II 

113TH CONGRESS 

2D SESSION S. 1909 

To expand opportunity through greater choice in education, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 9, 2014 

Mr. SCOTT (for himself and Mr. ALEXANDER) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To expand opportunity through greater choice in education, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Creating Hope and 

5 Opportunity for Individuals and Communities through 

6 Education Act’’ or the ‘‘CHOICE Act’’. 


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1 TITLE I—IMPROVING THE 

2 SCHOLARSHIPS FOR OPPOR3 TUNITY AND RESULTS ACT 

4 SEC. 101. PURPOSE. 

5 The purpose of this title is to amend the Scholarships 

6 for Opportunity and Results Act (Public Law 112–10, 125 

7 Stat. 199) in order to improve provisions concerning op8 portunity scholarships available for low-income students in 

9 the District of Columbia. 

10 SEC. 102. IMPROVEMENTS TO THE SCHOLARSHIPS FOR OP11 PORTUNITY AND RESULTS ACT. 

12 (a) CARRYOVER AMOUNTS.—Section 3014 of division 

13 C of the Department of Defense and Full-Year Continuing 

14 Appropriations Act, 2011 (Public Law 112–10, 125 Stat. 

15 211) is amended by adding at the end the following: 

16 ‘‘(c) CARRYOVER AMOUNTS.— 

17 ‘‘(1) IN GENERAL.—Amounts appropriated 

18 under this section shall remain available until ex19 pended. 

20 ‘‘(2) USE OF CARRYOVER AMOUNTS.—Of the 

21 funds appropriated under this section that are unob22 ligated, are not expended in the fiscal year for which 

23 such funds are appropriated, and are not necessary 

24 for the continuation of the scholarships already 


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1 awarded, the Secretary shall, for the subsequent fis2 cal year— 

3 ‘‘(A) use 2 percent of such funds to carry 

4 out outreach and parental education and assist5 ance activities described in section 3007(c) that 

6 are in addition to any such activities carried out 

7 by an eligible entity under such section; and 

8 ‘‘(B) use the remaining amount of such 

9 funds to provide opportunity scholarships to eli10 gible students who have not previously received 

11 such a scholarship.’’. 

12 (b) CLARIFICATION IN STUDENT ELIGIBILITY.—Sec13 tion 3013(3) of division C of the Department of Defense 

14 and Full-Year Continuing Appropriations Act, 2011 (Pub15 lic Law 112–10, 125 Stat. 211) is amended, in the matter 

16 preceding subparagraph (A), by inserting ‘‘, is enrolled, 

17 or will be enrolled for the next school year, in a public 

18 or private elementary school or secondary school,’’ after 

19 ‘‘District of Columbia’’. 

20 TITLE II—EDUCATION PORT21 ABILITY FOR INDIVIDUALS 

22 WITH DISABILITIES 

23 SEC. 201. PURPOSE. 

24 The purpose of this title is to provide options to 

25 States to innovate and improve the education of children 


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1 with disabilities by expanding the choices for students and 

2 parents under the Individuals with Disabilities Education 

3 Act (20 U.S.C. 1400 et seq.). 

4 SEC. 202. AMENDMENTS TO THE INDIVIDUALS WITH DIS5 ABILITIES EDUCATION ACT. 

6 (a) CHILDREN ENROLLED IN PRIVATE SCHOOLS BY

7 THEIR PARENTS.—Section 612(a)(10)(A) of the Individ8 uals with Disabilities Education Act (20 U.S.C. 

9 1412(a)(10)(A)) is amended by adding at the end the fol10 lowing: 

11 ‘‘(viii) PARENT OPTION PROGRAM.—If 

12 a State has established a program that 

13 meets the requirements of section 

14 663(c)(11) (whether statewide or in limited 

15 areas of the State) and that allows a par16 ent of a child described in section 

