128
Subtitle C—Even Start
SEC. 2201. AMENDMENTS FOR EVEN START PROGRAMS.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
1002 of the Elementary and Secondary Education Act of
1965 is amended by striking subsection (b) and inserting
the following:
‘‘(b) EVEN START.—
‘‘(1) IN GENERAL.—For the purpose of carry-
ing out part B, other than Even Start programs for
the District of Columbia as described in paragraph
(2),
there
are
authorized
to
be
appropriated
$118,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fis-
cal years.
‘‘(2) DISTRICT OF COLUMBIA.—For the purpose
of carrying out Even Start programs in the District
of Columbia as described in section 1211, there are
authorized to be appropriated—
‘‘(A) for fiscal year 1996, $2,000,000 for
continued funding made in fiscal year 1995,
and for new grants, for an aggregate of 8;
‘‘(B) for fiscal year 1997, $3,500,000 for
continued funding made in fiscal year 1996 and
for new grants, for an aggregate of 14;
129
‘‘(C) for fiscal year 1998, $5,000,000 for
continued funding made in fiscal years 1996
and 1997 and for new grants, for an aggregate
of 20 grants in such fiscal year;
‘‘(D) for fiscal year 1999, $5,000,000 for
continued funding made in fiscal years 1996,
1997, and 1998 and for new grants, for an ag-
gregate of 20 grants in such fiscal year; and
‘‘(E) for fiscal year 2000, $5,000,000 for
continued funding made in fiscal years 1996,
1997, 1998, and 1999 and for new grants, for
an aggregate of 20 grants in such fiscal year or
such number as the Secretary determines ap-
propriate pursuant to the evaluation described
in section 1211(i)(2).’’.
(b) EVEN START FAMILY LITERACY PROGRAMS.—
Part B of title I of the Elementary and Secondary Edu-
cation Act of 1965 is amended—
(1) in section 1202(a)(1), by inserting ‘‘(1)’’
after ‘‘1002(b)’’;
(2) in section 1202(b), by inserting ‘‘(1)’’ after
‘‘1002(b)’’;
(3) in section 1202(d)(1)—
(A) by inserting ‘‘(1)’’ after ‘‘1002(b)’’;
and
130
(B) by inserting ‘‘or under section 1211,’’
after ‘‘subsections (a), (b), and (c),’’;
(4) in section 1202(d)(3), by inserting ‘‘(1)’’
after ‘‘1002(b)’’;
(5) in section 1202(e)(4), by striking ‘‘, the
District of Columbia,’’;
(6) in section 1204(a), by inserting ‘‘intensive’’
after ‘‘cost of providing’’;
(7) in section 1205(4), by inserting ‘‘, inten-
sive’’ after ‘‘high-quality’’;
(8) in section 1206(b)(1), by striking ‘‘de-
scribed in subsection (a)’’; and
(9) by adding at the end the following new sec-
tion:
‘‘SEC. 1211. DISTRICT OF COLUMBIA EVEN START INITIA-
TIVES.
‘‘(a) D.C. PROGRAM AUTHORIZED.—The Secretary
shall provide grants, on a competitive basis, to assist eligi-
ble entities to carry out Even Start programs in the Dis-
trict of Columbia that build on the findings of the ‘Na-
tional Evaluation of the Even Start Family Literacy Pro-
gram’, such as providing intensive services in parent train-
ing and adult literacy or adult education.
131
‘‘(b) DEFINITION OF ‘ELIGIBLE’’.—For the purpose
of this section, the term ‘eligible entity’ means a partner-
ship composed of at least—
‘‘(1) a public school in the District of Columbia;
‘‘(2) the local educational agency in existence
on September 1, 1995 for the District of Columbia,
any other public organization, or an institution of
higher education; and
‘‘(3) a private nonprofit community-based orga-
nization.
‘‘(c) USES OF FUNDS; COST-SHARING.—
‘‘(1) COMPLIANCE.—Each eligible entity that
receives funds under this section shall comply with
section 1204(a) and 1204(b)(3), relating to the use
of such funds.
‘‘(2)
COST-SHARING.—Each
program
funded
under this section is subject to the cost-sharing re-
quirement of section 1204(b)(1), except that the
Secretary may waive that requirement, in whole or
in part, for any eligible entity that demonstrates to
the Secretary’s satisfaction that such entity other-
wise would not be able to participate in the program
under this section.
‘‘(3) MINIMUM.—Except as provided in para-
graph (4), each eligible entity selected to receive a
132
grant under this section shall receive not more than
$250,000 in any fiscal year, except that the Sec-
retary may increase such amount if the Secretary
determines that—
‘‘(A) such entity needs additional funds to
be effective; and
‘‘(B) the increase will not reduce the
amount of funds available to other programs
that receive funds under this section.
‘‘(4)
REMAINING
FUNDS.—If
funds
remain
after payments are made under paragraph (3) for
any fiscal year, the Secretary shall make such re-
maining funds available to each selected eligible en-
tity in such fiscal year on a pro rata basis.
‘‘(d) PROGRAM ELEMENTS.—Each program assisted
under this section shall comply with the program elements
described in section 1205, including intensive high quality
instruction programs of parent training and adult literacy
or adult education.
‘‘(e) ELIGIBLE PARTICIPANTS.—
‘‘(1) IN GENERAL.—Individuals eligible to par-
ticipate in a program under this section are—
‘‘(A) the parent or parents of a child de-
scribed in subparagraph (B), or any other adult
133
who is substantially involved in the day-to-day
care of the child, who—
‘‘(i) is eligible to participate in an
adult education program under the Adult
Education Act; or
‘‘(ii) is attending, or is eligible by age
to attend, a public school in the District of
Columbia; and
‘‘(B) any child, from birth through age 7,
of an individual described in subparagraph (A).
‘‘(2) ELIGIBILITY REQUIREMENTS.—The eligi-
bility factors described in section 1206(b) shall apply
to programs under this section.
‘‘(f) APPLICATIONS.—Each eligible entity that wishes
to receive a grant under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
‘‘(g) SELECTION OF GRANTEES.—In awarding grants
under this section, the Secretary shall—
‘‘(1) use the selection criteria described in sub-
paragraphs (A) through (F) and (H) of section
1208(a)(1); and
‘‘(2) give priority to applications for programs
that—
134
‘‘(A) target services to schools in which a
schoolwide program is being conducted under
section 1114 of this subtitle; or
‘‘(B) are located in areas designated as
empowerment zones or enterprise communities.
‘‘(h) DURATION
OF PROGRAMS.—The priority for
subgrants described in section 1208(b) shall apply to
grants made under this section, except that—
‘‘(1) references in that section to the State edu-
cational agency and to subgrants shall be read to
refer to the Secretary and to grants under this sec-
tion, respectively; and
‘‘(2) notwithstanding paragraph (4) of such sec-
tion, the Secretary shall not provide continuation
funding to a recipient under this section if the Sec-
retary determines, after affording the recipient no-
tice and an opportunity for a hearing, that the recip-
ient has not made substantial progress toward
achieving its stated objectives and the purpose of
this section.
‘‘(i) TECHNICAL ASSISTANCE AND EVALUATION.—
‘‘(1) TECHNICAL
ASSISTANCE.—(A) The Sec-
retary shall use not more than 5 percent of the
amounts authorized under section 1002(b)(2) for
any fiscal year to provide technical assistance to eli-
135
gible entities, including providing funds to one or
more local nonprofit organizations to provide tech-
nical assistance to eligible entities in the areas of
community development and coalition building, and
for the evaluation conducted pursuant to paragraph
(2).
‘‘(B) The Secretary shall allocate 5 percent of
the amounts authorized under section 1002(b)(2) in
any fiscal year to contract with the National Center
for Family Literacy to provide technical assistance
to eligible entities.
‘‘(2) EVALUATION.—(A) The Secretary shall
use funds available under paragraph (1)(A) to pro-
vide an independent evaluation of programs under
this section to determine their effectiveness in pro-
viding high quality family literacy services includ-
ing—
‘‘(i) intensive and high quality services in
adult literacy or adult education;
‘‘(ii) intensive and high quality services in
parent training;
‘‘(iii) coordination with related programs;
‘‘(iv) training of related personnel in ap-
propriate skill areas; and
136
to determine if the grant amount provided to grant-
ees to carry out such projects is appropriate to ac-
complish the goals of this section.
‘‘(B)(i) Such evaluation shall be conducted by
individuals not directly involved in the administra-
tion of a program operated with funds provided
under this section. Such independent evaluators and
the program administrators shall jointly develop
evaluation criteria which provide for appropriate
analysis of the factors listed in subparagraph (A).
‘‘(ii) In order to determine a program’s effec-
tiveness in achieving its stated goals, each evaluation
shall contain objective measures of such goals and,
whenever feasible, shall obtain the specific views of
program participants about such programs.
‘‘(C) The Secretary shall prepare and submit to
the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on
Economic and Education Opportunities of the House
of Representatives, the Committee on Government
Reform and Oversight of the House of Representa-
tives, the Committee on Labor and Human Re-
sources of the Senate, and the Committee on Gov-
ernmental Affairs of the Senate a report regarding
the results of such evaluations not later than March
137
1, 1999. The Secretary shall provide an interim re-
port by March 1, 1998.’’.
