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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1552 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 145
111th CONGRESS
  1st Session
                                S. 1552

 To reauthorize the DC opportunity scholarship program, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2009

Mr. Lieberman (for himself, Ms. Collins, Mrs. Feinstein, Mr. Voinovich, 
Mr. Byrd, and Mr. Ensign) introduced the following bill; which was read 
                             the first time

                             July 31, 2009

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
 To reauthorize the DC opportunity scholarship program, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scholarships for Opportunity and 
Results Act of 2009'' or the ``SOAR Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Parents are best equipped to make decisions for their 
        children, including the educational setting that will best 
        serve the interests and educational needs of their child.
            (2) For many parents in the District of Columbia, public 
        school choice provided under the Elementary and Secondary 
        Education Act of 1965, as amended by the No Child Left Behind 
        Act of 2001, as well as under other public school choice 
        programs, is inadequate. More educational options are needed to 
        ensure all families in the District of Columbia have access to 
        a quality education. In particular, funds are needed to provide 
        low-income parents with enhanced public opportunities and 
        private educational environments, regardless of whether such 
        environments are secular or nonsecular.
            (3) Public school records raise persistent concerns 
        regarding health and safety problems in District of Columbia 
        public schools. For example, more than half of the District of 
        Columbia's teenage public school students attend schools that 
        meet the District of Columbia's definition of ``persistently 
        dangerous'' due to the number of violent crimes.
            (4) While the per student cost for students in the public 
        schools of the District of Columbia is one of the highest in 
        the United States, test scores for such students continue to be 
        among the lowest in the Nation. The National Assessment of 
        Educational Progress (NAEP), an annual report released by the 
        National Center for Education Statistics, reported in its 2007 
        study that students in the District of Columbia were being 
        outperformed by every State in the Nation. On the 2007 NAEP, 61 
        percent of fourth grade students scored ``below basic'' in 
        reading, and 51 percent scored ``below basic'' in mathematics. 
        Among eighth grade students, 52 percent scored ``below basic'' 
        in reading and 56 percent scored ``below basic'' in 
        mathematics. On the 2007 NAEP reading assessment, only 14 
        percent of the District of Columbia fourth grade students could 
        read proficiently, while only 12 percent of the eighth grade 
        students scored at the proficient or advanced level.
            (5) In 2003, Congress passed the DC School Choice Incentive 
        Act of 2003 (Public Law 108-199; 118 Stat. 126) to provide 
        opportunity scholarships to parents of students in the District 
        of Columbia that could be used by students in kindergarten 
        through grade 12 to attend a private educational institution. 
        The opportunity scholarship program under such Act was part of 
        a comprehensive 3-part funding arrangement that also included 
        additional funds for the District of Columbia public schools, 
        and additional funds for public charter schools of the District 
        of Columbia. The intent of the approach was to ensure that 
        progress would continue to be made to improve public schools 
        and public charter schools, and that funding for the 
        opportunity scholarship program would not lead to a reduction 
        in funding for the District of Columbia public and charter 
        schools. Resources would be available for a variety of 
        educational options that would give families in the District of 
        Columbia a range of choices with regard to the education of 
        their children.
            (6) The opportunity scholarship program was established in 
        accordance with the U.S. Supreme Court decision, Zelman v. 
        Simmons-Harris, 536 U.S. 639 (2002), which found that a program 
        enacted for the valid secular purpose of providing educational 
        assistance to low-income children in a demonstrably failing 
        public school system is constitutional if it is neutral with 
        respect to religion and provides assistance to a broad class of 
        citizens who direct government aid to religious and secular 
        schools solely as a result of their genuine and independent 
        private choices.
            (7) Since the opportunity scholarship program's inception, 
        it has consistently been oversubscribed. Parents express strong 
        support for the opportunity scholarship program. A rigorous 
        analysis of the program by the Institute of Education Sciences 
        (IES) shows statistically significant improvements in parental 
        satisfaction and in reading scores that are even more dramatic 
        when only those students consistently using the scholarships 
        are considered.
            (8) The DC opportunity scholarship program is a program 
        that offers families in need, in the District of Columbia, 
        important alternatives while public schools are improved. It is 
        the sense of Congress that this program should continue as 1 of 
        a 3-part comprehensive funding strategy for the District of 
        Columbia school system that provides new and equal funding for 
        public schools, public charter schools, and opportunity 
        scholarships for students to attend private schools.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide low-income parents residing 
in the District of Columbia, particularly parents of students who 
attend elementary schools or secondary schools identified for 
improvement, corrective action, or restructuring under section 1116 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316), 
with expanded opportunities for enrolling their children in 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. 4. GENERAL AUTHORITY.