17 663(c)(11)(A) to use public funds, or pri18 vate funds in accordance with 

19 633(c)(11)(B)(ii), to pay some or all of the 

20 costs of attendance at a private school— 

21 ‘‘(I) funds allocated to the State 

22 under section 611 may be used by the 

23 State to supplement such public or 

24 private funds, if the Federal funds are 

25 distributed to parents who make a 


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1 genuine independent choice as to the 

2 appropriate school for their child, ex3 cept that in no case shall the amount 

4 of Federal funds provided under this 

5 subclause to a parent of a child with 

6 a disability for a year exceed the total 

7 amount of tuition, fees, and transpor8 tation costs for the child for the year; 

9 ‘‘(II) the authorization of a par10 ent to exercise this option fulfills the 

11 State’s obligation under paragraph (1) 

12 with respect to the child during the 

13 period in which the child is enrolled in 

14 the selected school; and 

15 ‘‘(III) a selected school accepting 

16 such funds shall not be required to 

17 carry out any of the requirements of 

18 this title with respect to such child.’’. 

19 (b) RESEARCH AND INNOVATION TO IMPROVE SERV20 ICES AND RESULTS FOR CHILDREN WITH DISABIL21 ITIES.—Section 663(c) of the Individuals with Disabilities 

22 Education Act (20 U.S.C. 1463(c)) is amended— 

23 (1) in paragraph (9), by striking ‘‘and’’ after 

24 the semicolon; 


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1 (2) in paragraph (10), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(11) supporting the post-award planning and 

5 design, and the initial implementation (which may 

6 include costs for informing the community, acquiring 

7 necessary equipment and supplies, and other initial 

8 operational costs), during a period of not more than 

9 3 years, of State programs that allow the parent of 

10 a child with a disability to make a genuine inde11 pendent choice of the appropriate public or private 

12 school for their child, if the program— 

13 ‘‘(A) requires that the child be a child who 

14 has received an initial evaluation described in 

15 section 614(a) and has been identified as a 

16 child with a disability, in accordance with part 

17 B; 

18 ‘‘(B)(i) permits the parent to receive from 

19 the State funds to be used to pay some or all 

20 of the costs of attendance at the selected school 

21 (which may include tuition, fees, and transpor22 tation costs); or 

23 ‘‘(ii) permits persons to receive a State tax 

24 credit for donations to an entity that provides 

25 funds to parents of eligible students described 


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1 in subparagraph (A), to be used by the parents 

2 to pay some or all of the costs of attendance at 

3 the selected school (which may include tuition, 

4 fees, and transportation costs); 

5 ‘‘(C) prohibits any school that agrees to 

6 participate in the program from discriminating 

7 against eligible students on the basis of race, 

8 color, national origin, or sex, except that— 

9 ‘‘(i) the prohibition of sex discrimina10 tion shall not apply to a participating 

11 school that is operated by, supervised by, 

12 controlled by, or connected to a religious 

13 organization to the extent that the applica14 tion of such prohibition is inconsistent with 

15 the religious tenets or beliefs of the school; 

16 and 

17 ‘‘(ii) notwithstanding this subpara18 graph or any other provision of law, a par19 ent may choose, and a school may offer, a 

20 single-sex school, class, or activity; 

21 ‘‘(D) notwithstanding any other provision 

22 of law, allows any school participating in the 

23 program that is operated by, supervised by, 

24 controlled by, or connected to, a religious orga25 nization to exercise its right in matters of emVerDate Mar 15 2010 03:06 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1909.IS S1909

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1 ployment consistent with title VII of the Civil 

2 Rights Act of 1964 (42 U.S.C. 2000e et seq.), 

3 including the exemptions in that title; 

4 ‘‘(E) allows a school to participate in the 

5 program without, consistent with the First 

6 Amendment of the Constitution of the United 

7 States— 

8 ‘‘(i) necessitating any change in the 

9 participating school’s teaching mission; 

10 ‘‘(ii) requiring any private partici11 pating school to remove religious art, 

12 icons, scriptures, or other symbols; or 

13 ‘‘(iii) precluding any private partici14 pating school from retaining religious 

15 terms in its name, selecting its board 

16 members on a religious basis, or including 

17 religious references in its mission state18 ments and other chartering or governing 

19 documents; and 

20 ‘‘(F) requires a participating school se21 lected for a child with a disability to be aca22 demically accountable to the parent for meeting 

23 the educational needs of the student.’’. 