Subtitle
D—World
Class
Schools
Panel; Core Curriculum; Assess-
ments; and Promotion Gates
PART 1—WORLD CLASS SCHOOLS PANEL
SEC. 2251. ESTABLISHMENT.
There is established a panel to be known as the
‘‘World Class Schools Panel’’.
SEC. 2252. DUTIES OF PANEL.
(a) IN GENERAL.—Not later than July 1, 1996, the
Panel shall recommend to the Superintendent and the
Board of Education the following:
(1) A core curriculum for kindergarten through
the 12th grade developed or selected by the Panel.
(2) District-wide assessments for measuring
student achievement in the curriculum developed or
selected under paragraph (1). Such assessments
shall be developed at several grade levels, including,
at a minimum, the grade levels with respect to which
the Superintendent establishes promotion gates, as
required under section 2263. To the extent feasible,
such assessments shall, at a minimum, be designed
to provide information that permits the following
comparisons to be made:
138
(A) Comparisons among individual schools
and individual students in the District of Co-
lumbia.
(B)
Comparisons
between
individual
schools and individual students in the District
of Columbia and schools and students in other
States and the Nation as a whole.
(C)
Comparisons
between
individual
schools and individual students in the District
of Columbia and schools and students in other
nations whose students historically have scored
high on international studies of student achieve-
ment.
(3) Model professional development programs
for teachers using the curriculum developed or se-
lected under paragraph (1).
(b) CONTENT.—The curriculum and assessments rec-
ommended under subsection (a) shall be either newly de-
veloped or existing materials that are judged by the Panel
to be—
(1) ‘‘world class’’, including having a level of
quality and rigor that is equal to, or greater than,
the level of quality and rigor of analogous curricula
and assessments of other nations (including nations
139
whose students historically score high on inter-
national studies of student achievement); and
(2) appropriate for the District of Columbia
public schools.
(c) SUBMISSION TO SECRETARY.—If the curriculum,
assessments, and model professional development pro-
grams recommended by the Panel are approved by the
Board of Education, the Superintendent may submit them
to the Secretary of Education as evidence of compliance
with sections 1111, 1112, and 1119 of the Elementary
and Secondary Education Act of 1965.
SEC. 2253. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Panel shall
be comprised of the Superintendent and 6 other members
appointed as follows:
(1) 2 members appointed by the Speaker of the
House of Representatives.
(2) 2 members appointed by the majority leader
of the Senate.
(3) 1 member appointed by the President.
(4) 1 member appointed by the Mayor who—
(A) is a parent of a minor student enrolled
in a District of Columbia public school; and
(B) is active in a parent organization.
140
(b) EXPERTISE.—The members of the Panel ap-
pointed under paragraphs (1), (2), and (3) of subsection
(a) shall be appointed from among individuals who are na-
tionally recognized experts on education reform in the
United States or who are nationally recognized experts on
education in other nations, including the areas of curricu-
lum, assessment, and teacher training.
(c) TERMS.—The term of service of each member of
the Panel shall begin on the date of appointment of the
member and shall end on the date of the termination of
the Panel, unless the member resigns from the Panel or
becomes incapable of continuing to serve on the Panel.
(d) CHAIRPERSON.—The members of the Panel shall
select a chairperson from among them.
(e) DATE OF APPOINTMENT.—The members of the
Panel shall be appointed not later than 30 days after the
date of the enactment of this Act.
(f) COMMENCEMENT OF DUTIES.—The Panel may
begin to carry out its duties under this part when 5 mem-
bers of the Panel have been appointed.
(g) VACANCIES.—A vacancy on the Panel shall not
affect the powers of the Panel, but shall be filled in the
same manner as the original appointment.
141
SEC. 2254. CONSULTATION.
The Panel shall conduct its work in consultation
with—
(1) officials of the District of Columbia public
schools who have been identified by the Superintend-
ent as having relevant responsibilities;
(2) the consortium established under section
2604(e); and
(3) any other persons or groups the Panel
deems appropriate.
SEC. 2255. ADMINISTRATIVE PROVISIONS.
(a) MEETINGS.—The Panel shall meet on a regular
basis, as necessary, at the call of the chairperson or a ma-
jority of its members.
(b) QUORUM.—A majority of the members shall con-
stitute a quorum for the transaction of business.
(c) VOTING AND FINAL DECISION.—
(1) PROHIBITION ON PROXY VOTING.—No indi-
vidual may vote, or exercise any other power of a
member, by proxy.
(2) FINAL DECISIONS.—In making final deci-
sions of the Panel with respect to the exercise of its
duties and powers, the Panel shall operate on the
principle of majority vote.
(d) PUBLIC ACCESS.—The Panel shall ensure public
access to its proceedings (other than proceedings, or por-
142
tions of proceedings, relating to internal personnel and
management matters) and make available to the public,
at reasonable cost, transcripts of such proceedings.
(e) NO PAY FOR PERFORMANCE OF DUTIES.—Mem-
bers of the Commission may not be paid for the perform-
ance of duties vested in the Commission.
(f) TRAVEL EXPENSES.—Each member shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with section 5702 and 5703 of title 5, Unit-
ed States Code.
SEC. 2256. GIFTS.
The Panel may, during the fiscal year ending Sep-
tember 30, 1996, accept donations of money, property,
and personal services, except that no donations may be
accepted for travel or reimbursement of travel expenses,
or for the salaries of employees of the Panel.
SEC. 2257. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.
(a) DIRECTOR.—The Chairperson of the Panel, with-
out regard to the provisions of title 5, United States Code,
relating to the appointment and compensation of officers
or employees of the United States, shall appoint a Director
to be paid at a rate not to exceed the rate of basic pay
for level V of the Executive Schedule.
(b) APPOINTMENT AND PAY OF EMPLOYEES.—
143
(1) APPOINTMENT.—The Director may appoint
not more than 6 additional employees to serve as
staff to the Panel without regard to the provisions
of title 5, United States Code, governing appoint-
ments in the competitive service.
(2)
PAY.—The
employees
appointed
under
paragraph (1) may be paid without regard to the
provisions of chapter 51 and subchapter III of chap-
ter 53 of title 5, United States Code, relating to
classification and General Schedule pay rates, but
shall not be paid a rate that exceeds the maximum
rate of basic pay payable for GS–15 of the General
Schedule.
(c) EXPERTS AND CONSULTANTS.—The Panel may
procure temporary and intermittent services of experts
and consultants under section 3109(b) of title 5, United
States Code.
(d) STAFF OF FEDERAL AGENCIES.—Upon the re-
quest of the Panel, the head of any department or agency
of the United States may detail any of the personnel of
such agency to the Panel to assist the Panel in its duties
under this part.
SEC. 2258. TERMINATION OF PANEL.
The Panel shall terminate upon the completion of its
work, but not later than August 1, 1996.
144
SEC. 2259. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this part $2,000,000 for fiscal year 1996. Such sum shall
remain available until expended.
PART 2—DUTIES OF BOARD OF EDUCATION WITH
RESPECT TO CORE CURRICULUM, ASSESS-
MENTS, AND PROMOTION GATES
SEC. 2261. DEVELOPMENT OF CORE CURRICULUM AND DIS-
TRICT-WIDE ASSESSMENTS.
(a) IN GENERAL.—If the Board of Education does
not approve both the core curriculum and the district-wide
assessments recommended by the Panel under section
2252, the Superintendent shall develop or select, with the
approval of the Board of Education, an alternative cur-
riculum and alternative district-wide assessments that sat-
isfy the requirements of paragraphs (1) and (2) of sub-
section (a), and subsection (b), of such section, except that
the reference to the Panel in section 2252(b) shall be con-
sidered a reference to the Superintendent.
(b) DEADLINE.—If the Board of Education does not
approve both the core curriculum and the district-wide as-
sessments recommended by the Panel under section 2252,
the Superintendent shall meet the requirements of sub-
section (a) not later than August 1, 1996.
145
SEC. 2262. ASSESSMENTS.
(a) ADMINISTRATION OF ASSESSMENTS.—The Su-
perintendent shall administer the assessments developed
or selected under section 2252 or 2261 to students en-
rolled in the District of Columbia public schools and public
charter schools on an annual basis.
(b) DISSEMINATION OF INFORMATION.—
(1) IN GENERAL.—Except as provided by para-
graph (2), the information derived from the assess-
ments administered under subsection (a) shall be
made available, on an annual basis, to the appro-
priate congressional committees, the District of Co-
lumbia Council, the Mayor, parents, and other mem-
bers of the public.
(2) LIMITATION.—To release any such informa-
tion, the Superintendent shall comply with the re-
quirements of section 444 of the General Education
Provisions Act (20 U.S.C 1232g).
SEC. 2263. PROMOTION GATES.
(a) KINDERGARTEN
THROUGH 4TH GRADE.—Not
later than August 1, 1996, the Superintendent shall estab-
lish and implement promotion gates with respect to not
less than one grade level from kindergarten through and
including the 4th grade.
(b) 5TH THROUGH 8TH GRADES.—Not later than Au-
gust 1, 1997, the Superintendent shall establish and im-
146
plement promotion gates with respect to not less than one
grade level from the 5th grade through and including the
8th grade.