    (a) Authority.--From funds appropriated to carry out this Act, the 
Secretary shall award grants on a competitive basis to eligible 
entities with approved applications under section 5 to carry out 
activities to provide eligible students with expanded school choice 
opportunities. The Secretary may award a single grant or multiple 
grants, depending on the quality of applications submitted and the 
priorities of this Act.
    (b) Duration of Grants.--The Secretary shall make grants under this 
section for a period of not more than 5 years.
    (c) Memorandum of Understanding.--The Secretary and the Mayor of 
the District of Columbia shall enter into a memorandum of understanding 
regarding the design of, selection of eligible entities to receive 
grants under, and implementation of, a program assisted under this Act.
    (d) Special Rules.--Notwithstanding any other provision of law--
            (1) funding appropriated for the opportunity scholarship 
        program under the Omnibus Appropriations Act, 2009, or any 
        other Act, may be used to provide opportunity scholarships 
        under section 7 to new applicants;
            (2) each student application for admission in the program 
        under this Act for the 2009-2010 school year that was received 
        before the date of enactment of this Act shall be considered 
        for admission into the program for such school year; and
            (3) subject to the availability of appropriated funds, each 
        student whose selection for admission in the program under this 
        Act for the 2009-2010 school year was revoked by the Secretary 
        before the date of enactment of this Act shall have the 
        student's admission reinstated for such school year.

SEC. 5. APPLICATIONS.

    (a) In General.--In order to receive a grant under this Act, an 
eligible entity shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require.
    (b) Contents.--The Secretary may not approve the request of an 
eligible entity for a grant under this Act unless the entity's 
application includes--
            (1) a detailed description of--
                    (A) how the entity will address the priorities 
                described in section 6;
                    (B) how the entity will ensure that if more 
                eligible students seek admission in the program than 
                the program can accommodate, eligible students are 
                selected for admission through a random selection 
                process which gives weight to the priorities described 
                in section 6;
                    (C) how the entity will ensure that if more 
                participating eligible students seek admission to a 
                participating school than the school can accommodate, 
                participating eligible students are selected for 
                admission through a random selection process;
                    (D) how the entity will notify parents of eligible 
                students of the expanded choice opportunities and how 
                the entity will ensure that parents receive sufficient 
                information about their options to allow the parents to 
                make informed decisions;
                    (E) the activities that the entity will carry out 
                to provide parents of eligible students with expanded 
                choice opportunities through the awarding of 
                scholarships under section 7(a);
                    (F) how the entity will determine the amount that 
                will be provided to parents for the tuition, fees, and 
                transportation expenses, if any;
                    (G) how the entity will--
                            (i) seek out private elementary schools and 
                        secondary schools in the District of Columbia 
                        to participate in the program; and
                            (ii) ensure that participating schools will 
                        meet the reporting and other requirements of 
                        this Act;
                    (H) how the entity will ensure that participating 
                schools are financially responsible and will use the 
                funds received under this Act effectively;
                    (I) how the entity will address the renewal of 
                scholarships to participating eligible students, 
                including continued eligibility; and
                    (J) how the entity will ensure that a majority of 
                its voting board members or governing organization are 
                residents of the District of Columbia; and
            (2) an assurance that the entity will comply with all 
        requests regarding any evaluation carried out under section 9.

SEC. 6. PRIORITIES.

    In awarding grants under this Act, the Secretary shall give 
priority to applications from eligible entities that will most 
effectively--
            (1) give priority to eligible students who, in the school 
        year preceding the school year for which the eligible student 
        is seeking a scholarship, attended an elementary school or 
        secondary school identified for improvement, corrective action, 
        or restructuring under section 1116 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316);
            (2) give priority to students whose household includes a 
        sibling or other child who is already participating in the 
        program of the eligible entity under this Act, 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 9;
            (3) target resources to students and families that lack the 
        financial resources to take advantage of available educational 
        options; and
            (4) provide students and families with the widest range of 
        educational options.

