds under section 3004(a) shall ensure that each participating school under this division submits to the eligible entity beginning not later than 5 years after the date of the enactment of 

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

provisional or full accreditation, or has been granted an extension 

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

ø(e)¿ (d) REPORT TO CONGRESS.—Not later than 6 months after 

the first appropriation of funds under section 3014, and each succeeding year thereafter, the Secretary shall submit to the Committees on Appropriations, Education and the Workforce, and Oversight and Government Reform of the House of Representatives and 

the Committees on Appropriations, Health, Education, Labor, and 

Pensions, and Homeland Security and Governmental Affairs of the 

Senate, an annual report on the findings of the reports submitted 

under subsections (a) and (b). 

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

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

public schools and the District of Columbia public charter schools, 

the Mayor shall agree to carry out the following: 

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

Columbia public schools and the District of Columbia public 

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


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

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

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

3009(a). 

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

public charter schools under this division. 

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

the first appropriation of funds under section 3014, and each 

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

the Committee on Oversight and Government Reform of the 

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

(A) how the funds authorized and appropriated under 

this division for the District of Columbia public schools 

and the District of Columbia public charter schools were 

used in the preceding school year; and 

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

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

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

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

Columbia public charter schools.¿ 

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

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

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

(1) the funds otherwise authorized to be appropriated under 

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

of Columbia public schools; 

(2) the funds otherwise authorized to be appropriated under 

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

of Columbia public charter schools; or 

(3) the funds otherwise authorized to be appropriated under 

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

District of Columbia public charter schools. 

(c) SPECIFIC RULES REGARDING FUNDS PROVIDED FOR SUPPORT

OF PUBLIC CHARTER SCHOOLS.—The following rules shall apply 

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

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

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


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

District of Columbia may transfer the funds to subgrantees that 

are— 

(A) specific District of Columbia public charter schools or 

networks of such schools; or 

(B) District of Columbia-based nonprofit organizations 

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

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

District of Columbia public charter schools shall be available to 

any District of Columbia public charter school in good standing 

with the District of Columbia Charter School Board, and the 

Office of the State Superintendent of Education of the District 

of Columbia and the District of Columbia Charter School 

Board may not restrict the availability of such funds to certain 

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

body, or the school’s facilities. 

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

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

this division for the opportunity scholarship program under this division. 

* * * * * * * 

SEC. 3013. DEFINITIONS. 

As used in this division: 

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

means— 

(A) mathematics; 

(B) science; and 

(C) English, reading, or language arts. 

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

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

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

any of the following: 

(A) A nonprofit organization. 

(B) A consortium of nonprofit organizations. 

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

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

and comes from a household— 

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

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

(B) whose income does not exceed— 

(i) 185 percent of the poverty line; or 

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

preceding year under this division or the DC School 

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

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

day before the date of enactment of this division, 300 

percent of the poverty line. 


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

District of Columbia. 

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

that term in section 8101 of the Elementary and Secondary 

Education Act of 1965. 

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

an opportunity scholarship under this division, without regard 

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

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

school’’ means a private elementary school or secondary school 

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

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

meaning given that term in section 8101 of the Elementary 

and Secondary Education Act of 1965. 

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

means an institutional day or residential school, including a 

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

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

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

Secretary of Education. 

SEC. 3014. AUTHORIZATION OF APPROPRIATIONS. 

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

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

fiscal years¿ and for each fiscal year through fiscal year 2021, of 

which— 

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

year; 

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

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

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

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

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

under subsection (a) for a fiscal year does not equal $60,000,000, 

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

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

including amounts appropriated and available under such subsection before the date of enactment of the SOAR Reauthorization 

Act, shall remain available until expended. 


emcdonald on DSK67QTVN1PROD with HEARING
(35) 

1Letter from Chairman Jason Chaffetz, House Committee on Oversight and Government Reform, and 19 other Members to the House Appropriations Committee (Mar. 17, 2016). 2 Rule XXI, Clause 2. 

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

Scholarship Program: Final Report (June 2010). 4 Institute of Education Sciences, Department of Education, Evaluation of the DC Opportunity 

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

Act (Oct. 2014). 

MINORITY VIEWS 

The Committee’s consideration of H.R. 4901 may be unprecedented. In October 2015, the Committee and the House passed 

H.R. 10, which was substantially similar to H.R. 4901. The Senate 

has not acted on H.R. 10 or the Senate companion bill, S. 2171. We 

have never seen the Committee take action a second time in the 

same Congress on a bill that the House has already passed, but 

that has received no action in the Senate. 