(c) 9TH THROUGH 12TH GRADES.—Not later than
August 1, 1998, the Superintendent shall establish and
implement promotion gates with respect to not less than
one grade level from the 9th grade through and including
the 12th grade.
(d) INTERIM DEADLINE.—Not later than February
1, 1996, the Superintendent shall designate the grade lev-
els with respect to which promotion gates will be estab-
lished and implemented.
Subtitle E—Per Capita District of
Columbia
Public
School
and
Public Charter School Funding
SEC. 2301. ANNUAL BUDGETS FOR SCHOOLS.
(a) IN GENERAL.—For fiscal year 1997 and for each
subsequent fiscal year, the Mayor shall make annual pay-
ments from the general fund of the District of Columbia
in accordance with the formula established under sub-
section (b).
(b) FORMULA.—
(1) IN GENERAL.—The Mayor and the District
of Columbia Council, in consultation with the Board
147
of Education and the Superintendent, shall establish
a formula which determines the amount—
(A) of the annual payment to the Board of
Education for the operating expenses of the
District of Columbia public schools, which for
purposes of this paragraph includes the operat-
ing expenses of the Board of Education and the
Office of the Superintendent; and
(B) of the annual payment to each public
charter school for the operating expenses of
each such public charter school established in
accordance with subtitle B.
(2) FORMULA CALCULATION.—Except as pro-
vided in paragraph (3), the amount of the annual
payment under paragraph (1) shall be calculated by
multiplying a uniform dollar amount used in the for-
mula established under such paragraph by—
(A) the number of students calculated
under section 2302 that are enrolled at District
of Columbia public schools, in the case of the
payment under paragraph (1)(A); or
(B) the number of students calculated
under section 2302 that are enrolled at each
public charter school, in the case of a payment
under paragraph (1)(B).
148
(3) EXCEPTION.—Notwithstanding paragraph
(2), the Mayor and the District of Columbia Council,
in consultation with the Board of Education and the
Superintendent, may adjust the formula—
(A) to increase or decrease the amount of
the annual payment to the District of Columbia
public schools or each public charter school
based on a calculation of—
(i) the number of students served by
such schools in certain grade levels; and
(ii) the cost of educating students at
such certain grade levels; and
(B) to increase the amount of the annual
payment if the District of Columbia public
schools or each public charter school serve a
high number of students with special needs (as
such term is defined under paragraph (4)).
(4) DEFINITION.—The Mayor and the District
of Columbia Council shall develop a definition of the
term ‘‘students with special needs’’ for purposes of
carrying out this title.
SEC. 2302. CALCULATION OF NUMBER OF STUDENTS.
(a) SCHOOL REPORTING REQUIREMENT.—
(1) IN GENERAL.—Not later than September
15 of each year, beginning in fiscal year 1997, each
149
District of Columbia public school and public charter
school shall submit a report to the Mayor, District
of Columbia Council, Board of Education, the Au-
thority, and the eligible chartering authority that ap-
proved its charter, containing the information de-
scribed in subsection (b).
(2) SPECIAL RULE.—Not later than April 1 of
each year, beginning in 1997, each public charter
school shall submit a report in the same form and
manner as described in paragraph (1) to ensure ac-
curate payment under section 2303(a)(2)(B)(ii).
(b) CALCULATION OF NUMBER OF STUDENTS.—Not
later than 30 days after the date of the enactment of this
Act, and not later than October 15 of each year thereafter,
the Board of Education shall calculate the following:
(1) The number of students, including non-
resident students, enrolled in kindergarten through
grade 12 of the District of Columbia public schools
and in public charter schools established in accord-
ance with this title and the number of students
whose tuition for enrollment in other schools is paid
for by funds available to the District of Columbia
public schools.
150
(2) The amount of fees and tuition assessed
and collected from the nonresident students de-
scribed in paragraph (1).
(3) The number of students, including non-
resident students, enrolled in pre-school and pre-kin-
dergarten in the District of Columbia public schools
and in public charter schools established in accord-
ance with this title.
(4) The amount of fees and tuition assessed
and collected from the nonresident students de-
scribed in paragraph (3).
(5) The number of full time equivalent adult
students enrolled in adult, community, continuing,
and vocational education programs in the District of
Columbia
public
schools
and
in
public
charter
schools established in accordance with this title.
(6) The amount of fees and tuition assessed
and collected from resident and nonresident adult
students described in paragraph (5).
(7) The number of students, including non-
resident students, enrolled in non-grade level pro-
grams in District of Columbia public schools and in
public charter schools established in accordance with
this title.
151
(8) The amount of fees and tuition assessed
and collected from nonresident students described in
paragraph (7).
(c) ANNUAL REPORTS.—Not later than 30 days after
the date of the enactment of this Act, and not later than
October 15 of each year thereafter, the Board of Edu-
cation shall prepare and submit to the Authority, the
Mayor, the District of Columbia Council, the Comptroller
General of the United States, and the appropriate congres-
sional committees a report containing a summary of the
most recent calculations made under subsection (b).
(d) AUDIT OF INITIAL CALCULATIONS.—
(1) IN GENERAL.—The Comptroller General of
the United States shall conduct an audit of the ini-
tial calculations described in subsection (b).
(2) CONDUCT
OF
AUDIT.—In conducting the
audit,
the
Comptroller
General
of
the
United
States—
(A) shall provide an opinion as to the accu-
racy of the information contained in the report
described in subsection (b); and
(B) shall identify any material weaknesses
in the systems, procedures, or methodology used
by the Board of Education—
152
(i) in determining the number of stu-
dents, including nonresident students, en-
rolled in the District of Columbia public
schools and in public charter schools estab-
lished in accordance with this title and the
number of students whose tuition for en-
rollment in other school systems is paid for
by funds available to the District of Co-
lumbia public schools; and
(ii) in assessing and collecting fees
and tuition from nonresident students.
(3) SUBMISSION OF AUDIT.—Not later than 45
days after the date on which the Comptroller Gen-
eral of the United States receives the initial annual
report from the Board of Education under sub-
section (c), the Comptroller General shall submit to
the Authority, the Mayor, the District of Columbia
Council, and the appropriate congressional commit-
tees the audit conducted under this subsection.
(4)
AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the
Comptroller General of the United States $75,000
for fiscal year 1996 for the purpose of carrying out
this subsection.
153
SEC. 2303. PAYMENTS TO PUBLIC CHARTER SCHOOLS.
(a) IN GENERAL.—
(1) ESCROW FOR PUBLIC CHARTER SCHOOLS.—
Except as provided in subsection (b), for any fiscal
year, not later than 10 days after the date of enact-
ment of the District of Columbia Appropriations Act
for such fiscal year, the Mayor shall place in escrow
an amount equal to the aggregate of the amounts
determined under section 2301(b)(1)(B) for use only
by District of Columbia public charter schools.
(2) TRANSFER OF ESCROW FUNDS.—
(A) 1997
INITIAL
PAYMENT.—Beginning
in 1997, not later than October 15 of each
year, the Mayor shall transfer, by electronic
funds transfer, an amount equal to 75 percent
of the amount of the annual payment for a pub-
lic charter school determined by using the for-
mula established pursuant to section 2301(b) to
a
bank
designated
by
each
public
charter
school.
(B) 1997 FINAL PAYMENT.—
(i) Except as provided in clause (ii),
not later than May 1 of each year begin-
ning in 1997, the Mayor shall transfer the
remainder of the annual payment for a
public charter school in the same manner
154
as the initial payment was made under
subparagraph (A).
(ii) Beginning in 1997, not later than
March 15, if the enrollment number of a
public charter school has changed from the
number reported to the Mayor, District of
Columbia Council, Board of Education, the
Authority, and the eligible chartering au-
thority that approved its charter as re-
quired
under
section
2302(a)(2),
the
Mayor shall increase the payment in an
amount equal to 50 percent of the amount
provided for each student who has enrolled
without another student withdrawing or
dropping out, or shall reduce the payment
in an amount equal to 50 percent of the
amount provided for each student who has
withdrawn or dropped out of school with-
out another student replacement.
(C) PRO RATA REDUCTION OR INCREASE
IN PAYMENTS.—
(i) If the funds made available to the
District of Columbia public schools for any
fiscal year are insufficient to pay the full
amount that each school is eligible to re-
155
ceive under this subtitle for such year, the
Mayor shall ratably reduce such amounts
for such year.
(ii) If additional funds become avail-
able for making payments under this sub-
title for such fiscal year, amounts that
were reduced under subparagraph (A) shall
be increased on the same basis as such
amounts were reduced.
(D)
UNEXPENDED
FUNDS.—Any
funds
that remain in the escrow account for public
charter schools on September 30 of a fiscal year
shall revert to the general fund of the District
of Columbia.
(b) EXCEPTION FOR NEW SCHOOLS.—
(1) AUTHORIZATION.—There are authorized to
be appropriated $200,000 for any fiscal year for the
purpose of carrying out this subsection.
(2) DISBURSEMENT TO MAYOR.—The Secretary
of the Treasury shall make available and disburse to
the Mayor, not later than August 1 of each of the
years 1996 through 2000, such funds as have been
appropriated under paragraph (1).
(3) ESCROW.—The Mayor shall place in escrow,
for use by public charter schools, any sum disbursed
156
under paragraph (2) that has not yet been paid
under paragraph (4).