SEC. 7. USE OF FUNDS.

    (a) Scholarships.--
            (1) In general.--Subject to paragraphs (2) and (3), an 
        eligible entity receiving a grant under this Act shall use the 
        grant funds to 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 2010-2011. Each such eligible entity 
        shall ensure that the amount of any tuition or fees charged by 
        a school participating in such eligible entity's program under 
        this Act 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 this Act shall make scholarship payments under the 
        program under this Act 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 
        Act.
            (3) Amount of assistance.--
                    (A) Varying amounts permitted.--Subject to the 
                other requirements of this section, an eligible entity 
                receiving a grant under this Act may award scholarships 
                in larger amounts to those eligible students with the 
                greatest need.
                    (B) Annual limit on amount.--
                            (i) Limit for school year 2010-2011.--The 
                        amount of assistance provided to any eligible 
                        student by an eligible entity under a program 
                        under this Act for school year 2010-2011 may 
                        not exceed--
                                    (I) $9,000 for attendance in 
                                kindergarten through grade 8; and
                                    (II) $11,000 for attendance in 
                                grades 9 through 12.
                            (ii) Cumulative inflation adjustment.--The 
                        limits described in clause (i) shall apply for 
                        each school year following school year 2010-
                        2011, except that the Secretary shall adjust 
                        the maximum amounts of assistance (as described 
                        in clause (i) and adjusted under this clause 
                        for the preceding year) 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 Act for opportunity scholarships may be 
        used by an eligible student to enroll in a participating 
        private school unless the participating school--
                    (A) has and maintains a valid certificate of 
                occupancy issued by the District of Columbia;
                    (B) makes readily available to all prospective 
                students information on its school accreditation;
                    (C) in the case of a school that has been operating 
                for 5 years or less, submits to the eligible entity 
                administering the program proof of adequate financial 
                resources reflecting the financial sustainability of 
                the school and the school's ability to be in operation 
                through the school year;
                    (D) has financial systems, controls, policies, and 
                procedures to ensure that Federal funds are used 
                according to this Act; and
                    (E) ensures that each teacher of core subject 
                matter in the school has a baccalaureate degree or 
                equivalent degree.
    (b) Administrative Expenses.--An eligible entity receiving a grant 
under this Act may use not more than 3 percent of the amount provided 
under the grant each year for the administrative expenses of carrying 
out its program under this Act during the year, including--
            (1) determining the eligibility of students to participate;
            (2) selecting eligible students to receive scholarships;
            (3) determining the amount of scholarships and issuing the 
        scholarships to eligible students; and
            (4) compiling and maintaining financial and programmatic 
        records.
    (c) Parental Assistance.--An eligible entity receiving a grant 
under this Act may use not more than 2 percent of the amount provided 
under the grant each year for the expenses of educating parents about 
the program under this Act and assisting parents through the 
application process under this Act during the year, including--
            (1) providing information about the program and the 
        participating schools to parents of eligible students;
            (2) providing funds to assist parents of students in 
        meeting expenses that might otherwise preclude the 
        participation of eligible students in the program; and
            (3) streamlining the application process for parents.
    (d) Student Academic Assistance.--An eligible entity receiving a 
grant under this Act 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 in the students' new schools. If there are 
insufficient funds to pay for these costs for all such students, the 
eligible entity shall give priority to students who previously attended 
an elementary school or secondary school that was identified for 
improvement, corrective action, or restructuring under section 1116 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) as 
of the time the student attended the school.

SEC. 8. NONDISCRIMINATION.

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

SEC. 9. EVALUATIONS.

