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(1) the costs of tuition and mandatory fees for,
or transportation to attend, a program of instruction
at an eligible institution; or
(2) $500 for 1998, 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 1999
through 2002.
SEC. 345. SCHOLARSHIP PAYMENTS.
(a) DISBURSEMENT OF SCHOLARSHIPS.—The funds
may be distributed by check or another form of disburse-
ment which is issued by the Corporation and made payable
directly to a parent of a student participating in the schol-
arship program under this subtitle. The parent may use
such funds only as payment for tuition, mandatory fees,
and transportation costs associated with attending or ob-
taining services from a participating eligible institution.
(b) PRO RATA AMOUNTS
FOR STUDENT WITH-
DRAWAL.—
(1) BEFORE PAYMENT.—If a student receiving
a scholarship withdraws or is expelled from an eligi-
ble institution before a scholarship payment is made,
the eligible institution shall receive a pro rata pay-
ment based on the amount of the scholarship and
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the number of days the student was enrolled in the
eligible institution.
(2) AFTER PAYMENT.—If a student receiving a
scholarship withdraws or is expelled after a scholar-
ship payment is made, the eligible institution shall
refund to the Corporation on a pro rata basis the
proportion of any scholarship payment received for
the remaining days of the school year. Such refund
shall occur not later than 30 days after the date of
the withdrawal or expulsion of the student.
SEC. 346. CIVIL RIGHTS.
(a) IN GENERAL.—An eligible institution participat-
ing in the scholarship program under this subtitle shall
not engage in any practice that discriminates on the basis
of race, color, national origin, or sex.
(b) EXCEPTION.—Nothing in this Act shall be con-
strued to prevent a parent from choosing or an eligible
institution from offering, a single-sex school, class, or ac-
tivity.
(c) REVOCATION.—Notwithstanding section 342(f), if
the Corporation determines that an eligible institution
participating in the scholarship program under this title
is in violation of any of the laws listed in subsection (a),
then the Corporation shall revoke such eligible institu-
tion’s certification to participate in the program.
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SEC. 347. CHILDREN WITH DISABILITIES.
Nothing in this subtitle shall affect the rights of stu-
dents, 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. 348. RULE OF CONSTRUCTION.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to bar any eligible institution which is operated,
supervised, or controlled by, or in connection with, a reli-
gious organization from limiting employment, or admis-
sion to, or giving preference to persons of the same reli-
gion as is determined by such institution to promote the
religious purpose for which it is established or maintained.
(b) SECTARIAN PURPOSES.—Nothing in this Act
shall preclude the use of funds authorized under this Act
for sectarian educational purposes or to require an eligible
institution to remove religious art, icons, scripture, or
other symbols.
SEC. 349. REPORTING REQUIREMENTS.
(a) IN GENERAL.—An eligible institution participat-
ing in the scholarship program under this subtitle shall
report not later than July 30 of each year in a manner
prescribed by the Corporation, the following data:
(1) Student achievement in the eligible institu-
tion’s programs.
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(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. 350. PROGRAM APPRAISAL.
(a) STUDY.—Not later than 4 years after the date
of enactment of this Act, the Comptroller General shall
enter into a contract, with an evaluating agency that has
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demonstrated experience in conducting evaluations, for an
independent evaluation of the scholarship program under
this subtitle, 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
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be made available to the public upon request except that
no personal identifiers shall be made public.
(c) REPORT TO CONGRESS.—Not later than Septem-
ber 1 of each year, the Corporation shall submit a progress
report on the scholarship program to the appropriate com-
mittees of Congress. Such report shall include a review
of how scholarship funds were expended, including the ini-
tial academic achievement levels of students who have par-
ticipated 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. 351. JUDICIAL REVIEW.
(a) IN GENERAL.—The United States District Court
for the District of Columbia shall have jurisdiction in any
action challenging the scholarship program under this sub-
title and shall provide expedited review.
(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.
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SEC. 352. EFFECTIVE DATE.
This subtitle shall be effective for each of the fiscal
years 1998 through 2002.
Subtitle C—Other Education
Reforms
SEC. 361. REDUCTION IN ADMINISTRATIVE STAFF.
At any time after June 30, 1998, the total number
of full-time-equivalent employees of the District of Colum-
bia Public Schools whose principal duty is not classroom
instruction may not exceed the number of such full-time-
equivalent employees as of September 30, 1997, reduced
by 200.
SEC. 362. DEVELOPMENT OF PERFORMANCE CRITERIA FOR
TEACHERS.
The District of Columbia Public Schools shall develop
and implement performance benchmarks for teachers,
based on the ability of students to improve by at least one
grade level each year in performance on standardized
tests, and shall establish incentives to encourage teachers
to meet such benchmarks.
SEC. 363. REPEAL OF TAX EXEMPTION FOR LABOR ORGANI-
ZATIONS.
(a) IN GENERAL.—Notwithstanding any provision of
any Federally-granted charter or any other provision of
law, the real property of any labor organization located
in the District of Columbia shall be subject to taxation
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by the District of Columbia in the same manner as any
similar organization.