(4) PAYMENTS TO SCHOOLS.—The Mayor shall
pay to public charter schools described in paragraph
(5), in accordance with this subsection, any sum dis-
bursed under paragraph (2).
(5)
SCHOOLS
DESCRIBED.—The
schools
re-
ferred to in paragraph (4) are public charter schools
that—
(A) did not operate as public charter
schools during any portion of the fiscal year
preceding the fiscal year for which funds are
authorized to be appropriated under paragraph
(1); and
(B) operated as public charter schools dur-
ing the fiscal year for which funds are author-
ized to be appropriated under paragraph (1).
(6) FORMULA.—
(A) 1996.—The amount of the payment to
a public charter school described in paragraph
(5) that begins operation in fiscal year 1996
shall be calculated by multiplying $6,300 by 1⁄12
of the total anticipated enrollment as set forth
in the petition to establish the public charter
school; and
158
Subtitle F—School Facilities
Repair and Improvement
PART 1—SCHOOL FACILITIES
SEC. 2351. AGREEMENT FOR TECHNICAL ASSISTANCE.
(a) IN GENERAL.—Not later than December 31,
1995, the Administrator of the General Services Adminis-
tration and the Superintendent shall enter into a Memo-
randum of Agreement or Understanding (referred to in
this subtitle as the ‘‘Agreement’’) authorizing, to the ex-
tent provided in this subtitle, the Administrator to provide
technical assistance to the District of Columbia public
schools regarding school facilities repair and improve-
ments, including contracting for and supervising the re-
pair and improvements of such facilities and the coordina-
tion of such efforts.
(b) AGREEMENT PROVISIONS.—The Agreement shall
include the following:
(1)
GENERAL
AUTHORITY.—Provisions
that
give the Administrator authority—
(A) to supervise and direct District of Co-
lumbia public school personnel responsible for
public school facilities repair and improvements;
(B) to develop, coordinate and implement a
systemic and comprehensive facilities revitaliza-
tion program, taking into account the ‘‘Prelimi-
159
nary Facilities Master Plan 2005’’ (prepared by
the Superintendent’s Task Force on Education
Infrastructure for the 21st Century) to repair
and improve District of Columbia public school
facilities, including a list of facilities and ren-
ovation schedule that prioritizes facilities to be
repaired and improved;
(C) to accept private goods and services for
use by District of Columbia public schools, in
consultation with the nonprofit corporation re-
ferred to in section 2603;
(D) to recommend specific repair and im-
provement projects in District of Columbia pub-
lic school facilities by members and units of the
National Guard and military reserve, consistent
with section 2351(b)(1)(B); and
(E) to access all District of Columbia pub-
lic school facilities and any records or docu-
ments regarding such facilities.
(2) COOPERATION.—Assurances by the Admin-
istrator and the Superintendent to cooperate with
each other, and with the nonprofit corporation re-
ferred to in section 2603, in any way necessary, to
ensure implementation of the Agreement.
160
(c) DURATION
OF AGREEMENT.—The Agreement
shall remain in effect until the agency designated pursuant
to section 2352(a)(2) assumes responsibility for the Dis-
trict of Columbia public school facilities but shall termi-
nate not later than 24 months after the date that the
Agreement is signed, whichever is earlier.
SEC. 2352. FACILITIES REVITALIZATION PROGRAM.
(a) PROGRAM.—Not later than 24 months after the
date that the Agreement is signed, the Mayor and the Dis-
trict of Columbia Council shall—
(1) in consultation with the Administrator, the
Authority, the Board of Education, and the Super-
intendent, design and implement a facilities repair,
maintenance, improvement, and management pro-
gram; and
(2) designate a new or existing agency or au-
thority to administer such program to repair, im-
prove, and maintain the physical condition and safe-
ty of District of Columbia public school facilities.
(b) PROCEEDS.—Such management program shall
include provisions that—
(1) identify short-term funding for capital and
maintenance of such facilities, which may include re-
taining proceeds from the sale or lease of a District
of Columbia public school facility; and
161
(2) identify and designate long-term funding for
capital and maintenance of such facilities.
(c)
IMPLEMENTATION.—Upon
implementation
of
such program, the agency or authority created or des-
ignated pursuant to subsection (a)(2) shall assume au-
thority and responsibility for repair, maintenance, im-
provement, and management of District of Columbia pub-
lic schools.
SEC. 2353. DEFINITIONS.
For purposes of this subtitle, the following terms
have the following meanings:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’
means the Administrator of the General Services Adminis-
tration.
(2) FACILITIES.—The term ‘‘facilities’’ means build-
ings, structures, and real property.
SEC. 2354. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of
fiscal years 1996 and 1997, $2,000,000 to the District
of Columbia public schools for use by the Administrator
to carry out this subtitle.
PART 2—WAIVERS
SEC. 2361. WAIVERS.
(a) IN GENERAL.—All District of Columbia fees, all
requirements found in the document ‘‘The District of Co-
162
lumbia Public Schools Standard Contract Provisions’’
published by the District of Columbia public schools for
use with construction maintenance projects, shall be
waived, for purposes of repair and improvement of the
District of Columbia public schools for a period of 24
months after the date of enactment of this Act.
(b) LIMITATION.—
(1) WAIVER
APPLICATION.—A waiver under
subsection (a) shall apply only to contractors, sub-
contractors, and any other groups, entities, or indi-
viduals who donate materials and services to the
District of Columbia public schools.
(2) INSURANCE
REQUIREMENTS.—Nothing in
this section shall be construed to waive the require-
ments for a contractor to maintain adequate insur-
ance coverage.
SEC. 2362. APPLICATION FOR PERMITS.
An application for a permit during the 24-month pe-
riod described in section 2311(a), required by the District
of Columbia government for the repair or improvement of
a District of Columbia public school shall be acted upon
not later than 20 days after receipt of the application by
the respective District of Columbia permitting authorities.
163
Subtitle G—Department of
Education ‘‘D.C. Desk’’
SEC. 2401. ESTABLISHMENT.
There shall be established within the Office of the
Secretary of the Department of Education a District of
Columbia Technical Assistance Office (in this subtitle re-
ferred to as the ‘‘D.C. Desk’’).
SEC. 2402. DIRECTOR FOR DISTRICT OF COLUMBIA CO-
ORDINATED TECHNICAL ASSISTANCE.
The D.C. Desk shall be administered by a Director
for District of Columbia Coordinated Technical Assist-
ance. The Director shall be appointed by the Secretary
and shall not be paid at a rate that exceeds the maximum
rate of basic pay payable for GS–15 of the General Sched-
ule.
SEC. 2403. DUTIES.
The Director of the D.C. Desk shall—
(1) coordinate with the Superintendent a com-
prehensive technical assistance strategy by the De-
partment of Education that supports the District of
Columbia public schools first year reforms and long-
term plan described in section 2101;
(2) identify all Federal grants for which the
District of Columbia public schools are eligible to
164
apply to support implementation of its long term
plan;
(3) identify private and public resources avail-
able to the District of Columbia public schools that
are consistent with the long-term plan described in
section 2101; and
(4) provide additional technical assistance as
assigned by the Secretary which supports reform in
the District of Columbia public schools.
Subtitle H—Residential School
SEC. 2451. PLAN.
(a) IN GENERAL.—The Superintendent may develop
a plan to establish a residential school for the 1997–1998
school year.
(b) REQUIREMENTS.—If developed, the plan for the
residential school shall include, at a minimum—
(1) options for the location of the school, in-
cluding renovation or building of a new facility;
(2) financial plans for the facility, including an-
nual costs to operate the school, capital expenditures
required to open the facility, maintenance of facili-
ties, and staffing costs; and
(3) staff development and training plans.
SEC. 2452. USE OF FUNDS.
Funds under this subtitle shall be used for—
165
(1) planning requirements as described in sec-
tion 2451; and
(2) capital costs associated with the start-up of
a residential school, including the purchase of real
and personal property and the renovation of existing
facilities.
SEC. 2453. FUTURE FUNDING.
The Superintendent shall identify, not later than De-
cember 31, 1996, in a report to the Mayor, City Council,
the Authority, the Appropriations Committees of the
House of Representatives and the Senate, the House Gov-
ernmental Reform Committee, the House Economic and
Educational Opportunities Committee, and the Senate
Labor and Human Resources Committee and the Govern-
mental Affairs Committee, non-Federal funding sources
for operation of the residential school.
SEC. 2454. GIFTS.
The Superintendent may accept donations of money,
property, and personal services for purposes of the estab-
lishment and operation of a residential school.
SEC. 2455. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Dis-
trict $2,000,000 for fiscal year 1996 to carry out this sub-
title for initial start-up expenses of a residential school in
166
the District of Columbia, of which not more than
$100,000 may be used to carry out section 2451.
Subtitle I—Progress Reports and
Accountability
SEC. 2501. DISTRICT OF COLUMBIA COUNCIL REPORT.
Not later than 60 days after the date of the enact-
ment of this Act, the Chairman of the District of Columbia
Council shall submit to the appropriate congressional com-
mittees a report describing legislative and other actions
the District of Columbia Council has taken or will take
to facilitate the implementation of the reforms described
in section 2502.
SEC. 2502. SUPERINTENDENT’S REPORT ON REFORMS.