    (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 performance of 
                students who received scholarships under the 5-year 
                program under this Act, and
                    (B) make the evaluations public in accordance with 
                subsection (c).
            (2) Duties of the secretary.--The Secretary, through a 
        grant, contract, or cooperative agreement, shall--
                    (A) ensure that the evaluation is conducted using 
                the strongest possible research design for determining 
                the effectiveness of the program funded under this Act 
                that addresses the issues described in paragraph (4); 
                and
                    (B) disseminate information on the impact of the 
                program in increasing the academic growth and 
                achievement of participating students, and on the 
                impact of the program on students and schools in the 
                District of Columbia.
            (3) Duties of the institute of education sciences.--The 
        Institute of Education Sciences shall--
                    (A) use a grade appropriate measurement each school 
                year to assess participating eligible students;
                    (B) measure the academic achievement of all 
                participating eligible students; and
                    (C) work with the eligible entities to ensure that 
                the parents of each student who applies for a 
                scholarship under this Act (regardless of whether the 
                student receives the scholarship) and the parents of 
                each student participating in the scholarship program 
                under this Act, agree that the student will participate 
                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 6(2).
            (4) Issues to be evaluated.--The issues to be evaluated 
        include the following:
                    (A) A comparison of the academic growth and 
                achievement of participating eligible students in the 
                measurements described in this section to the academic 
                growth and achievement of--
                            (i) students in the same grades in the 
                        District of Columbia public schools; and
                            (ii) the eligible students in the same 
                        grades in the District of Columbia public 
                        schools who sought to participate in the 
                        scholarship program but were not selected.
                    (B) The success of the program in expanding choice 
                options for parents.
                    (C) The reasons parents choose for their children 
                to participate in the program.
                    (D) A comparison of the retention rates, dropout 
                rates, and (if appropriate) graduation and college 
                admission rates, of students who participate in the 
                program funded under this Act with the retention rates, 
                dropout rates, and (if appropriate) graduation and 
                college admission rates of students of similar 
                backgrounds who do not participate in such program.
                    (E) The impact of the program on students, and 
                public elementary schools and secondary schools, in the 
                District of Columbia.
                    (F) A comparison of the safety of the schools 
                attended by students who participate in the program 
                funded under this Act and the schools attended by 
                students who do not participate in the program, based 
                on the perceptions of the students and parents and on 
                objective measures of safety.
                    (G) Such other issues as the Secretary considers 
                appropriate for inclusion in the evaluation.
                    (H) An analysis of the issues described in 
                subparagraphs (A) through (G) with respect to the 
                subgroup of eligible students participating in the 
                program funded under this Act who consistently use the 
                opportunity scholarships to attend a participating 
                school.
            (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.
    (b) Reports.--The Secretary shall submit to the Committees on 
Appropriations, Education and Labor, 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 December 1 of 
        each year for which a grant is made under this Act, on the 
        progress and preliminary results of the evaluation of the 
        program funded under this Act; and
            (2) a final report, not later than 1 year after the final 
        year for which a grant is made under this Act, on the results 
        of the evaluation of the program funded under this Act.
    (c) Public Availability.--All reports and underlying data gathered 
pursuant to this section shall be made available to the public upon 
request, in a timely manner following submission of the applicable 
report under subsection (b), except that personally identifiable 
information shall not be disclosed or made available to the public.
    (d) Limit on Amount Expended.--The amount expended by the Secretary 
to carry out this section for any fiscal year may not exceed 5 percent 
of the total amount appropriated to carry out this Act for the fiscal 
year.

SEC. 10. REPORTING REQUIREMENTS.

    (a) Activities Reports.--Each eligible entity receiving funds under 
this Act during a year shall submit a report to the Secretary not later 
than July 30 of the following year regarding the activities carried out 
with the funds during the preceding year.
    (b) Achievement Reports.--
            (1) In general.--In addition to the reports required under 
        subsection (a), each grantee receiving funds under this Act 
        shall, not later than September 1 of the year during which the 
        second academic year of the grantee'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 academic years, concerning--
                    (A) the academic growth and achievement of students 
                participating in the program;
                    (B) the 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 Parent.--
            (1) In general.--Each grantee receiving funds under this 
        Act shall ensure that each school participating in the 
        grantee's program under this Act during a 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; and
                    (B) the safety of the school, including the 
                incidence of school violence, student suspensions, and 
                student expulsions.
            (2) Prohibiting disclosure of personal information.--No 
        report under this subsection may contain any personally 
        identifiable information, except as to the student who is the 
        subject of the report to that student's parent.
    (d) Report to Congress.--The Secretary shall submit to the 
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. 11. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

    (a) Testing.--Students participating in a program under this Act 
shall take a nationally norm-referenced standardized test in reading 
and mathematics. Results of such test shall be reported to the 
student's parent and the Institute of Education Sciences. To preserve 
confidentiality, at no time should results for individual students or 
schools be released to the public.
    (b) Requests for Data and Information.--Each school participating 
in a program funded under this Act shall comply with all requests for 
data and information regarding evaluations conducted under section 
9(a).
    (c) Rules of Conduct and Other School Policies.--A participating 
school, including a participating school described in section 8(d), may 
require eligible students to abide by any rules of conduct and other 
requirements applicable to all other students at the school.