We are particularly perplexed by the Committee’s consideration 

of the bill in light of the Majority’s effort to include it in a House 

fiscal year 2017 appropriations bill.1 Legislating on an appropriations bill violates House rules and cedes this Committee’s authorizing jurisdiction.2 We object to this request and urge regular 

order, which in this case would be to await Senate action, if any, 

on H.R. 10 or S. 2171. 

We oppose H.R. 4901 for the same reasons we opposed H.R. 10: 

the District of Columbia voucher program has failed to improve 

academic achievement; D.C. has a robust public school choice system; and the program exempts students from the protection of federal civil rights laws. 

According to a Department of Education study mandated by statute, the program has not improved academic achievement, as 

measured by math and reading test scores, and has had ‘‘no significant impacts’’ on the academic achievement of students from the 

lowest performing public schools.3

Previous authorizations of the program mandated an evaluation 

of its effectiveness. The authorizations required ‘‘the strongest possible research design for determining the effectiveness of the . . . 

program,’’ and the evaluation utilized the gold standard of scientific 

research, a randomized controlled trial. 

H.R. 4901 abandons this commitment to rigorous evaluation. It 

requires that an evaluation be ‘‘conducted using an acceptable 

quasi-experimental research design,’’ and it expressly prohibits a 

randomized controlled trial. According to evaluators of the program, a randomized controlled trial ‘‘is especially important in the 

context of school choice because families wanting to apply for a 

choice program may have educational goals and aspirations that 

differ from the average family.’’ 4


emcdonald on DSK67QTVN1PROD with HEARING
36 

5D.C. Public Charter School Board, Facts and Figures: Market Share (online at 

www.depcsb.org/facts-and-figures-market-share) accessed April 19, 2016). 6 Very Few D.C. Students Attend Assigned Schools, Data Show, Washington Post (Feb. 19, 

2014) (online at www.washingtonpost.com/blogs/local/wp/2014/02/19/very-few-d-c-studentsattend-assigned-schools-data-show). 7Department of Defense and Full-Year Continuing Appropriations Act, 2011, Pub. L. No. 112– 

10, and Consolidated Appropriations Act, 2004, Pub. L. No. 108–199. 8Letter from Mayor Muriel Bowser, District of Columbia, et al. to House and Senate Leadership (Mar. 7, 2016). 

The District has a robust public school choice system in which 

45% of public school students attend charter schools,5 and 75% of 

public school students attends out-of-boundary public schools.6

The D.C. voucher program was the first federal elementary and 

secondary private school voucher program in the country, and it remains the only such program. Congress has repeatedly rejected efforts to create a national voucher program. Last year, both the 

House and Senate considered several national voucher amendments during reauthorization of the Elementary and Secondary 

Education Act, but none passed. 

The D.C. voucher program has never been authorized through 

regular order. When Congress first created the program in 2004, 

and then reauthorized it in 2011, it did so by adding voucher bills 

as riders to appropriations bills.7 The Senate has never passed a 

stand-alone D.C. voucher bill. 

In a letter to Congress on March 7, 2016, D.C. Mayor Muriel 

Bowser and 8 of 13 D.C. Council Members did not support the 

voucher program itself, but rather supported the bill because it reauthorizes D.C. public and charter school funding.8 These officials 

recognize that Republicans have conditioned reauthorization of 

public and charter school funding on reauthorization of the voucher 

program funding. 

We acknowledge the D.C. government’s concern about losing public and charter school funding, which has been part of D.C.’s education budget for a decade. During creation of the voucher program, 

Congresswoman Eleanor Holmes Norton, with the assistance of the 

Archbishop of Washington, insisted that public and charter school 

funding be provided in conjunction with voucher program funding. 

Finally, the program exempts students from the protection of federal civil rights laws that apply to public schools and federally 

funded programs, including Title IV and VI of the Civil Rights Act 

of 1964; Title IX of the Education Amendments Act of 1972; the 

Equal Educational Opportunities Act of 1974; the Individuals with 

Disabilities Education Act; and the Rehabilitation Act of 1973. 

Under the program, the federal funding is considered assistance to 

the student and not to the school. Students should not have to give 

up the protection of federal civil rights laws to participate in a federal program. 

ELIJAH E. CUMMINGS. 

ELEANOR HOLMES NORTON. 

GERALD E. CONNOLLY. 

Æ 


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