Not later than August 1, 1996, the Superintendent
shall submit to the appropriate congressional committees,
the Board of Education, the Mayor, and the District of
Columbia Council a progress report that includes the fol-
lowing:
(1) The status of the approval by the Board of
Education of the core curriculum—
(A) recommended by the Panel under sec-
tion 2252(a)(1); or
(B) selected or developed by the Super-
intendent under section 2261.
167
(2) The status of the approval by the Board of
Education of the district-wide assessments for meas-
uring student achievement—
(A) recommended by the Panel under sec-
tion 2252(a)(2); or
(B) selected or developed by the Super-
intendent under section 2261.
(3) The status of the establishment and imple-
mentation of promotion gates under section 2263.
(4) Identification of strategies to assist students
who do not meet promotion gate criteria.
(5) The status of the implementation of a policy
that provides rewards and sanctions for individual
schools based on student performance on district-
wide assessments.
(6) A description of the activities carried out
under
the
program
established
under
section
2604(e).
(7) The status of implementation by the Board
of Education, after consultation with the Super-
intendent and unions (including unions that rep-
resent teachers and unions that represent principals)
of a policy for performance-based evaluation of prin-
cipals and teachers.
168
(8) A description of how the private sector part-
nership described in subtitle K is working collabo-
ratively with the Board of Education and the Super-
intendent.
(9) The status of implementation of policies de-
veloped by the Superintendent and the Board of
Education that establish incentive pay awards for
staff of District of Columbia public schools who
meet annual performance goals based on district-
wide assessments at individual schools.
(10) A description of how staffing decisions
have been revised to delegate staffing to individual
schools and transfer additional decisionmaking with
respect to budgeting to the individual school level.
(11) A description of, and the status of imple-
mentation of, policies adopted by the Board of Edu-
cation that require competitive appointments for all
positions.
(12) The status of implementation of policies
regarding alternative teacher certification require-
ments.
(13) The status of implementation of testing re-
quirements for teacher licensing renewal.
169
(14) The status of efforts to increase the in-
volvement of families in the education of students,
including—
(A) the development of family resource
centers;
(B) the expansion of Even Start programs
described in part B of chapter 1 of title I of the
Elementary and Secondary Education Act of
1965; and
(C) the development and implementation of
policies to increase parental involvement in edu-
cation.
(15) A description of, and the status of imple-
mentation of, a policy to allow District of Columbia
public schools to be used after school hours as com-
munity centers, including the establishment of at
least one prototype pilot project in one school.
(16) A description of, and the status of imple-
mentation of, a policy to increase the participation
of tutors and mentors for students, beginning not
later than the 8th grade.
(17) A description of the status of implementa-
tion of the agreement with the Administrator of the
General Services Administration under part 1 of
subtitle E.
170
(18) A description of the status of the District
of Columbia public school central office budget and
staffing reductions from the level at the end of fiscal
year 1995 and a review of the market-based provi-
sion of services provided by the central office to
schools.
(19) The development by the Superintendent of
a system of parental choice among District of Co-
lumbia public schools where per pupil funding fol-
lows the student (‘‘Public School Vouchers’’) and
adoption by the Board of Education.
(20) The status of the processing of public
charter school petitions submitted to the Board of
Education in accordance with subtitle B.
(21) The status of the revision and implementa-
tion by the Board of Education of the discipline pol-
icy for the District of Columbia public schools in
order to ensure a safe, disciplined environment con-
ducive to learning.
Subtitle J—Low-Income
Scholarships
SEC. 2551. DISTRICT OF COLUMBIA SCHOLARSHIP COR-
PORATION.
(a) GENERAL REQUIREMENTS.—
171
(1) IN GENERAL.—There is authorized to be es-
tablished a private, nonprofit corporation, to be
known as the ‘‘District of Columbia Scholarship
Corporation’’ (referred to in this subtitle as the
‘‘Corporation’’), which is not an agency or establish-
ment of the United States Government.
(2) DUTIES.—The Corporation shall have the
responsibility and authority to administer, publicize,
and evaluate the District of Columbia Scholarship
Program, and to determine student and school eligi-
bility.
(3) CONSULTATION.—The Corporation shall ex-
ercise its authority in a manner consistent with
maximizing educational choices and opportunities for
the maximum number of interested families, and in
consultation with other school scholarship programs
in the District of Columbia.
(4) APPLICATION
OF
PROVISIONS.—The Cor-
poration shall be subject to the provisions of this
Act, and, to the extent consistent with this section,
to the District of Columbia Nonprofit Corporation
Act (D.C. Code, 29–501 et seq.).
(5) RESIDENCE.—The Corporation shall have
its place of business in the District of Columbia and
172
shall be considered, for purposes of venue in civil ac-
tions, to be a resident thereof.
(b) ORGANIZATION AND MANAGEMENT, BOARD OF
DIRECTORS.—
(1) MEMBERSHIP.—
(A) IN GENERAL.—The Corporation shall
have a Board of Directors (referred to in this
subtitle as the ‘‘Board’’), comprised of 7 mem-
bers with 6 members of the Board appointed by
the President not later than 30 days after re-
ceipt of nominations from the Speaker of the
House of Representatives and the majority
leader of the Senate.
(B) HOUSE NOMINATIONS.—The President
shall appoint 3 of the members from a list of
9 individuals nominated by the Speaker of the
House of Representatives in consultation with
the minority leader of the House of Representa-
tives.
(C) SENATE
NOMINATIONS.—The Presi-
dent shall appoint 3 members from a list of 9
individuals nominated by the majority leader of
the Senate in consultation with the minority
leader of the Senate.
173
(D)
DEADLINE.—The
Speaker
of
the
House of Representatives and majority leader
of the Senate shall submit their nominations to
the President not later than 30 days after the
date of the enactment of this Act.
(E) APPOINTEE OF MAYOR.—The Mayor
shall appoint 1 member not later than 60 days
after the date of the enactment of this Act.
(F) POSSIBLE INTERIM MEMBERS.—If the
President does not appoint the 6 members of
the Board in the 30-day period described in
subparagraph (A), the nominees of the Speaker
of the House of Representatives and of the Sen-
ate, together with the appointee of the Mayor,
shall serve as an interim Board of Directors
with all the powers and other duties of the
Board described in this subtitle, until the Presi-
dent makes the appointments as described in
this subsection.
(2) POWERS.—All powers of the Corporation
shall vest in and be exercised under the authority of
its Board of Directors.
(3) ELECTIONS.—Members of the Board annu-
ally shall elect 1 of the members to be chairperson.
174
(4) RESIDENCY.—All members appointed to the
Board must be residents of the District of Columbia
at the time of appointment and while serving on the
Board.
(5) NONEMPLOYEE.—No member of the Board
may be an employee of the United States Govern-
ment or the District of Columbia government when
appointed or during tenure on the Board, unless the
individual is on a leave of absence from such a posi-
tion while serving on the Board.
(6) INCORPORATION.—The members of the ini-
tial Board of Directors shall serve as incorporators
and shall take whatever steps are necessary to estab-
lish the Corporation under the District of Columbia
Nonprofit Corporation Act (D.C. Code 29–501 et
seq.).
(7) GENERAL
TERM.—The term of office of
each member shall be 5 years, except that any mem-
ber appointed to fill a vacancy occurring prior to the
expiration of the term for which the predecessor was
appointed shall be appointed for the remainder of
such term.
(8) CONSECUTIVE TERM.—No member of the
Board shall be eligible to serve in excess of 2 con-
secutive terms of 5 years each. A partial term shall
175
be considered as 1 full term. Any vacancy on the
Board shall not affect its power, but shall be filled
in a manner consistent with this subtitle.
(9) NO BENEFIT.—No part of the income or as-
sets of the Corporation shall inure to the benefit of
any Director, officer, or employee except as salary or
reasonable compensation for services.
(10) POLITICAL
ACTIVITY.—The Corporation
may not contribute to or otherwise support any po-
litical party or candidate for elective public office.
(11)
NO
OFFICERS.—The
members
of
the
Board shall not, by reason of such membership, be
considered to be officers or employees of the United
States.
(12) STIPENDS.—The members of the Board,
while attending meetings of the Board or while en-
gaged in duties related to such meetings or other ac-
tivities of the Board pursuant to this subtitle, shall
be entitled to a stipend. Such stipend shall be at the
rate of $150 per day for which the Board member
has been officially recorded as having worked, except
that no member may be paid a total stipend amount
in any calendar year in excess of $5,000.
(c) OFFICERS AND STAFF.—
176
(1) EXECUTIVE
DIRECTOR.—The Corporation
shall have an Executive Director, and such other
staff, as may be appointed by the Board for terms
and at rates of compensation to be fixed by the
Board.
(2) ANNUAL RATE.—No staff of the Corpora-
tion may be compensated by the Corporation at an
annual rate of pay which exceeds the basic rate of
pay in effect from time to time for level IV of the
Executive Schedule under section 5312 of title 5,
United States Code.
(3) CITIZENSHIP.—No individual other than a
citizen of the United States may be a member of the
Board of Directors, or staff of the Corporation.
(4) SERVICE.—All officers and employees shall
serve at the pleasure of the Board.
