420 
dents consistently using the scholarships are consid-
ered. The program also was found to result in sig-
nificantly higher graduation rates for DC OSP stu-
dents. 
(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 
comprehensive funding strategy for the District of 
Columbia school system that provides new and equal 
funding for public schools, public charter schools, 
and opportunity scholarships for students to attend 
private schools. 
SEC. 3003. PURPOSE. 
The purpose of this division is to provide low-income 
parents residing in the District of Columbia, particularly 
parents of students who attend elementary schools or sec-
ondary schools identified for improvement, corrective ac-
tion, or restructuring under section 1116 of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 
6316), with expanded opportunities for enrolling their 
children in other schools in the District of Columbia, at 
least until the public schools in the District of Columbia 
have adequately addressed shortfalls in health, safety, and 
security, and the students in the District of Columbia pub-
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lic schools are testing in mathematics and reading at or 
above the national average. 
SEC. 3004. GENERAL AUTHORITY. 
(a) OPPORTUNITY SCHOLARSHIPS.— 
(1) IN
GENERAL.—From funds appropriated 
under section 3014(a)(1), the Secretary shall award 
grants on a competitive basis to eligible entities with 
approved applications under section 3005 to carry 
out a program to provide eligible students with ex-
panded school choice opportunities. The Secretary 
may award a single grant or multiple grants, de-
pending on the quality of applications submitted and 
the priorities of this division. 
(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 3014(a), the Secretary shall provide 
funds to the Mayor of the District of Columbia, if the 
Mayor agrees to the requirements described in section 
3011(a), for— 
(1) the District of Columbia public schools to 
improve public education in the District of Colum-
bia; and 
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(2) the District of Columbia public charter 
schools to improve and expand quality public charter 
schools in the District of Columbia. 
SEC. 3005. APPLICATIONS. 
(a) IN GENERAL.—In order to receive a grant under 
section 3004(a), an eligible entity shall submit an applica-
tion to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may 
require. 
(b) CONTENTS.—The Secretary may not approve the 
request of an eligible entity for a grant under section 
3004(a) unless the entity’s application includes— 
(1) a detailed description of— 
(A) how the entity will address the prior-
ities described in section 3006; 
(B) how the entity will ensure that if more 
eligible students seek admission in the program 
of the entity than the program can accommo-
date, eligible students are selected for admission 
through a random selection process which gives 
weight to the priorities described in section 
3006; 
(C) how the entity will ensure that if more 
participating eligible students seek admission to 
a participating school than the school can ac-
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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 opportu-
nities 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 3007(a); 
(F) how the entity will determine the 
amount that will be provided to parents under 
section 3007(a)(2) for the payment of tuition, 
fees, and transportation expenses, if any; 
(G) how the entity will seek out private el-
ementary 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 division; 
(I) how the entity will ensure that partici-
pating schools submit to site visits by the entity 
as determined to be necessary by the entity, ex-
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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 3007 
effectively; 
(K) how the entity will address the renewal 
of scholarships to participating eligible stu-
dents, including continued eligibility; and 
(L) how the entity will ensure that a ma-
jority of its voting board members or governing 
organization are residents of the District of Co-
lumbia; and 
(2) an assurance that the entity will comply 
with all requests regarding any evaluation carried 
out under section 3009(a). 
SEC. 3006. PRIORITIES. 
In awarding grants under section 3004(a), the Sec-
retary shall give priority to applications from eligible enti-
ties that will most effectively— 
(1) in awarding scholarships under section 
3007(a), give priority to— 
(A) eligible students who, in the school 
year preceding the school year for which the eli-
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gible students are seeking a scholarship, at-
tended an elementary school or secondary 
school identified for improvement, corrective ac-
tion, or restructuring under section 1116 of the 
Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6316); 
(B) students who have been awarded a 
scholarship in a preceding year under this divi-
sion 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 be-
fore the date of the enactment of this division, 
but who have not used the scholarship, includ-
ing eligible students who were provided notifica-
tion of selection for a scholarship for school 
year 2009-2010, which was later rescinded in 
accordance with direction from the Secretary of 
Education; and 
(C) students whose household includes a 
sibling or other child who is already partici-
pating in the program of the eligible entity 
under this division, regardless of whether such 
students have, in the past, been assigned as 
members of a control study group for the pur-
poses of an evaluation under section 3009(a); 
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(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. 3007. USE OF FUNDS. 
