IB 
Union Calendar No. 17 
112TH CONGRESS 
1ST SESSION 
H. R. 471 
[Report No. 112–36] 
To reauthorize the DC opportunity scholarship program, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2011 
Mr. BOEHNER (for himself, Mr. ISSA, Mr. KLINE, Mr. LIPINSKI, Mr. 
HUNTER, and Mr. GOWDY) introduced the following bill; which was re-
ferred to the Committee on Oversight and Government Reform 
MARCH 17, 2011 
Additional sponsors: Mr. PENCE, Mr. WEBSTER, Mrs. MCMORRIS RODGERS, 
Mr. SHUSTER, Mr. CASSIDY, Mr. BISHOP of Utah, Ms. BUERKLE, Mr. 
WILSON
of 
South 
Carolina, 
Mr. 
CALVERT, 
Mr. 
RIVERA, 
Mr. 
FITZPATRICK, Mr. SCOTT of South Carolina, Mr. HARPER, Mr. POSEY, 
Mrs. MILLER of Michigan, Mr. SCHOCK, Mr. HANNA, Mr. ROKITA, Mr. 
DREIER, Mr. HECK, Mr. FLEMING, Mr. AKIN, Mr. NUNES, Mr. ROONEY, 
Mr. BURTON of Indiana, Mrs. HARTZLER, Mr. THOMPSON of Pennsyl-
vania, Mr. DUNCAN of South Carolina, Mr. HARRIS, Mr. WALSH of Illi-
nois, Mr. SAM JOHNSON of Texas, Mr. MCCAUL, Mr. STIVERS, Mr. 
BUCSHON, Mr. WOODALL, Mr. COFFMAN of Colorado, Mr. FRELING-
HUYSEN, Mr. MCHENRY, Mr. YOUNG of Indiana, Mr. GOSAR, Mrs. 
SCHMIDT, Mr. ROSS of Florida, Mr. NEUGEBAUER, Mr. PITTS, and Mr. 
LATTA 
MARCH 17, 2011 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 26, 2011] 
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A BILL 
To reauthorize the DC opportunity scholarship program, and 
for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Scholarships for Oppor-
tunity and Results Act’’ or the ‘‘SOAR Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Parents are best equipped to make decisions 
for their children, including the educational setting 
that will best serve the interests and educational needs 
of their child. 
(2) For many parents in the District of Colum-
bia, public school choice provided under the Elemen-
tary and Secondary Education Act of 1965, as well 
as under other public school choice programs, is inad-
equate. More educational options are needed to ensure 
all families in the District of Columbia have access to 
a quality education. In particular, funds are needed 
to provide low-income parents with enhanced public 
opportunities and private educational environments, 
regardless of whether such environments are secular or 
nonsecular. 
(3) While the per student cost for students in the 
public schools of the District of Columbia is one of the 
highest in the United States, test scores for such stu-
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dents continue to be among the lowest in the Nation. 
The National Assessment of Educational Progress 
(NAEP), an annual report released by the National 
Center for Education Statistics, reported in its 2009 
study that students in the District of Columbia were 
being outperformed by every State in the Nation. On 
the 2009 NAEP, 56 percent of fourth grade students 
scored ‘‘below basic’’ in reading, and 44 percent 
scored ‘‘below basic’’ in mathematics. Among eighth 
grade students, 49 percent scored ‘‘below basic’’ in 
reading and 60 percent scored ‘‘below basic’’ in math-
ematics. On the 2009 NAEP reading assessment, only 
17 percent of the District of Columbia fourth grade 
students could read proficiently, while only 13 per-
cent of the eighth grade students scored at the pro-
ficient or advanced level. 