(5) QUALIFICATION.—No political test or quali-
fication may be used in selecting, appointing, pro-
moting, or taking other personnel actions with re-
spect to officers, agents, or employees of the Cor-
poration.
(d) POWERS OF THE CORPORATION.—
(1) GENERALLY.—The Corporation is author-
ized to obtain grants from, and make contracts with,
177
individuals and with private, State, and Federal
agencies, organizations, and institutions.
(2) HIRING AUTHORITY.—The Corporation may
hire, or accept the voluntary services of, consultants,
experts, advisory boards, and panels to aid the Cor-
poration in carrying out the purposes of this sub-
title.
(e) FINANCIAL MANAGEMENT AND RECORDS.—
(1) AUDITS.—The accounts of the Corporation
shall be audited annually in accordance with gen-
erally accepted auditing standards by independent
certified public accountants. The audits shall be con-
ducted at the place where the accounts of the Cor-
poration are normally kept. All books, accounts, fi-
nancial records, reports, files, and all other papers,
things, or property belonging to or in use by the
Corporation and necessary to facilitate the audits
shall be made available to the person conducting the
audit.
(2) REPORT.—The report by each such inde-
pendent audit shall be included in the annual report
to Congress required by section 2602.
SEC. 2552. FUNDING.
(a) FUND.—There is hereby established in the Treas-
ury a fund that shall be known as the District of Columbia
178
Scholarship Fund, to be administered by the Secretary of
the Treasury.
(b) DISBURSEMENT.—The Secretary of the Treasury
shall make available and disburse to the corporation, at
the beginning of each of fiscal years 1996 through 2000,
such funds as have been appropriated to the District of
Columbia Scholarship Fund for the fiscal year in which
such disbursement is to be made.
(c) AVAILABILITY.—Funds authorized to be appro-
priated under this subtitle shall remain available until ex-
pended.
(d) USES.—Funds authorized to be appropriated
under this subtitle shall be used by the Corporation in a
prudent and financially responsible manner, solely for
scholarships, contracts, and administrative costs.
(e) AUTHORIZATION.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Fund—
(A) $5,000,000 for fiscal year 1996; and
(B) $7,000,000 for fiscal year 1997, and
$10,000,000 for each of fiscal years 1998
through 2000.
(2)
LIMITATION.—Not
more
than
$500,000
may be used in any fiscal year by the Corporation
for any purpose other than assistance to students.
179
SEC. 2553. SCHOLARSHIPS AUTHORIZED.
(a) IN GENERAL.—The District of Columbia Scholar-
ship Corporation established under section 2501 is author-
ized in accordance with this subtitle to award scholarships
to students in grades K–12—
(1) who are District of Columbia residents; and
(2) whose families are at or below 185 percent
of the Federal poverty guidelines updated annually
in the Federal Register by the Department of
Health and Human Services under authority of sec-
tion 673(2) of the Omnibus Budget Reconciliation
Act of 1981.
(b) USE OF SCHOLARSHIP.—A scholarship may be
used only for—
(1) the cost of the tuition of a private or inde-
pendent school located within the geographic bound-
aries of the District of Columbia or the cost of the
tuition of public, private, or independent school lo-
cated within Montgomery County, Maryland; Prince
Georges County, Maryland; Arlington County, Vir-
ginia; Alexandria City, Virginia; Falls Church City,
Virginia; or Fairfax County, Virginia; or
(2) the cost of fees and other expenses for in-
structional services provided to students on school
grounds outside of regular school hours or the cost
of transportation for a student enrolled in a District
180
of Columbia public school, public charter school, or
independent or private school participating in the
tuition scholarship program.
(c) NOT SCHOOL AID.—A scholarship shall be consid-
ered assistance to the student and shall not be considered
assistance to the school.
SEC. 2554. ELIGIBILITY.
(a) IN GENERAL.—A student who is entitled to re-
ceive a public school education in the District of Columbia
and who meets the requirements of section 2553(a) is eli-
gible for a scholarship under subsections (c) and (d) of
section 2555.
(b) PRIORITY IN YEAR ONE.—In fiscal year 1996,
priority shall be given to students currently enrolled in a
District of Columbia public school or preparing to enter
kindergarten in 1996.
(c) SUBSEQUENT PRIORITY.—In subsequent fiscal
years, priority shall be given to scholarship recipients from
the preceding year.
SEC. 2555. SCHOLARSHIPS.
(a) AWARDS.—From the funds made available under
this subtitle, the Corporation shall award scholarships and
make payments, on behalf of the student, to participating
schools as described in section 2559.
181
(b) NOTIFICATION.—Each school that enrolls schol-
arship students shall notify the Corporation—
(A) not later than 10 days after the date
that a student is enrolled, of the names, ad-
dresses, and grade level of each scholarship stu-
dent to the Corporation; and
(B) not later than 10 days after the date
of the withdrawal of any scholarship student.
(c) TUITION SCHOLARSHIP AMOUNT.—
(1) BELOW POVERTY LEVEL.—For a student
whose family income is at or below the poverty level,
a tuition scholarship amount may not exceed the
lesser of—
(A) the cost of a school’s tuition; or
(B) $3,000 in 1996 with such amount ad-
justed
in
proportion
to
changes
in
the
Consumer Price Index of all urban consumers
published by the Department of Labor for each
of fiscal years 1997 through 2000.
(2) ABOVE
POVERTY
LEVEL.—For a student
whose family income is greater than the poverty
level, but not more than 185 percent above the pov-
erty level, a tuition scholarship amount may not ex-
ceed the lesser of—
182
(A) 50 percent of the cost of a school’s tui-
tion; or
(B) $1,500 in 1996 with such amount ad-
justed
in
proportion
to
changes
in
the
Consumer Price Index of all urban consumers
published by the Department of Labor for each
of fiscal years 1997 through 2000.
(d)
FEE
OR
TRANSPORTATION
SCHOLARSHIP
AMOUNT.—The fee or transportation scholarship amount
may not exceed the lesser of—
(1) fees for instructional services provided to
students on school grounds outside of regular school
hours or the costs of transportation for students en-
rolled in the District of Columbia public schools,
public charter schools, or independent or private
schools participating in the tuition scholarship pro-
gram; or
(2) $500 in fiscal year 1996 with such amount
adjusted
in
proportion
to
the
changes
in
the
Consumer Price Index of all urban consumers pub-
lished by the Department of Labor for each of the
fiscal years 1997 through 2000.
(e) PROPORTION OF DIFFERENT TYPES OF SCHOL-
ARSHIPS.—In each year, the Corporation shall ensure that
the number of scholarships awarded for tuition and the
183
number awarded for fees or transportation shall be equal,
to the extent practicable.
(f) FUNDING SHORTFALL.—If, after the District of
Columbia Scholarship Corporation determines the total
number of eligible applicants for an academic year sur-
passes the amount of funds available in a fiscal year to
fund all awards for such academic year, a random selec-
tion process shall be used to determine which eligible ap-
plicants receive awards.
(g) EXCEPTION.—Subsection (e) shall not apply to
individuals receiving scholarship priority described in sub-
sections (b) and (c) of section 2554.
SEC. 2556. SCHOOL ELIGIBILITY FOR TUITION SCHOLAR-
SHIPS.
(a) APPLICATION.—A school that desires to accept
tuition scholarship students for a school year shall file an
application with the Corporation by July 1 of the preced-
ing school year, except that in fiscal year 1996, schools
shall file such applications by such date as the Corporation
shall designate for such purpose. In the application, the
school shall—
(1) certify that it has operated during the cur-
rent school year with not less than 25 students,
(2) assure that it will comply with all applicable
requirements of this subtitle; and
184
(3) provide the most recent financial audit,
completed not earlier than 3 years before the date
such application is filed, from an independent cer-
tified public accountant using generally accepted au-
diting standards.
(b) ELIGIBILITY CERTIFICATION.—
(1) IN GENERAL.—Except as provided in para-
graph (3), not later than 60 days after receipt of
such information, the Corporation shall certify the
eligibility of a school to participate in the tuition
scholarship program.
(2) CONTINUATION.—Eligibility shall continue
in subsequent years unless revoked as described in
subsection (d).
(3) EXCEPTION FOR 1996.—In fiscal year 1996
after receipt of the information described in sub-
section (a), the Corporation shall certify the eligi-
bility of a school to participate in the tuition scholar-
ship program at the earliest practicable date.
(c) NEW SCHOOLS.—
(1) IN GENERAL.—A school that did not oper-
ate in the preceding academic year may apply for a
1-year provisional certification of eligibility to par-
ticipate in the tuition scholarship program for a sin-
gle school year by providing to the Corporation not
185
later than July 1 of the preceding calendar year for
which such school intends to begin operations—
(A) a list of the organization’s board of di-
rectors;
(B) letters of support from not less than
10 members of the community;
(C) a business plan;
(D) intended course of study;
(E) assurances that it will begin operations
with not less than 25 students; and
(F) assurances that it will comply with all
applicable requirements of this subtitle.
(2) CERTIFICATION.—Not later than 60 days
after the date of receipt of the information referred
to in paragraph (1), the Corporation shall certify in
writing the school’s provisional eligibility for the tui-
tion scholarship program unless good cause exists to
deny certification.
