(iv) describe the eligible institution’s
proposed program, including personnel
qualifications and fees.
(B) CERTIFICATION.—
(i) IN GENERAL.—Except as provided
in subparagraph (C), not later than 60
days after receipt of an application in ac-
cordance with subparagraph (A), the Cor-
poration shall certify an eligible institution
to participate in the scholarship program
under this Act.
(ii) CONTINUATION.—An eligible insti-
tution’s certification to participate in the
scholarship program shall continue unless
such eligible institution’s certification is re-
voked in accordance with subparagraph
(D).
(C) NEW ELIGIBLE INSTITUTION.—
(i) IN GENERAL.—An eligible institu-
tion that did not operate with at least 25
students in the 3 years preceding the year
for which the determination is made may
apply for a 1-year provisional certification
to participate in the scholarship program
under this Act for a single year by pro-
viding to the Corporation not later than
July 1 of the year preceding the year for
which the determination is made—
(I) a list of the eligible institu-
tion’s board of directors;
(II) letters of support from not
less than 10 members of the commu-
nity served by such eligible institution;
(III) a business plan;
(IV) an intended course of study;
(V) assurances that the eligible
institution will begin operations with
not less than 25 students;
(VI) assurances that the eligible
institution will comply with all appli-
cable requirements of this Act; and
(VII) a statement that satisfies
the requirements of clauses (ii) and
(iv) of subparagraph (A).
(ii) CERTIFICATION.—Not later than
60 days after the date of receipt of an ap-
plication described in clause (i), the Cor-
poration shall certify in writing the eligible
institution’s provisional certification to
participate in the scholarship program
under this Act unless the Corporation de-
termines that good cause exists to deny
certification.
(iii) RENEWAL OF PROVISIONAL CER-
TIFICATION.—After receipt of an applica-
tion under clause (i) from an eligible insti-
tution that includes a statement of the eli-
gible institution’s budget completed not
earlier than 12 months before the date
such application is filed, the Corporation
shall renew an eligible institution’s provi-
sional certification for the second and third
years of the school’s participation in the
scholarship program under this Act unless
the Corporation finds—
(I) good cause to deny the re-
newal, including a finding of a pattern
of violation of requirements described
in paragraph (3)(A); or
(II) consistent failure of 25 per-
cent or more of the students receiving
scholarships under this Act and at-
tending such school to make appro-
priate progress (as determined by the
Corporation) in academic achieve-
ment.
(iv) DENIAL
OF
CERTIFICATION.—If
provisional certification or renewal of pro-
visional certification under this subsection
is denied, then the Corporation shall pro-
vide a written explanation to the eligible
institution of the reasons for such denial.
(D) REVOCATION OF ELIGIBILITY.—
(i) IN
GENERAL.—The Corporation,
after notice and opportunity for a hearing,
may revoke an eligible institution’s certifi-
cation to participate in the scholarship pro-
gram under this Act for a year succeeding
the year for which the determination is
made for—
(I) good cause, including a find-
ing of a pattern of violation of pro-
gram requirements described in para-
graph (3)(A); or
(II) consistent failure of 25 per-
cent or more of the students receiving
scholarships under this Act and at-
tending such school to make appro-
priate progress (as determined by the
Corporation) in academic achieve-
ment.
(ii) EXPLANATION.—If the certifi-
cation of an eligible institution is revoked,
the Corporation shall provide a written ex-
planation of the Corporation’s decision to
such eligible institution and require a pro
rata refund of the proceeds of the scholar-
ship funds received under this Act.
(iii) STUDENT ELIGIBILITY NOT AF-
FECTED.—A student receiving a scholar-
ship under this Act who attends an institu-
tion that has had its eligibility revoked
under this subparagraph may utilize such
scholarship at another eligible institution.
(3) PARTICIPATION REQUIREMENTS FOR ELIGI-
BLE INSTITUTIONS.—
(A) REQUIREMENTS.—Each eligible insti-
tution participating in the scholarship program
under this Act shall—
(i) provide to the Corporation not
later than June 30 of each year the most
recent annual statement of the eligible in-
stitution’s budget; and
(ii) charge a student that receives a
scholarship under this Act not more than
the cost of tuition and mandatory fees for,
and (as appropriate) transportation to at-
tend, such eligible institution as other stu-
dents who are residents of the District of
Columbia and enrolled in such eligible in-
stitution.
(B) COMPLIANCE.—The Corporation may
require documentation of compliance with the
requirements of subparagraph (A), but neither
the Corporation nor any governmental entity
may impose requirements upon an eligible insti-
tution as a condition for participation in the
scholarship program under this Act, other than
requirements established under this Act.
SEC. 4. SCHOLARSHIPS AUTHORIZED.
(a) ELIGIBLE STUDENTS.—The Corporation may
award tuition scholarships under subsection (d)(1) and en-
hanced achievement scholarships under subsection (d)(2)
to students in kindergarten through grade 12—
(1) who are residents of the District of Colum-
bia; and
(2) whose family income does not exceed 185
percent of the poverty line.