(4) In 2003, Congress passed the DC School 
Choice Incentive Act of 2003 (Public Law 108–199; 
118 Stat. 126), to provide opportunity scholarships to 
parents of students in the District of Columbia to en-
able them to pursue a high-quality education at a 
public or private elementary or secondary school of 
their choice. The DC Opportunity Scholarship Pro-
gram (DC OSP) under such Act was part of a com-
prehensive 3-part funding arrangement that also in-
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cluded additional funds for the District of Columbia 
public schools, and additional funds for public charter 
schools of the District of Columbia. The intent of the 
approach was to ensure that progress would continue 
to be made to improve public schools and public char-
ter schools, and that funding for the opportunity 
scholarship program would not lead to a reduction in 
funding for the District of Columbia public and char-
ter schools. Resources would be available for a variety 
of educational options that would give families in the 
District of Columbia a range of choices with regard 
to the education of their children. 
(5) The DC OSP was established in accordance 
with the Supreme Court decision, Zelman v. Sim-
mons-Harris, 536 U.S. 639 (2002), which found that 
a program enacted for the valid secular purpose of 
providing educational assistance to low-income chil-
dren in a demonstrably failing public school system 
is constitutional if it is neutral with respect to reli-
gion and provides assistance to a broad class of citi-
zens who direct government aid to religious and sec-
ular schools solely as a result of their genuine and 
independent private choices. 
(6) Since the inception of the DC OSP, it has 
consistently been oversubscribed. Parents express 
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strong support for the opportunity scholarship pro-
gram. Rigorous studies of the program by the Insti-
tute of Education Sciences have shown significant im-
provements in parental satisfaction and in reading 
scores that are more dramatic when only those stu-
dents consistently using the scholarships are consid-
ered. The program also was found to result in signifi-
cantly higher graduation rates for DC OSP students. 
(7) The DC OSP is a program that offers fami-
lies in need, in the District of Columbia, important 
alternatives while public schools are improved. This 
program should be reauthorized as 1 of a 3-part com-
prehensive funding strategy for the District of Colum-
bia school system that provides new and equal fund-
ing for public schools, public charter schools, and op-
portunity scholarships for students to attend private 
schools. 
SEC. 3. PURPOSE. 
The purpose of this Act is to provide low-income par-
ents residing in the District of Columbia, particularly par-
ents of students who attend elementary schools or secondary 
schools identified for improvement, corrective action, or re-
structuring under section 1116 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6316), with ex-
panded opportunities for enrolling their children in other 
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schools in the District of Columbia, at least until the public 
schools in the District of Columbia have adequately ad-
dressed shortfalls in health, safety, and security, and the 
students in the District of Columbia public schools are test-
ing in mathematics and reading at or above the national 
average. 
SEC. 4. GENERAL AUTHORITY. 
(a) OPPORTUNITY SCHOLARSHIPS.— 
(1) IN
GENERAL.—From funds appropriated 
under section 14(a)(1), the Secretary shall award 
grants on a competitive basis to eligible entities with 
approved applications under section 5 to carry out a 
program to provide eligible students with expanded 
school choice opportunities. The Secretary may award 
a single grant or multiple grants, depending on the 
quality of applications submitted and the priorities of 
this Act. 
(2) DURATION OF GRANTS.—The Secretary may 
make grants under this subsection for a period of not 
more than 5 years. 
(b) DC PUBLIC SCHOOLS AND CHARTER SCHOOLS.— 
From funds appropriated under paragraphs (2) and (3) of 
section 14(a), the Secretary shall provide funds to the 
Mayor of the District of Columbia, if the Mayor agrees to 
the requirements described in section 11(a), for— 
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(1) the District of Columbia public schools to im-
prove public education in the District of Columbia; 
and 
(2) the District of Columbia public charter 
schools to improve and expand quality public charter 
schools in the District of Columbia. 
SEC. 5. APPLICATIONS. 
(a) IN GENERAL.—In order to receive a grant under 
section 4(a), an eligible entity shall submit an application 
to the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may require. 