(3)
DENIAL
OF
CERTIFICATION.—If
certifi-
cation or provisional certification is denied for par-
ticipation in the tuition scholarship program, the
Corporation shall provide a written explanation to
the applicant school of the reasons for such decision.
(d) REVOCATION OF ELIGIBILITY.—
186
(1) IN GENERAL.—Upon written petition from
the parent of a tuition scholarship student or on the
Corporation’s own motion, the Corporation may,
after notice and hearing, revoke a school’s certifi-
cation of eligibility for tuition scholarships for the
subsequent school year for good cause, including a
finding of a pattern of violation of program require-
ments described in section 2557(a).
(2) EXPLANATION.—If the eligibility of a school
is revoked, the Corporation shall provide a written
explanation for its decision to such school.
SEC.
2557.
TUITION
SCHOLARSHIP
PARTICIPATION
RE-
QUIREMENTS FOR INDEPENDENT AND PRI-
VATE SCHOOLS.
(a) INDEPENDENT AND PRIVATE SCHOOL REQUIRE-
MENTS.—Independent and private schools participating in
the tuition scholarship program shall—
(1) not discriminate on the basis of race, color,
or national origin, or on the basis of a student’s dis-
abilities if the school is equipped to provide an ap-
propriate education;
(2) abide by all applicable health and safety re-
quirements
of
the
District
of
Columbia
public
schools;
187
(3) provide to the Corporation not later than
June 30 of each year the most recent financial audit
completed not earlier than 3 years before the date
the application is filed from an independent certified
public accountant using generally accepted auditing
standards;
(4) abide by all local regulations in effect for
independent or private schools;
(5) provide data to the Corporation as set forth
in section 2562, and conform to tuition requirements
as set forth in section 2555; and
(6) charge tuition scholarship recipients the
same tuition amount as other students who are resi-
dents of the District of Columbia and enrolled in the
same school.
(b) COMPLIANCE.—The Corporation may require
documentation of compliance with the requirements of
subsection (a), but neither the Corporation nor any gov-
ernmental entity may impose additional requirements
upon independent and private schools as a condition of
participation.
(c) WITHDRAWAL
FROM PROGRAM.—Schools may
withdraw from the tuition scholarship program at any
time, refunding to the Corporation the proportion of any
scholarship payments already received for the remaining
188
days in the school year on a pro rata basis. If a school
withdraws during an academic year, it shall permit schol-
arship students to complete the year at their own expense.
SEC. 2558. 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.
SEC. 2559. PAYMENTS FOR TUITION SCHOLARSHIPS.
(a) IN GENERAL.—
(1) PROPORTIONAL
PAYMENT.—The Corpora-
tion shall make tuition scholarship payments to par-
ticipating schools not later than October 15 of each
year equal to half the total value of the scholarships
awarded to students enrolled at such school, and
half of such amount not later than January 15 of
the following calendar year.
(2)
PRO
RATA
AMOUNTS
FOR
STUDENT
WITHDRAWL.—
(A) BEFORE PAYMENT.—If a student with-
draws before a tuition scholarship payment is
made,
the
school
shall
receive
a
pro
rata
amount based on the school’s tuition for the
number of days the student was enrolled.
189
(B) AFTER PAYMENT.—If a student with-
draws after a tuition scholarship payment is
made, the school shall refund to the Corpora-
tion the proportion of any scholarship payments
already received for the remaining days of the
school year on a pro rata basis. Such refund
shall occur not later than 30 days after the
date of the withdrawal of a student.
(b) FUND TRANSFERS.—The Corporation shall make
tuition scholarship payments to participating schools by
electronic funds transfer. If such an arrangement is not
available, the school shall submit an alternative proposal
to the Corporation for approval.
SEC. 2560. TUITION SCHOLARSHIP APPLICATION PROCE-
DURES.
The Corporation shall implement a schedule and pro-
cedures for processing applications for the tuition scholar-
ship program that includes a list of eligible schools, dis-
tribution of information to parents and the general public,
and deadlines for steps in the application and award proc-
ess.
SEC. 2561. TUITION SCHOLARSHIP REPORTING REQUIRE-
MENTS.
(a) IN GENERAL.—A school enrolling tuition scholar-
ship students shall report not later than July 30 of each
190
year in a manner prescribed by the Corporation, the fol-
lowing data:
(1) Standardized test scores, if any, for scholar-
ship students.
(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.
(6) Student attendance for scholarship stu-
dents.
(7) General information on curriculum, pro-
grams, facilities, credentials of personnel, and dis-
ciplinary rules.
(b) CONFIDENTIALITY.—No personal identifiers may
be used in the body of such report except that the Cor-
poration may request such confidential information solely
for the purpose of verification.
191
SEC. 2562. FEE OR TRANSPORTATION SCHOLARSHIP PRO-
CEDURES AND CRITERIA.
(a) POLICIES AND PROCEDURES.—The Corporation
shall implement policies and procedures and criteria for
administering scholarships for use with providers approved
by the Corporation either for the cost of fees for instruc-
tional services provided to students on school grounds out-
side of regular school hours or for the costs of transpor-
tation for students enrolled in District of Columbia public
schools, public charter schools, or independent or private
schools participating in the tuition scholarship program.
(b) INFORMATION DISSEMINATION.—The Corpora-
tion shall distribute information describing the policies
and procedures and criteria developed pursuant to sub-
section (a), using the most efficient and practicable meth-
ods available, to potential applicants and other interested
parties within the geographic boundaries of the District
of Columbia.
SEC. 2563. PROGRAM APPRAISAL.
(a) STUDY.—Not later than 4 years after the date
of enactment of this Act, the Corporation shall provide
for an evaluation of the tuition scholarship program, in-
cluding—
(1) comparison of test scores between tuition
scholarship students and District of Columbia public
192
school students of similar background, including by
income level;
(2) comparison of graduation rates between tui-
tion scholarship students and District of Columbia
public school students of similar background, includ-
ing by income level; and
(3) satisfaction of parents of scholarship stu-
dents.
(b) 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 con-
gressional committees.
SEC. 2564. JUDICIAL REVIEW.
(a) IN GENERAL.—
(1) JURISDICTION.—The United States District
Court for the District of Columbia shall have juris-
diction over any legal challenges to the tuition schol-
arship program and shall provide expedited review.
(2) PROTECTABLE
INTERESTS.—Parents and
children shall be considered to have a separate
protectable interest and entitled to intervene as de-
fendants in any such action.
(3) TIMELY REVIEW.—The court shall render a
prompt decision.
193
(b) APPEALS.—If the tuition scholarship program or
any part thereof is enjoined or ruled invalid, the decision
is directly appealable to the United States Supreme Court.
Subtitle K—Partnerships With
Business
SEC. 2601. PURPOSE.
It is the purpose of this title to leverage private sector
funds utilizing initial Federal investments in order to pro-
vide students and teachers within the District of Columbia
public schools and public charter schools with access to
state-of-the-art educational technology, to establish a re-
gional job training and employment center, to strengthen
workforce preparation initiatives for students within the
District of Columbia public schools and public charter
schools, and to coordinate private sector investments in
carrying out this title.
SEC. 2602. DUTIES OF THE SUPERINTENDENT OF THE DIS-
TRICT OF COLUMBIA PUBLIC SCHOOLS.
Not later than 45 days after the date of the enact-
ment of this Act, the Superintendent of the District of
Columbia public schools—
(1) shall provide a grant to a private, nonprofit
corporation that meets the eligibility criteria under
section 2603 for the purposes of carrying out the
duties under section 2604; and
194
(2) shall establish a nonprofit organization in
accordance with the District of Columbia Nonprofit
Corporation Act for the purpose of carrying out the
duties under section 2605.
SEC.
2603.
ELIGIBILITY
CRITERIA
FOR
PRIVATE,
NON-
PROFIT CORPORATION.
A private, nonprofit corporation shall be eligible to
receive a grant under section 2602(1) if the corporation
is a national business organization which is incorporated
in the District of Columbia and which—
(1) has a board of directors which includes
members who are also chief executive officers of
technology-related corporations involved in education
and workforce development issues;
(2) has extensive practical experience with ini-
tiatives that link business resources and expertise
with education and training systems;
(3) has experience in working with State and
local educational entities throughout the United
States on the integration of academic studies with
workforce preparation programs; and
(4) has a nationwide structure through which
additional resources can be leveraged and innovative
practices disseminated.
195
SEC. 2604. DUTIES OF THE PRIVATE, NONPROFIT CORPORA-
TION.
(a) DISTRICT EDUCATION
AND LEARNING TECH-
NOLOGIES ADVANCEMENT COUNCIL.—
(1) ESTABLISHMENT.—The corporation shall
establish a council to be known as the ‘‘District
Education and Learning Technologies Advancement
Council’’ or ‘‘DELTA Council’’ (in this title referred
to as the ‘‘council’’).
(2) MEMBERSHIP.—
(A) IN GENERAL.—The corporation shall
appoint members to the council. An individual
shall be appointed as a member to the council
on the basis of the commitment of the individ-
ual, or the entity which the individual is rep-
resenting, to providing time, energy, and re-
sources to the council.
(B)
COMPENSATION.—Members
of
the
council shall serve without compensation.