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1 TITLE III—MILITARY 

2 SCHOLARSHIPS 

3 SEC. 301. PURPOSE. 

4 The purpose of this title is to ensure high-quality 

5 education for children of military personnel who live on 

6 military installations and thus have less freedom to exer7 cise school choice for their children, in order to improve 

8 the ability of the Armed Forces to retain such military 

9 personnel. 

10 SEC. 302. MILITARY SCHOLARSHIP PROGRAM. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ESEA DEFINITIONS.—The terms ‘‘child’’, 

13 ‘‘elementary school’’, ‘‘secondary school’’, and ‘‘local 

14 educational agency’’ have the meanings given the 

15 terms in section 9101 of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 7801). 

17 (2) ELIGIBLE MILITARY STUDENT.—The term 

18 ‘‘eligible military student’’ means a child who— 

19 (A) is a military dependent student; 

20 (B) lives on a military installation selected 

21 to participate in the program under subsection 

22 (b)(2); and 

23 (C) chooses to attend a participating 

24 school, rather than a school otherwise assigned 

25 to the child. 


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1 (3) MILITARY DEPENDENT STUDENT.—The 

2 term ‘‘military dependent student’’ has the meaning 

3 given the term in section 572(e) of the National De4 fense Authorization Act for Fiscal Year 2006 (20 

5 U.S.C. 7703b(e)). 

6 (4) PARTICIPATING SCHOOL.—The term ‘‘par7 ticipating school’’ means a public or private elemen8 tary school or secondary school that— 

9 (A) accepts scholarship funds provided 

10 under this section on behalf of an eligible mili11 tary student for the costs of tuition, fees, or 

12 transportation of the eligible military student; 

13 and 

14 (B) is accredited, licensed, or otherwise op15 erating in accordance with State law. 

16 (5) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Defense. 

18 (b) PROGRAM AUTHORIZED.— 

19 (1) IN GENERAL.—From amounts made avail20 able under subsection (g) and beginning for the first 

21 full school year following the date of enactment of 

22 this Act, the Secretary shall carry out a 5-year pilot 

23 program to award scholarships to enable eligible 

24 military students to attend the public or private eleVerDate Mar 15 2010 03:06 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1909.IS S1909

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1 mentary schools or secondary schools selected by the 

2 eligible military students’ parents. 

3 (2) SCOPE OF PROGRAM.— 

4 (A) IN GENERAL.—The Secretary shall se5 lect not less than 5 military installations to par6 ticipate in the pilot program described in para7 graph (1). In making such selection, the Sec8 retary shall choose military installations where 

9 eligible military students would most benefit 

10 from expanded educational options. 

11 (B) INELIGIBILITY.—A military installa12 tion that provides, on its premises, education 

13 for all elementary school and secondary school 

14 grade levels through one or more Department 

15 of Defense dependents’ schools shall not be eli16 gible for participation in the program. 

17 (3) AMOUNT OF SCHOLARSHIPS.— 

18 (A) IN GENERAL.—The annual amount of 

19 each scholarship awarded to an eligible military 

20 student under this section shall not exceed the 

21 lesser of— 

22 (i) the cost of tuition, fees, and trans23 portation associated with attending the 

24 participating school selected by the parents 

25 of the student; or 


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1 (ii)(I) in the case of an eligible mili2 tary student attending elementary school— 

3 (aa) $8,000 for the first full 

4 school year following the date of en5 actment of this Act; or 

6 (bb) the amount determined 

7 under subparagraph (B) for each 

8 school year following such first full 

9 school year; or 

10 (II) in the case of an eligible military 

11 student attending secondary school— 

12 (aa) $12,000 for the first full 

13 school year following the date of en14 actment of this Act; or 

15 (bb) the amount determined 

16 under subparagraph (B) for each 

17 school year following such first full 

18 school year. 