(b) CONTENTS.—The Secretary may not approve the 
request of an eligible entity for a grant under section 4(a) 
unless the entity’s application includes— 
(1) a detailed description of— 
(A) how the entity will address the prior-
ities described in section 6; 
(B) how the entity will ensure that if more 
eligible students seek admission in the program 
of the entity than the program can accommodate, 
eligible students are selected for admission 
through a random selection process which gives 
weight to the priorities described in section 6; 
(C) how the entity will ensure that if more 
participating eligible students seek admission to 
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a participating school than the school can ac-
commodate, participating eligible students are 
selected for admission through a random selec-
tion process; 
(D) how the entity will notify parents of el-
igible students of the expanded choice opportuni-
ties in order to allow the parents to make in-
formed decisions; 
(E) the activities that the entity will carry 
out to provide parents of eligible students with 
expanded 
choice 
opportunities 
through 
the 
awarding of scholarships under section 7(a); 
(F) how the entity will determine the 
amount that will be provided to parents under 
section 7(a)(2) for the payment of tuition, fees, 
and transportation expenses, if any; 
(G) how the entity will seek out private ele-
mentary schools and secondary schools in the 
District of Columbia to participate in the pro-
gram; 
(H) how the entity will ensure that each 
participating school will meet the reporting and 
other program requirements under this Act; 
(I) how the entity will ensure that partici-
pating schools submit to site visits by the entity 
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as determined to be necessary by the entity, ex-
cept that a participating school may not be re-
quired to submit to more than 1 site visit per 
school year; 
(J) how the entity will ensure that partici-
pating schools are financially responsible and 
will use the funds received under section 7 effec-
tively; 
(K) how the entity will address the renewal 
of scholarships to participating eligible students, 
including continued eligibility; and 
(L) how the entity will ensure that a major-
ity of its voting board members or governing or-
ganization are residents of the District of Colum-
bia; and 
(2) an assurance that the entity will comply 
with all requests regarding any evaluation carried 
out under section 9(a). 
SEC. 6. PRIORITIES. 
In awarding grants under section 4(a), the Secretary 
shall give priority to applications from eligible entities that 
will most effectively— 
(1) in awarding scholarships under section 7(a), 
give priority to— 
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(A) eligible students who, in the school year 
preceding the school year for which the eligible 
students are seeking a scholarship, attended an 
elementary school or secondary school identified 
for improvement, corrective action, or restruc-
turing under section 1116 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6316); 
(B) students who have been awarded a 
scholarship in a preceding year under this Act 
or the DC School Choice Incentive Act of 2003 
(sec. 38–1851.01 et seq., D.C. Official Code), as 
such Act was in effect on the day before the date 
of the enactment of this Act, but who have not 
used the scholarship, including eligible students 
who were provided notification of selection for a 
scholarship for school year 2009-2010, which was 
later rescinded in accordance with direction from 
the Secretary of Education; and 
(C) students whose household includes a sib-
ling or other child who is already participating 
in the program of the eligible entity under this 
Act, regardless of whether such students have, in 
the past, been assigned as members of a control 
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study group for the purposes of an evaluation 
under section 9(a); 
(2) target resources to students and families that 
lack the financial resources to take advantage of 
available educational options; and 
(3) provide students and families with the widest 
range of educational options. 
SEC. 7. USE OF FUNDS. 
(a) OPPORTUNITY SCHOLARSHIPS.— 
(1) IN GENERAL.—Subject to paragraphs (2) and 
(3), an eligible entity receiving a grant under section 
4(a) shall use the grant funds to provide eligible stu-
dents with scholarships to pay the tuition, fees, and 
transportation expenses, if any, to enable the eligible 
students to attend the District of Columbia private el-
ementary school or secondary school of their choice be-
ginning in school year 2011–2012. Each such eligible 
entity shall ensure that the amount of any tuition or 
fees charged by a school participating in such entity’s 
program under this Act to an eligible student partici-
pating in the program does not exceed the amount of 
tuition or fees that the school charges to students who 
do not participate in the program. 
(2) PAYMENTS TO PARENTS.—An eligible entity 
receiving a grant under section 4(a) shall make schol-
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arship payments under the entity’s program under 
this Act to the parent of the eligible student partici-
pating in the program, in a manner which ensures 
that such payments will be used for the payment of 
tuition, fees, and transportation expenses (if any), in 
accordance with this Act. 