(3) DUTIES.—The council—
(A) shall advise the corporation in the du-
ties of the corporation under subsections (b)
through (d) of this section; and
(B)
shall
assist
the
corporation
in
leveraging private sector resources for the pur-
196
pose of carrying out such duties of the corpora-
tion.
(b) ACCESS TO STATE-OF-THE-ART EDUCATIONAL
TECHNOLOGY.—
(1) IN GENERAL.—The corporation, in conjunc-
tion with the Superintendent, students, parents, and
teachers, shall establish and implement strategies to
ensure access to state-of-the-art educational tech-
nology within the District of Columbia public schools
and public charter schools established in accordance
with this Act.
(2) TECHNOLOGY ASSESSMENT.—
(A) IN GENERAL.—In establishing and im-
plementing the strategies under paragraph (1),
the corporation, not later than 90 days after
the date of the enactment of this Act, shall pro-
vide for an assessment of the current availabil-
ity of state-of-the-art educational technology
within the District of Columbia public schools
and public charter schools established in ac-
cordance with this Act.
(B) CONDUCT OF ASSESSMENT.—In pro-
viding for the assessment under subparagraph
(A), the corporation—
197
(i) shall provide for on-site inspections
of the state-of-the-art educational tech-
nology within a minimum sampling of Dis-
trict of Columbia public schools and public
charter schools established in accordance
with this Act; and
(ii) shall ensure proper input from
students,
parents,
teachers,
and
other
school officials through the use of focus
groups and other appropriate mechanisms.
(C) RESULTS OF ASSESSMENT.—The cor-
poration shall ensure that the assessment car-
ried out under this paragraph provides, at a
minimum, necessary information on state-of-
the-art educational technology within the Dis-
trict of Columbia public schools and public
charter schools established in accordance with
this Act, including—
(i) the extent to which typical public
schools within the District of Columbia
have access to such state-of-the-art edu-
cational technology and training for such
technology;
(ii) how such schools are using such
technology;
198
(iii) the need for additional technology
and the need for infrastructure for the im-
plementation of such additional technology;
(iv) the need for computer hardware,
software, training, and funding for such
additional
technology
or
infrastructure;
and
(v) the potential for computer linkages
among District of Columbia public schools
and public charter schools.
(3) SHORT-TERM TECHNOLOGY PLAN.—
(A) IN GENERAL.—Based upon the results
of the technology assessment under paragraph
(2), the corporation shall develop a 3-year plan
that includes goals, priorities, and strategies for
obtaining the resources necessary to implement
strategies to ensure access to state-of-the-art
educational technology within the District of
Columbia public schools and public charter
schools established in accordance with this Act.
(B) IMPLEMENTATION.—The corporation,
in conjunction with schools, students, parents,
and teachers, shall implement the plan devel-
oped under subparagraph (A).
199
(4) LONG-TERM TECHNOLOGY PLAN.—Prior to
the completion of the implementation of the short-
term plan under paragraph (3), the corporation shall
develop a plan under which the corporation will con-
tinue to coordinate the donation of private sector re-
sources for maintaining the continuous improvement
and upgrading of state-of-the-art educational tech-
nology within the District of Columbia public schools
and public charter schools established in accordance
with this Act.
(c) DISTRICT EMPLOYMENT AND LEARNING CEN-
TER.—
(1) ESTABLISHMENT.—The corporation shall
establish a center to be known as the ‘‘District Em-
ployment and Learning Center’’ or ‘‘DEAL Center’’
(in this title referred to as the ‘‘center’’), which shall
serve as a regional institute providing job training
and employment assistance.
(2) DUTIES.—
(A) JOB TRAINING AND EMPLOYMENT AS-
SISTANCE PROGRAM.—The center shall estab-
lish a program to provide job training and em-
ployment assistance in the District of Columbia.
200
(B) CONDUCT OF PROGRAM.—In carrying
out the program established under subpara-
graph (A), the center—
(i) shall provide job training and em-
ployment assistance to youths who have at-
tained the age of 18 but have not attained
the age of 26, who are residents of the
District of Columbia, and who are in need
of such job training and employment as-
sistance for an appropriate period not to
exceed 2 years;
(ii) shall work to establish partner-
ships and enter into agreements with ap-
propriate
governmental
agencies
of
the
District of Columbia to serve individuals
participating in appropriate Federal pro-
grams, including programs under the Job
Training Partnership Act (29 U.S.C. 1501
et seq.), the Job Opportunities and Basic
Skills Training Program under part F of
title IV of the Social Security Act, the Carl
D. Perkins Vocational and Applied Tech-
nology Education Act (20 U.S.C. 2301 et
seq.), and the School-to-Work Opportuni-
ties Act of 1994 (20 U.S.C. 6101 et seq.);
201
(iii) shall conduct such job training,
as appropriate, through a consortia of col-
leges, universities, community colleges, and
other appropriate providers in the District
of Columbia metropolitan area;
(iv) shall design modular training pro-
grams that allow students to enter and
leave the training curricula depending on
their
opportunities
for
job
assignments
with employers; and
(v) shall utilize resources from busi-
nesses to enhance work-based learning op-
portunities and facilitate access by stu-
dents to work-based learning and work-ex-
perience through temporary work assign-
ments with employers in the District of
Columbia metropolitan area.
(C) COMPENSATION.—The center may pro-
vide compensation to youths participating in the
program under this paragraph for part-time
work assigned in conjunction with training.
Such compensation may include needs-based
payments and reimbursement of expenses.
(d) WORKFORCE PREPARATION INITIATIVES.—
202
(1) IN GENERAL.—The corporation shall estab-
lish initiatives with the District of Columbia public
schools and public charter schools established in ac-
cordance with this Act, appropriate governmental
agencies, and businesses and other private entities,
to facilitate the integration of rigorous academic
studies with workforce preparation programs in Dis-
trict of Columbia public schools and public charter
schools.
(2) CONDUCT OF INITIATIVES.—In carrying out
the initiatives under paragraph (1), the corporation
shall, at a minimum, actively develop, expand, and
promote the following programs:
(A) Career academy programs in secondary
schools, as established in certain District of Co-
lumbia public schools, which provide a ‘‘school-
within-a-school’’ concept, focusing on career
preparation and the integration of the academy
programs with vocational and technical curricu-
lum.
(B) Programs carried out in the District of
Columbia that are funded under the School-to-
Work Opportunities Act of 1994 (20 U.S.C.
6101 et seq.).
203
(e) PROFESSIONAL DEVELOPMENT PROGRAM
FOR
TEACHERS AND ADMINISTRATORS.—
(1) ESTABLISHMENT OF PROGRAM.—The cor-
poration shall establish a consortium consisting of
the corporation, teachers, school administrators, and
a consortium of universities located in the District of
Columbia (in existence on the date of the enactment
of this Act) for the purpose of establishing a pro-
gram for the professional development of teachers
and school administrators employed by the District
of
Columbia
public
schools
and
public
charter
schools established in accordance with this Act.
(2) CONDUCT OF PROGRAM.—In carrying out
the program established under paragraph (1), the
consortium established under such paragraph, in
consultation with the World Class Schools Panel and
the Superintendent, shall, at a minimum, provide for
the following:
(A) Professional development for teachers
which is consistent with the model professional
development programs for teachers under sec-
tion 402(a)(3), or is consistent with the core
curriculum developed by the Superintendent
under section 411(a)(1), as the case may be,
except that in fiscal year 1996, such profes-
204
sional development shall focus on curriculum
for elementary grades in reading and mathe-
matics that have been demonstrated to be effec-
tive for students from low-income backgrounds.
(B) Private sector training of teachers in
the use, application, and operation of state-of-
the-art technology in education.
(C) Training for school principals and
other school administrators in effective private
sector management practices for the purpose of
site-based management in the District of Co-
lumbia public schools and training in the man-
agement of public charter schools established in
accordance with this Act.
(f) OTHER PRIVATE SECTOR ASSISTANCE AND CO-
ORDINATION.—The corporation shall coordinate private
sector involvement and voluntary assistance efforts in sup-
port of repairs and improvements to schools in the District
of Columbia, including—
(1) private sector monetary and in-kind con-
tributions to repair and improve school building fa-
cilities consistent with section 601;
(2) the development of proposals to be consid-
ered by the Superintendent for inclusion in the long-
term reform plan to be developed pursuant to sec-
205
tion 101, and other proposals to be submitted to the
Superintendent, the Board of Education, the Mayor,
the District of Columbia Council, the Authority, the
Administrator of the General Services Administra-
tion, or the Congress; and
(3) a program of rewards for student accom-
plishment at participating local businesses.
SEC. 2605. JOBS FOR D.C. GRADUATES PROGRAM.
(a) IN GENERAL.—The nonprofit organization estab-
lished under section 2602(2) shall establish a program, to
be known as the ‘‘Jobs for D.C. Graduates Program’’, to
assist the District of Columbia public schools and public
charter schools established in accordance with this Act in
organizing and implementing a school-to-work transition
system with a priority on providing assistance to at-risk
youths and disadvantaged youths.
(b) CONDUCT OF PROGRAM.—In carrying out the
program established under subsection (a), the nonprofit
organization, consistent with the policies of the nationally-
recognized Jobs for America’s Graduates, Inc.—
(1) shall establish performance standards for
such program;
(2) shall provide ongoing enhancement and im-
provements in such program;