(b) SCHOLARSHIP PRIORITY.—Subject to subsection
(c), the Corporation shall award scholarships based on the
following priorities:
(1) PREVIOUS SCHOLARSHIP RECIPIENTS.—For
the second and subsequent academic years for which
scholarships are awarded, the Corporation first shall
award scholarships to students eligible under sub-
section (a) who received a scholarship from the Cor-
poration in the preceding academic year.
(2) DISTRICT
OF
COLUMBIA
PUBLIC
SCHOOL
ENROLLEES.—For the first three academic years for
which scholarships are awarded, if funds remain
after the application of paragraph (1), the Corpora-
tion shall award scholarships to eligible students who
do not receive an award under such paragraph and
who are—
(A) enrolled in a District of Columbia pub-
lic school; or
(B) preparing to enter a District of Colum-
bia public kindergarten.
(3) VICTIMS OF SCHOOL VIOLENCE.—For any
academic year, if funds remain available after the
application of paragraphs (1) and (2), the Corpora-
tion shall award scholarships to eligible students who
do not receive an award under such paragraphs and
who have been victims of a documented violent act
on school grounds.
(4) OTHER
ELIGIBLE
STUDENTS.—For any
academic year, if funds remain available after the
application of paragraphs (1) through (3), the Cor-
poration shall award scholarships to eligible students
who do not receive an award under such paragraphs.
(c) LOTTERY SELECTION.—If, in applying subsection
(b), the number of students described in a paragraph of
such subsection is such that the amount available is insuf-
ficient to award the appropriate scholarship amount to
each such student, the Corporation shall select by lottery
the students who will receive an award.
(d) USE OF SCHOLARSHIP.—
(1) TUITION SCHOLARSHIPS.—A tuition schol-
arship may be used for the payment of the cost of
the tuition and mandatory fees for, and (as appro-
priate) transportation to attend, an eligible institu-
tion located within the geographic boundaries of—
(A) the District of Columbia;
(B) Montgomery County, Maryland;
(C) Prince George’s County, Maryland;
(D) Arlington County, Virginia;
(E) Alexandria City, Virginia;
(F) Falls Church City, Virginia;
(G) Fairfax City, Virginia; or
(H) Fairfax County, Virginia.
(2) ENHANCED ACHIEVEMENT SCHOLARSHIP.—
An enhanced achievement scholarship may be used
only for the payment of the costs of tuition and
mandatory fees for, and (as appropriate) transpor-
tation to attend, a program of instruction provided
by an eligible institution which enhances student
achievement of the core curriculum and is operated
outside of regular school hours to supplement the
regular school program.
(e) NOT SCHOOL AID.—A scholarship under this Act
shall be considered assistance to the student and shall not
be considered assistance to an eligible institution.
SEC. 5. SCHOLARSHIP AWARDS.
(a) AWARDS.—From the funds made available under
this Act, the Corporation shall award a scholarship to a
student and make scholarship payments in accordance
with section 6.
(b) NOTIFICATION.—Each eligible institution that re-
ceives the proceeds of a scholarship payment under sub-
section (a) shall provide the following notifications:
(1) ENROLLMENT.—Not later than 10 days
after the date that a student receiving a scholarship
under this Act is enrolled, the institution shall notify
the Corporation of the name, address, and grade
level of such student.
(2) WITHDRAWAL OR EXPULSION.—Not later
than 10 days after the date of the withdrawal or ex-
pulsion of any student receiving a scholarship under
this Act, the institution shall notify the Corporation
of the withdrawal or expulsion.
(3) REFUSAL OF ADMISSION.—Not later than
10 days after the date that a student receiving a
scholarship under this Act is refused admission, the
institution shall notify the Corporation of the rea-
sons for such a refusal.
(c) TUITION SCHOLARSHIP.—
(1) EQUAL TO OR BELOW POVERTY LINE.—For
a student whose family income is equal to or below
the poverty line, a tuition scholarship may not ex-
ceed the lesser of—
(A) the cost of tuition and mandatory fees
for, and (as appropriate) transportation to at-
tend, an eligible institution; or
(B) $5,000 for fiscal year 2003, with such
amount adjusted in proportion to changes in
the Consumer Price Index for All Urban Con-
sumers published by the Department of Labor
for each of fiscal years 2004 through 2007.
(2) ABOVE
POVERTY
LINE.—For a student
whose family income is greater than the poverty line,
but not more than 185 percent of the poverty line,
a tuition scholarship may not exceed the lesser of—
(A) 75 percent of the cost of tuition and
mandatory fees for, and (as appropriate) trans-
portation to attend, an eligible institution; or
(B) $3,750 for fiscal year 2003, with such
amount adjusted in proportion to changes in
the Consumer Price Index for All Urban Con-
sumers published by the Department of Labor
for each of fiscal years 2004 through 2007.