(b) LABOR ORGANIZATION DEFINED.—In subsection
(a), the term ‘‘labor organization’’ means any organization
of any kind, or any agency or employee representation
committee or plan, in which employees participate and
which exists for the purpose, in whole or in part, of dealing
with employers concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or conditions
of work.
SEC. 364. TREATMENT OF SUPERVISORY PERSONNEL AS
AT-WILL EMPLOYEES.
Notwithstanding any other provision of law or regula-
tion (including any law or regulation providing for collec-
tive bargaining or the enforcement of any collective bar-
gaining agreement), all supervisory personnel of the Dis-
trict of Columbia Public Schools shall be appointed by,
shall serve at the pleasure of, and shall act under the di-
rection and control of the Emergency Transitional Edu-
cation Board of Trustees, and shall be considered at-will
employees not covered by the District of Columbia Govern-
ment Comprehensive Merit Personnel Act of 1978.
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SEC. 365. DETERMINATION OF NUMBER OF STUDENTS EN-
ROLLED.
Not later than 30 days after the date of the enact-
ment of this Act, and not later than 30 days after the
beginning of each semester which begins after such date,
the District of Columbia Auditor shall submit a report to
Congress, the Mayor, the Council, the Chief Financial Of-
ficer of the District of Columbia, and the District of Co-
lumbia Financial Responsibility and Management Assist-
ance Authority providing the most recent information
available on the number of students enrolled in the Dis-
trict of Columbia Public Schools and the average daily at-
tendance of such students.
SEC. 366. BUDGETING ON SCHOOL-BY-SCHOOL BASIS.
(a) PREPARATION OF INITIAL BUDGETS.—Not later
than 30 days after the date of the enactment of this Act,
the District of Columbia Public Schools shall prepare and
submit to Congress a budget for each public elementary
and secondary school for fiscal year 1998 which describes
the amount expected to be expended with respect to the
school for salaries, capital, and other appropriate cat-
egories of expenditures.
(b) USE
OF BUDGETS
FOR FUTURE AGGREGATE
BUDGET.—The District of Columbia Public Schools shall
use the budgets prepared for individual schools under sub-
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section (a) to prepare the overall budget for the Schools
for fiscal year 1999.
SEC. 367. REQUIRING PROOF OF RESIDENCY FOR INDIVID-
UALS ATTENDING SCHOOLS AND SCHOOL
CHILD CARE PROGRAMS.
None of the funds made available in this Act or any
other Act may be used by the District of Columbia Public
Schools in fiscal year 1998 or any succeeding fiscal year
to provide classroom instruction or child care services to
any minor whose parent or guardian does not supply the
Schools with proof of the State of the minor’s residence.
SEC. 368. DISTRICT OF COLUMBIA SCHOOL OF LAW.
(a) REQUIRING FULL ACCREDITATION.—
(1) IN GENERAL.—If the District of Columbia
School of Law is not fully, unconditionally accredited
by the American Bar Association at its midyear
meeting in February 1998, none of the funds made
available in this Act or any other Act may be ex-
pended for or on behalf of the School except for pur-
poses of providing assistance to assist students en-
rolled at the School as of such date who are resi-
dents of the District of Columbia in paying the tui-
tion for enrollment at other law schools in the Wash-
ington Metropolitan Area, in accordance with a plan
submitted to Congress.
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(2) RESTRICTIONS ON USE OF FUNDS PRIOR TO
ACCREDITATION.—None of the funds made available
in this Act or any other Act may be used by or on
behalf of the District of Columbia School of Law for
recruiting or capital projects until the School is
fully, unconditionally accredited by the American
Bar Association.
(b) NO OTHER SOURCE OF FUNDING PERMITTED.—
None of the funds made available in this Act or any other
Act for the use of any entity (including the University of
the District of Columbia) other than the District of Co-
lumbia School of Law may be transferred to, made avail-
able for, or expended for or on behalf of the District of
Columbia School of Law.
SEC. 369. WAIVER OF LIABILITY IN PRO BONO ARRANGE-
MENTS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law or any rule or regulation—
(1) any person who voluntarily provides goods
or services to or on behalf of the District of Colum-
bia Public Schools without the expectation of receiv-
ing or intending to receive compensation shall be im-
mune from civil liability, both personally and profes-
sionally, for any act or omission occurring in the
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course of providing such goods or services (except as
provided in subsection (b)); and
(2) the District of Columbia (including the Dis-
trict of Columbia Public Schools) shall be immune
from civil liability for any act or omission of any
person voluntarily providing goods or services to or
on behalf of the District of Columbia Public Schools.
(b) EXCEPTION FOR INTENTIONAL ACTS OR ACTS OF
GROSS NEGLIGENCE.—Subsection (a)(1) shall not apply
with respect to any person if the act or omission in-
volved—
(1) constitutes gross negligence;
(2) constitutes an intentional tort; or
(3) is criminal in nature.
(c) EFFECTIVE DATE.—This section shall apply with
respect to the provision of goods and services occurring
during fiscal year 1998 or any succeeding fiscal year.
This Act may be cited as the ‘‘District of Columbia
Appropriations, Medical Liability Reform, and Education
Reform Act of 1998’’.
Passed the House of Representatives October 9,
1997.
Attest:
ROBIN H. CARLE,
Clerk.