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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 471 Engrossed in House (EH)]

112th CONGRESS
  1st Session
                                H. R. 471

_______________________________________________________________________

                                 AN ACT

 
 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'' 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 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) 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 2009 
        study that students in the District of Columbia were being 
        outperformed by every State in the Nation. On the 2009 NAEP, 56 
        percent of fourth grade students scored ``below basic'' in 
        reading, and 44 percent scored ``below basic'' in mathematics. 
        Among eighth grade students, 49 percent scored ``below basic'' 
        in reading and 60 percent scored ``below basic'' in 
        mathematics. On the 2009 NAEP reading assessment, only 17 
        percent of the District of Columbia fourth grade students could 
        read proficiently, while only 13 percent of the eighth grade 
        students scored at the proficient or advanced level.
            (4) 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 to enable them to pursue a high-quality education 
        at a public or private elementary or secondary school of their 
        choice. The DC Opportunity Scholarship Program (DC OSP) 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.
            (5) The DC OSP was established in accordance with the 
        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.
            (6) Since the inception of the DC OSP, it has consistently 
        been oversubscribed. Parents express strong support for the 
        opportunity scholarship program. Rigorous studies of the 
        program by the Institute of Education Sciences have shown 
        significant improvements in parental satisfaction and in 
        reading scores that are more dramatic when only those students 
        consistently using the scholarships are considered. The program 
        also was found to result in significantly higher graduation 
        rates for DC OSP students.
            (7) The DC OSP is a program that offers families in need, 
        in the District of Columbia, important alternatives while 
        public schools are improved. This program should be 
        reauthorized 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) Opportunity Scholarships.--
            (1) In general.--From funds appropriated under section 
        14(a)(1), the Secretary shall award grants on a competitive 
        basis to eligible entities with approved applications under 
        section 5 to carry out a program to provide eligible students 
        with expanded school choice opportunities. The Secretary may 
        award a single grant or multiple grants, depending on the 
        quality of applications submitted and the priorities of this 
        Act.
            (2) Duration of grants.--The Secretary may make grants 
        under this subsection for a period of not more than 5 years.
    (b) DC Public Schools and Charter Schools.--From funds appropriated 
under paragraphs (2) and (3) of section 14(a), the Secretary shall 
provide funds to the Mayor of the District of Columbia, if the Mayor 
agrees to the requirements described in section 11(a), for--
            (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. 5. APPLICATIONS.

    (a) In General.--In order to receive a grant under section 4(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 4(a) 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 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 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 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 7(a);
                    (F) how the entity will determine the amount that 
                will be provided to parents under section 7(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 Act;
                    (I) how the entity will ensure that participating 
                schools submit to site visits by the entity as 
                determined to be necessary by the entity, 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 7 effectively;
                    (K) how the entity will address the renewal of 
                scholarships to participating eligible students, 
                including continued eligibility; and
                    (L) 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(a).

SEC. 6. PRIORITIES.

    In awarding grants under section 4(a), the Secretary shall give 
priority to applications from eligible entities that will most 
effectively--
            (1) in awarding scholarships under section 7(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, 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);
                    (B) students who have been awarded a scholarship in 
                a preceding year under this Act 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 Act, 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
                    (C) 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(a);
            (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. 7. USE OF FUNDS.

    (a) Opportunity Scholarships.--
            (1) In general.--Subject to paragraphs (2) and (3), an 
        eligible entity receiving a grant under section 4(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 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 section 4(a) shall make scholarship payments under 
        the entity's 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 section 4(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 Act 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 the school year following the school 
                        year of the date of the enactment of this Act, 
                        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 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) agrees to submit to site visits as determined 
                to be necessary by the eligible entity pursuant to 
                section 5(b)(1)(I);
                    (E) has financial systems, controls, policies, and 
                procedures to ensure that funds are used according to 
                this Act; and
                    (F) ensures that each teacher of core subject 
                matter in the school has a baccalaureate degree or 
                equivalent degree, whether such degree was awarded in 
                or outside of the United States.
    (b) Administrative Expenses.--An eligible entity receiving a grant 
under section 4(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 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;
            (4) compiling and maintaining financial and programmatic 
        records; and
            (5) conducting site visits as described in section 
        5(b)(1)(I).
    (c) Parental Assistance.--An eligible entity receiving a grant 
under section 4(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 Act, and assisting 
parents through the application process, under this Act, 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 section 4(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 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).

SEC. 8. NONDISCRIMINATION AND OTHER REQUIREMENTS FOR PARTICIPATING 
              SCHOOLS.

    (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 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.
    (f) 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).
    (g) Rules of Conduct and Other School Policies.--A participating 
school, including the schools described in subsection (d), may require 
eligible students to abide by any rules of conduct and other 
requirements applicable to all other students at the school.
    (h) Nationally Norm-Referenced Standardized Tests.--
            (1) In general.--Each participating school shall comply 
        with any testing requirements determined to be necessary for 
        evaluation under section 9(a)(2)(A)(i).
            (2) Make-up session.--If a participating school does not 
        administer a nationally norm-referenced standardized test or 
        the Institute of Education Sciences does not receive data on a 
        student who is receiving an opportunity scholarship, then the 
        Secretary (through the Institute of Education Sciences of the 
        Department of Education) shall administer such test at least 
        one time during a school year for each student receiving an 
        opportunity scholarship.