(d) ENHANCED ACHIEVEMENT SCHOLARSHIP.—An
enhanced achievement scholarship may not exceed the
lesser of—
(1) the costs of tuition and mandatory fees for,
and (as appropriate) transportation to attend, a pro-
gram of instruction at an eligible institution; or
(2) $800 for 2003, with such amount adjusted
in proportion to changes in the Consumer Price
Index for All Urban Consumers published by the De-
partment of Labor for each of fiscal years 2004
through 2007.
(c) 
REVOCATION.—Notwithstanding 
section
3(f)(2)(D), if the Corporation determines that an eligible
institution participating in the scholarship program under
this Act is in violation of subsection (a), then the Corpora-
tion shall revoke such eligible institution’s certification to
participate in the program.
SEC. 8. CHILDREN WITH DISABILITIES.
Nothing in this Act shall affect the rights of students,
or the obligations of the District of Columbia public
schools, under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.).
SEC. 9. RULE OF CONSTRUCTION.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to prevent any eligible institution which is operated
by, supervised by, controlled by, or connected to, a reli-
gious organization from employing, admitting, or giving
preference to, persons of the same religion to the extent
determined by such institution to promote the religious
purpose for which the eligible institution is established or
maintained.
(b) SECTARIAN PURPOSES.—Nothing in this Act
shall be construed to prohibit the use of funds made avail-
able under this Act for sectarian educational purposes, or
to require an eligible institution to remove religious art,
icons, scripture, or other symbols.
SEC. 10. REPORTING REQUIREMENTS.
(a) IN GENERAL.—An eligible institution partici-
pating in the scholarship program under this Act shall re-
port to the Corporation not later than July 30 of each
year in a manner prescribed by the Corporation, the fol-
lowing data:
(1) Student achievement in the eligible institu-
tion’s programs.
(2) Grade advancement for scholarship stu-
dents.
(3) Disciplinary actions taken with respect to
scholarship students.
(4) Graduation, college admission test scores,
and college admission rates, if applicable for scholar-
ship students.
(5) Types and amounts of parental involvement
required for all families of scholarship students.
(6) Student attendance for scholarship and
nonscholarship students.
(7) General information on curriculum, pro-
grams, facilities, credentials of personnel, and dis-
ciplinary rules at the eligible institution.
(8) Number of scholarship students enrolled.
(9) Such other information as may be required
by the Corporation for program appraisal.
(b) CONFIDENTIALITY.—No personal identifiers may
be used in such report, except that the Corporation may
request such personal identifiers solely for the purpose of
verification.
SEC. 11. PROGRAM APPRAISAL.
(a) STUDY.—Not later than 3 years after the date
of enactment of this Act, the Comptroller General shall
enter into a contract, with an evaluating agency that has
demonstrated experience in conducting evaluations, for an
independent evaluation of the scholarship program under
this Act, including—
(1) a comparison of test scores between scholar-
ship students and District of Columbia public school
students of similar backgrounds, taking into account
the students’ academic achievement at the time of
the award of their scholarships and the students’
family income level;
(2) a comparison of graduation rates between
scholarship students and District of Columbia public
school students of similar backgrounds, taking into
account the students’ academic achievement at the
time of the award of their scholarships and the stu-
dents’ family income level;
(3) the satisfaction of parents of scholarship
students with the scholarship program; and
(4) the impact of the scholarship program on
the District of Columbia public schools, including
changes in the public school enrollment, and any im-
provement in the academic performance of the public
schools.
(b) PUBLIC REVIEW OF DATA.—All data gathered in
the course of the study described in subsection (a) shall
be made available to the public upon request except that
no personal identifiers shall be made public.
(c) REPORT TO CONGRESS.—Not later than Sep-
tember 1 of each year, the Corporation shall submit a
progress report on the scholarship program to the appro-
priate committees of Congress. Such report shall include
a review of how scholarship funds were expended, includ-
ing the initial academic achievement levels of students who
have participated in the scholarship program.
(d) AUTHORIZATION.—There are authorized to be ap-
propriated for the study described in subsection (a),
$250,000, which shall remain available until expended.
SEC. 12. JUDICIAL REVIEW.
(a) JURISDICTION.—
(1) IN GENERAL.—The United States District
Court for the District of Columbia shall have juris-
diction in any action challenging the constitu-
tionality of the scholarship program under this Act
and shall provide expedited review.
(2) STANDING.—The parent of any student eli-
gible to receive a scholarship under this Act shall
have standing in an action challenging the constitu-
tionality of the scholarship program under this Act.
(b) APPEAL TO SUPREME COURT.—Notwithstanding
any other provision of law, any order of the United States
District Court for the District of Columbia which is issued
pursuant to an action brought under subsection (a) shall
be reviewable by appeal directly to the Supreme Court of
the United States.
SEC. 13. EFFECTIVE DATE.
This Act shall be effective for each of fiscal years
2003 through 2007.
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