(3) AMOUNT OF ASSISTANCE.— 
(A) VARYING AMOUNTS PERMITTED.—Sub-
ject to the other requirements of this section, an 
eligible entity receiving a grant under section 
4(a) may award scholarships in larger amounts 
to those eligible students with the greatest need. 
(B) ANNUAL LIMIT ON AMOUNT.— 
(i) LIMIT
FOR
SCHOOL
YEAR
2011– 
2012.—The amount of assistance provided to 
any eligible student by an eligible entity 
under the entity’s program under this Act 
for school year 2011–2012 may not exceed— 
(I) $8,000 for attendance in kin-
dergarten through grade 8; and 
(II) $12,000 for attendance in 
grades 9 through 12. 
(ii) CUMULATIVE INFLATION ADJUST-
MENT.—Beginning the school year following 
the school year of the date of the enactment 
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of this Act, the Secretary shall adjust the 
maximum amounts of assistance described 
in clause (i) for inflation, as measured by 
the percentage increase, if any, from the 
preceding fiscal year in the Consumer Price 
Index for All Urban Consumers, published 
by the Bureau of Labor Statistics of the De-
partment of Labor. 
(4) PARTICIPATING
SCHOOL
REQUIREMENTS.— 
None of the funds provided under this Act for oppor-
tunity scholarships may be used by an eligible student 
to enroll in a participating private school unless the 
participating school— 
(A) has and maintains a valid certificate of 
occupancy issued by the District of Columbia; 
(B) makes readily available to all prospec-
tive students information on its school accredita-
tion; 
(C) in the case of a school that has been op-
erating for 5 years or less, submits to the eligible 
entity administering the program proof of ade-
quate financial resources reflecting the financial 
sustainability of the school and the school’s abil-
ity to be in operation through the school year; 
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(D) agrees to submit to site visits as deter-
mined to be necessary by the eligible entity pur-
suant to section 5(b)(1)(I); 
(E) has financial systems, controls, policies, 
and procedures to ensure that funds are used ac-
cording to this Act; and 
(F) ensures that each teacher of core subject 
matter in the school has a baccalaureate degree 
or equivalent degree, whether such degree was 
awarded in or outside of the United States. 
(b) ADMINISTRATIVE EXPENSES.—An eligible entity 
receiving a grant under section 4(a) may use not more than 
3 percent of the amount provided under the grant each year 
for the administrative expenses of carrying out its program 
under this Act during the year, including— 
(1) determining the eligibility of students to par-
ticipate; 
(2) selecting eligible students to receive scholar-
ships; 
(3) determining the amount of scholarships and 
issuing the scholarships to eligible students; 
(4) compiling and maintaining financial and 
programmatic records; and 
(5) conducting site visits as described in section 
5(b)(1)(I). 
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(c) PARENTAL ASSISTANCE.—An eligible entity receiv-
ing a grant under section 4(a) may use not more than 2 
percent of the amount provided under the grant each year 
for the expenses of educating parents about the entity’s pro-
gram under this Act, and assisting parents through the ap-
plication process, under this Act, including— 
(1) providing information about the program 
and the participating schools to parents of eligible 
students; 
(2) providing funds to assist parents of students 
in meeting expenses that might otherwise preclude the 
participation of eligible students in the program; and 
(3) streamlining the application process for par-
ents. 
(d) STUDENT ACADEMIC ASSISTANCE.—An eligible en-
tity receiving a grant under section 4(a) may use not more 
than 1 percent of the amount provided under the grant each 
year for expenses to provide tutoring services to partici-
pating eligible students that need additional academic as-
sistance. If there are insufficient funds to provide tutoring 
services to all such students in a year, the eligible entity 
shall give priority in such year to students who previously 
attended an elementary school or secondary school that was 
identified for improvement, corrective action, or restruc-
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turing under section 1116 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316). 
SEC. 8. NONDISCRIMINATION AND OTHER REQUIREMENTS 
FOR PARTICIPATING SCHOOLS. 