SEC. 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;
                    (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 
                Act; 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 the strongest 
                        possible research design for determining the 
                        effectiveness of the opportunity scholarship 
                        program under this Act; and
                            (ii) addresses the issues described in 
                        paragraph (4); and
                    (B) disseminate information on the impact of the 
                program--
                            (i) in increasing the academic growth and 
                        achievement of participating eligible students; 
                        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) use a grade appropriate, nationally norm-
                referenced standardized test 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.
            (4) Issues to be evaluated.--The issues to be evaluated 
        under paragraph (1)(A) shall include the following:
                    (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 Act but were not 
                selected.
                    (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.
                    (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, 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.
                    (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.
                    (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.
                    (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 Act to attend a participating school'' for 
                ``participating eligible students'' each place such 
                term appears.
            (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 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 Act, 
        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 Act; and
            (2) a final report, not later than 1 year after the final 
        year for which a grant is made under section 4(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 14(a)(1) for the fiscal 
year.

SEC. 10. REPORTING REQUIREMENTS.

    (a) Activities Reports.--Each eligible entity receiving funds under 
section 4(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 4(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;
                    (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 4(a) shall ensure that each school participating in the 
        entity's program under this Act 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.
    (d) Report to Congress.--Not later than 6 months after the first 
appropriation of funds under section 14, 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. 11. DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER SCHOOLS.

    (a) Condition of Receipt of Funds.--As a condition of receiving 
funds under this Act 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:
            (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 9(a).
            (2) Agreement with the secretary.--Enter into the agreement 
        described in section 9(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 Act.
            (3) Submission of report.--Not later than 6 months after 
        the first appropriation of funds under section 14, 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 Act 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.
    (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 Act for the District of Columbia 
public schools and the District of Columbia public charter schools.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to reduce, or otherwise affect, funding provided under this 
Act for the opportunity scholarship program under this Act.

SEC. 12. TRANSITION PROVISIONS.

    (a) Repeal.--The DC School Choice Incentive Act of 2003 (sec. 38-
1851.01 et seq., D.C. Official Code) is repealed.
    (b) Special Rules.--Notwithstanding any other provision of law--
            (1) funding appropriated to provide opportunity 
        scholarships for students in the District of Columbia under the 
        heading ``Federal Payment for School Improvement'' in title IV 
        of division D of the Omnibus Appropriations Act, 2009 (Public 
        Law 111-8; 123 Stat. 653), the heading ``Federal Payment for 
        School Improvement'' in title IV of division C of the 
        Consolidated Appropriations Act, 2010 (Public Law 111-117; 123 
        Stat. 3181), or any other Act, may be used to provide 
        opportunity scholarships under section 7(a) for the 2011-2012 
        school year to students who have not previously received such 
        scholarships;
            (2) the fourth and fifth provisos under the heading 
        ``Federal Payment for School Improvement'' of title IV of 
        Division C of the Consolidated Appropriations Act, 2010 (Public 
        Law 111-117; 123 Stat. 3181) shall not apply; and
            (3) any unobligated amounts reserved to carry out the 
        provisos described in paragraph (2) shall be made available to 
        an eligible entity receiving a grant under section 4(a)--
                    (A) for administrative expenses described in 
                section 7(b); or
                    (B) to provide opportunity scholarships under 
                section 7(a), including to provide such scholarships 
                for the 2011-2012 school year to students who have not 
                previously received such scholarships.
    (c) Multiyear Awards.--The recipient of a grant or contract under 
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 Act, shall continue to receive funds in 
accordance with the terms and conditions of such grant or contract, 
except that--
            (1) the provisos relating to opportunity scholarships in 
        the Acts described in subsection (b)(1) shall not apply; and
            (2) the memorandum of understanding described in subsection 
        (d), including any revision made under such subsection, shall 
        apply.
    (d) Memorandum of Understanding.--The Secretary and the Mayor of 
the District of Columbia shall revise the memorandum of understanding 
entered into under 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 Act, to address--
            (1) the implementation of the opportunity scholarship 
        program under this Act; and
            (2) how the Mayor will ensure that the District of Columbia 
        public schools and the District of Columbia public charter 
        schools comply with all the reasonable requests for information 
        as necessary to fulfill the requirements for evaluations 
        conducted under section 9(a).
    (e) Orderly Transition.--Subject to subsections (c) and (d), 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 (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 Act.

SEC. 13. DEFINITIONS.

    As used in this Act:
            (1) Elementary school.--The term ``elementary school'' 
        means an institutional day or residential school, including a 
        public elementary charter school, that provides elementary 
        education, as determined under District of Columbia law.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) 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; or
                            (ii) in the case of a student participating 
                        in the opportunity scholarship program in the 
                        preceding year under this Act 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 Act, 300 percent of the 
                        poverty line.
            (4) Mayor.--The term ``Mayor'' means the Mayor of the 
        District of Columbia.
            (5) 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).
            (6) Participating eligible student.--The term 
        ``participating eligible student'' means an eligible student 
        awarded an opportunity scholarship under this Act, without 
        regard to whether the student uses the scholarship to attend a 
        participating school.
            (7) 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 Act.
            (8) 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).
            (9) 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.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
$60,000,000 for fiscal year 2012 and for each of the 4 succeeding 
fiscal years, of which--
            (1) one-third shall be made available to carry out the 
        opportunity scholarship program under this Act for each fiscal 
        year;
            (2) one-third shall be made available to carry out section 
        4(b)(1) for each fiscal year; and
            (3) one-third shall be made available to carry out section 
        4(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.

            Passed the House of Representatives March 30, 2011.

            Attest:

                                                                 Clerk.
112th CONGRESS

  1st Session

                               H. R. 471

_______________________________________________________________________

                                 AN ACT

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