SEC. 12. DEFINITIONS.

    In this Act:
            (1) Elementary school.--The term ``elementary school'' 
        means an institutional day or residential school, including a 
        public elementary charter school, that provides elementary 
        education, as determined under District of Columbia law.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) A nonprofit organization.
                    (B) A consortium of nonprofit organizations.
            (3) 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;
                            (ii) in the case of a student in a 
                        household that had a student participating in a 
                        program under this Act for the preceding school 
                        year, 250 percent of the poverty line; or
                            (iii) in the case of a student in a 
                        household that had a student participating in a 
                        program under the DC School Choice Incentive 
                        Act of 2003 (Public Law 108-199; 118 Stat. 126) 
                        on or before the date of enactment of this Act, 
                        300 percent of the poverty line.
            (4) Parent.--The term ``parent'' has the meaning given that 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (5) Poverty line.--The term ``poverty line'' has the 
        meaning given that term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (6) Secondary school.--The term ``secondary school'' means 
        an institutional day or residential school, including a public 
        secondary charter school, that provides secondary education, as 
        determined under District of Columbia law, except that the term 
        does not include any education beyond grade 12.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 13. TRANSITION PROVISIONS.

    (a) Repeal.--The DC School Choice Incentive Act of 2003 (title III 
of division C of the Consolidated Appropriations Act, 2004 (Public Law 
108-199; 118 Stat. 126)) is repealed.
    (b) Reauthorization of Program.--This Act shall be deemed to be the 
reauthorization of the opportunity scholarship program under the DC 
School Choice Incentive Act of 2003.
    (c) Orderly Transition.--Subject to subsections (d) and (e), the 
Secretary shall take such steps as the Secretary determines to be 
appropriate to provide for the orderly transition to the authority of 
this Act from any authority under the provisions of the DC School 
Choice Incentive Act of 2003 (Public Law 108-199; 118 Stat. 126), as 
the DC School Choice Incentive Act of 2003 was in effect on the day 
before the date of enactment of this Act.
    (d) Rule of Construction.--Nothing in this Act or a repeal made by 
this Act shall be construed to alter or affect the memorandum of 
understanding entered into with the District of Columbia, or any grant 
or contract awarded, under the DC School Choice Incentive Act of 2003 
(Public Law 108-199; 118 Stat. 126), as the DC School Choice Incentive 
Act of 2003 was in effect on the day before the date of enactment of 
this Act.
    (e) Multi-year Awards.--The recipient of a multi-year grant or 
contract award under the DC School Choice Incentive Act of 2003 (Public 
Law 108-199; 118 Stat. 126), as the DC School Choice Incentive Act of 
2003 was in effect on the day before the date of enactment of this Act, 
shall continue to receive funds in accordance with the terms and 
conditions of such award.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2010.--There are authorized to be appropriated--
            (1) to carry out this Act, $20,000,000 for fiscal year 2010 
        and such sums as may be necessary for each of the 4 succeeding 
        fiscal years;
            (2) for the District of Columbia public schools, in 
        addition to any other amounts available for District of 
        Columbia public schools, $20,000,000 for fiscal year 2010 and 
        such sums as may be necessary for each of the 4 succeeding 
        fiscal years; and
            (3) for District of Columbia public charter schools, in 
        addition to any other amounts available for District of 
        Columbia public charter schools, $20,000,000 for fiscal year 
        2010 and such sums as may be necessary for each of the 4 
        succeeding fiscal years.
                                                       Calendar No. 145

111th CONGRESS

  1st Session

                                S. 1552

_______________________________________________________________________

                                 A BILL

 To reauthorize the DC opportunity scholarship program, and for other 
                               purposes.

_______________________________________________________________________

                             July 31, 2009

            Read the second time and placed on the calendar
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