19 (B) ADJUSTMENT FOR INFLATION.—For 

20 each school year after the first full school year 

21 following the date of enactment of this Act, the 

22 amounts specified in subclauses (I) and (II) of 

23 subparagraph (A)(ii) shall be adjusted to reflect 

24 changes for the 12-month period ending the 

25 preceding June in the Consumer Price Index 


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1 for All Urban Consumers published by the Bu2 reau of Labor Statistics of the Department of 

3 Labor. 

4 (4) PAYMENTS TO PARENTS.—The Secretary 

5 shall make scholarship payments under this section 

6 to the parent of the eligible military student in a 

7 manner that ensures such payments will be used for 

8 the payment of tuition, fees, and transportation ex9 penses (if any) in accordance with this section. 

10 (c) SELECTION OF SCHOLARSHIPS RECIPIENTS.— 

11 (1) RANDOM SELECTION.—If more eligible mili12 tary students apply for scholarships under the pro13 gram under this section than the Secretary can ac14 commodate, the Secretary shall select the scholar15 ship recipients through a random selection process 

16 from students who submitted applications by the ap17 plication deadline specified by the Secretary. 

18 (2) CONTINUED ELIGIBILITY.— 

19 (A) IN GENERAL.—An individual who is 

20 selected to receive a scholarship under the pro21 gram under this section shall continue to re22 ceive a scholarship for each year of the program 

23 until the individual— 


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1 (i) graduates from secondary school or 

2 elects to no longer participate in the pro3 gram; 

4 (ii) exceeds the maximum age for 

5 which the State in which the student lives 

6 provides a free public education; or 

7 (iii) is no longer an eligible military 

8 student. 

9 (B) CONTINUED PARTICIPATION FOR MILI10 TARY TRANSFERS.— 

11 (i) TRANSFER TO PRIVATE NON-MILI12 TARY HOUSING.—Notwithstanding sub13 paragraph (A)(iii), an individual receiving 

14 a scholarship under this section for a 

15 school year who meets the requirements of 

16 subparagraphs (A) and (C) of subsection 

17 (a)(2) and whose family, during such 

18 school year, moves into private non-mili19 tary housing that is not considered to be 

20 part of the military installation, shall con21 tinue to receive the scholarship for use at 

22 the participating school for the remaining 

23 portion of the school year. 

24 (ii) TRANSFER TO A DIFFERENT MILI25 TARY INSTALLATION.—Notwithstanding 


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1 subparagraph (A)(iii), an individual receiv2 ing a scholarship under this section for a 

3 school year whose family is transferred to 

4 a different military installation shall no 

5 longer be eligible to receive such scholar6 ship beginning on the date of the transfer. 

7 Such individual may apply to participate in 

8 any program offered under this section for 

9 the new military installation for a subse10 quent school year, if such individual quali11 fies as an eligible military student for such 

12 school year. 

13 (d) NONDISCRIMINATION AND OTHER PROVISIONS.— 

14 (1) NON-DISCRIMINATION.—A participating 

15 school shall not discriminate against program par16 ticipants or applicants on the basis of race, color, 

17 national origin, or sex. 

18 (2) APPLICABILITY AND SINGLE-SEX SCHOOLS, 

19 CLASSES, OR ACTIVITIES.— 

20 (A) IN GENERAL.—Notwithstanding any 

21 other provision of law, the prohibition of sex 

22 discrimination in paragraph (1) shall not apply 

23 to a participating school that is operated by, su24 pervised by, controlled by, or connected to a re25 ligious organization to the extent that the appliVerDate Mar 15 2010 03:06 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1909.IS S1909

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1 cation of paragraph (1) is inconsistent with the 

2 religious tenets or beliefs of the school. 