(a) IN GENERAL.—An eligible entity or a school par-
ticipating in any program under this Act shall not dis-
criminate against program participants or applicants on 
the basis of race, color, national origin, religion, or sex. 
(b) APPLICABILITY AND SINGLE SEX SCHOOLS, CLASS-
ES, OR ACTIVITIES.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, the prohibition of sex discrimination 
in subsection (a) shall not apply to a participating 
school that is operated by, supervised by, controlled 
by, or connected to a religious organization to the ex-
tent that the application of subsection (a) is incon-
sistent with the religious tenets or beliefs of the school. 
(2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVI-
TIES.—Notwithstanding subsection (a) or any other 
provision of law, a parent may choose and a school 
may offer a single sex school, class, or activity. 
(3) APPLICABILITY.—For purposes of this Act, 
the provisions of section 909 of the Education Amend-
ments of 1972 (20 U.S.C. 1688) shall apply to this 
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Act as if section 909 of the Education Amendments 
of 1972 (20 U.S.C. 1688) were part of this Act. 
(c) CHILDREN WITH DISABILITIES.—Nothing in this 
Act may be construed to alter or modify the provisions of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.). 
(d) RELIGIOUSLY AFFILIATED SCHOOLS.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, a school participating in any pro-
gram under this Act that is operated by, supervised 
by, controlled by, or connected to, a religious organi-
zation may exercise its right in matters of employ-
ment consistent with title VII of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e–1 et seq.), including the ex-
emptions in such title. 
(2) 
MAINTENANCE
OF
PURPOSE.—Notwith-
standing any other provision of law, funds made 
available under this Act to eligible students, which 
are used at a participating school as a result of their 
parents’ choice, shall not, consistent with the first 
amendment of the Constitution, necessitate any 
change in the participating school’s teaching mission, 
require any participating school to remove religious 
art, icons, scriptures, or other symbols, or preclude 
any participating school from retaining religious 
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terms in its name, selecting its board members on a 
religious basis, or including religious references in its 
mission statements and other chartering or governing 
documents. 
(e) RULE OF CONSTRUCTION.—A scholarship (or any 
other form of support provided to parents of eligible stu-
dents) under this Act shall be considered assistance to the 
student and shall not be considered assistance to the school 
that enrolls the eligible student. The amount of any scholar-
ship (or other form of support provided to parents of an 
eligible student) under this Act shall not be treated as in-
come of the parents for purposes of Federal tax laws or for 
determining eligibility for any other Federal program. 
(f) REQUESTS FOR DATA AND INFORMATION.—Each 
school participating in a program funded under this Act 
shall comply with all requests for data and information re-
garding evaluations conducted under section 9(a). 
(g) RULES OF CONDUCT AND OTHER SCHOOL POLI-
CIES.—A participating school, including the schools de-
scribed in subsection (d), may require eligible students to 
abide by any rules of conduct and other requirements appli-
cable to all other students at the school. 
(h) NATIONALLY NORM-REFERENCED STANDARDIZED 
TESTS.— 
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(1) IN
GENERAL.—Each participating school 
shall comply with any testing requirements deter-
mined to be necessary for evaluation under section 
9(a)(2)(A)(i). 
(2) MAKE-UP
SESSION.—If a participating 
school does not administer a nationally norm-ref-
erenced standardized test or the Institute of Edu-
cation Sciences does not receive data on a student 
who is receiving an opportunity scholarship, then the 
Secretary 
(through 
the 
Institute 
of 
Education 
Sciences of the Department of Education) shall ad-
minister such test at least one time during a school 
year for each student receiving an opportunity schol-
arship. 
SEC. 9. EVALUATIONS. 
(a) IN GENERAL.— 
(1) DUTIES
OF
THE
SECRETARY
AND
THE 
MAYOR.—The Secretary and the Mayor of the District 
of Columbia shall— 
(A) jointly enter into an agreement with the 
Institute of Education Sciences of the Depart-
ment of Education to evaluate annually the per-
formance of students who received scholarships 
under the 5-year program under this Act; 
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