3 (B) SINGLE-SEX SCHOOLS, CLASSES, OR

4 ACTIVITIES.—Notwithstanding paragraph (1) or 

5 any other provision of law, a parent may 

6 choose, and a participating school may offer, a 

7 single-sex school, class, or activity. 

8 (3) CHILDREN WITH DISABILITIES.—Nothing 

9 in this section may be construed to alter or modify 

10 the Individuals with Disabilities Education Act (20 

11 U.S.C. 1400 et seq.). 

12 (4) RULES OF CONDUCT AND OTHER SCHOOL

13 POLICIES.—A participating school, including the 

14 schools described in subsection (e), may require eli15 gible students to abide by any rules of conduct and 

16 other requirements applicable to all other students 

17 at the school. 

18 (e) RELIGIOUSLY AFFILIATED SCHOOLS.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provision of law, a participating school that is oper21 ated by, supervised by, controlled by, or connected 

22 to, a religious organization may exercise its right in 

23 matters of employment consistent with title VII of 

24 the Civil Rights Act of 1964 (42 U.S.C. 2000e et 

25 seq.), including the exemptions in that title. 


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1 (2) MAINTENANCE OF PURPOSE.—Notwith2 standing any other provision of law, funds made 

3 available under this title to eligible military students 

4 that are received by a participating school, as a re5 sult of their parents’ choice, shall not, consistent 

6 with the first amendment of the United States Con7 stitution— 

8 (A) necessitate any change in the partici9 pating school’s teaching mission; 

10 (B) require any private participating 

11 school to remove religious art, icons, scriptures, 

12 or other symbols; or 

13 (C) preclude any private participating 

14 school from retaining religious terms in its 

15 name, selecting its board members on a reli16 gious basis, or including religious references in 

17 its mission statements and other chartering or 

18 governing documents. 

19 (f) REPORTS.— 

20 (1) ANNUAL REPORTS.—Not later than July 30 

21 of the year following the year of the date of enact22 ment of this Act, and each subsequent year through 

23 the year in which the final report is submitted under 

24 paragraph (2), the Secretary shall prepare and sub25 mit to Congress an interim report on the scholarVerDate Mar 15 2010 03:06 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1909.IS S1909

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1 ships awarded under the pilot program under this 

2 section that includes the content described in para3 graph (3) for the applicable school year of the re4 port. 

5 (2) FINAL REPORT.—Not later than 90 days 

6 after the end of the pilot program under this section, 

7 the Secretary shall prepare and submit to Congress 

8 a report on the scholarships awarded under the pro9 gram that includes the content described in para10 graph (3) for each school year of the program. 

11 (3) CONTENT.—Each annual report under 

12 paragraph (1) and the final report under paragraph 

13 (2) shall contain— 

14 (A) the number of applicants for scholar15 ships under this section; 

16 (B) the number, and the average dollar 

17 amount, of scholarships awarded; 

18 (C) the number of participating schools; 

19 (D) the number of elementary school stu20 dents receiving scholarships under this section 

21 and the number of secondary school students 

22 receiving such scholarships; and 

23 (E) the results of a survey, conducted by 

24 the Secretary, regarding parental satisfaction 


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1 with the scholarship program under this sec2 tion. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $10,000,000 for each of fiscal years 2014 through 2018. 

6 (h) OFFSET IN DEPARTMENT OF EDUCATION SALA7 RIES.—Notwithstanding any other provision of law, for 

8 fiscal year 2014 and each of the 4 succeeding fiscal years, 

9 the Secretary of Education shall return to the Treasury 

10 $10,000,000 of the amounts made available to the Sec11 retary for salaries and expenses of the Department of 

12 Education for such year. 

Æ 


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