(a) OPPORTUNITY SCHOLARSHIPS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), an eligible entity receiving a grant under 
section 3004(a) shall use the grant funds to provide 
eligible students with scholarships to pay the tuition, 
fees, and transportation expenses, if any, to enable 
the eligible students to attend the District of Colum-
bia private elementary school or secondary school of 
their choice beginning in school year 2011–2012. 
Each such eligible entity shall ensure that the 
amount of any tuition or fees charged by a school 
participating in such entity’s program under this di-
vision to an eligible student participating in the pro-
gram does not exceed the amount of tuition or fees 
that the school charges to students who do not par-
ticipate in the program. 
(2) PAYMENTS TO PARENTS.—An eligible entity 
receiving a grant under section 3004(a) shall make 
scholarship payments under the entity’s program 
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under this division to the parent of the eligible stu-
dent participating in the program, in a manner 
which ensures that such payments will be used for 
the payment of tuition, fees, and transportation ex-
penses (if any), in accordance with this division. 
(3) AMOUNT OF ASSISTANCE.— 
(A) VARYING AMOUNTS PERMITTED.—Sub-
ject to the other requirements of this section, 
an eligible entity receiving a grant under sec-
tion 3004(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 divi-
sion 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 with school year 2012- 
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2013, the Secretary shall adjust the max-
imum amounts of assistance described in 
clause (i) for inflation, as measured by the 
percentage increase, if any, from the pre-
ceding fiscal year in the Consumer Price 
Index for All Urban Consumers, published 
by the Bureau of Labor Statistics of the 
Department of Labor. 
(4) PARTICIPATING SCHOOL REQUIREMENTS.— 
None of the funds provided under this division for 
opportunity scholarships may be used by an eligible 
student to enroll in a participating private school 
unless the participating school— 
(A) has and maintains a valid certificate of 
occupancy issued by the District of Columbia; 
(B) makes readily available to all prospec-
tive students information on its school accredi-
tation; 
(C) in the case of a school that has been 
operating for 5 years or less, submits to the eli-
gible entity administering the program proof of 
adequate financial resources reflecting the fi-
nancial sustainability of the school and the 
school’s ability 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 3005(b)(1)(I); 
(E) has financial systems, controls, poli-
cies, and procedures to ensure that funds are 
used according to this division; and 
(F) ensures that each teacher of core sub-
ject matter in the school has a baccalaureate 
degree or equivalent degree, whether such de-
gree was awarded in or outside of the United 
States. 
(b) ADMINISTRATIVE EXPENSES.—An eligible entity 
receiving a grant under section 3004(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 division during the year, includ-
ing— 
(1) determining the eligibility of students to 
participate; 
(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 
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(5) conducting site visits as described in section 
3005(b)(1)(I). 
(c) PARENTAL ASSISTANCE.—An eligible entity re-
ceiving a grant under section 3004(a) may use not more 
than 2 percent of the amount provided under the grant 
each year for the expenses of educating parents about the 
entity’s program under this division, and assisting parents 
through the application process, under this division, in-
cluding— 
(1) providing information about the program 
and the participating schools to parents of eligible 
students; 
(2) providing funds to assist parents of stu-
dents in meeting expenses that might otherwise pre-
clude the participation of eligible students in the 
program; and 
(3) streamlining the application process for par-
ents. 
(d) STUDENT ACADEMIC ASSISTANCE.—An eligible 
entity receiving a grant under section 3004(a) may use 
not more than 1 percent of the amount provided under 
the grant each year for expenses to provide tutoring serv-
ices to participating eligible students that need additional 
academic assistance. If there are insufficient funds to pro-
vide tutoring services to all such students in a year, the 
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eligible entity shall give priority in such year to students 
who previously attended an elementary school or sec-
ondary school that was identified for improvement, correc-
tive action, or restructuring under section 1116 of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6316). 
SEC. 3008. NONDISCRIMINATION AND OTHER REQUIRE-
MENTS FOR PARTICIPATING SCHOOLS. 
(a) IN GENERAL.—An eligible entity or a school par-
ticipating in any program under this division 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, 
CLASSES, OR ACTIVITIES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the prohibition of sex discrimina-
tion in subsection (a) shall not apply to a partici-
pating school that is operated by, supervised by, con-
trolled by, or connected to a religious organization to 
the extent that the application of subsection (a) is 
inconsistent with the religious tenets or beliefs of the 
school. 
(2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVI-
TIES.—Notwithstanding subsection (a) or any other 
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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 divi-
sion, the provisions of section 909 of the Education 
Amendments of 1972 (20 U.S.C. 1688) shall apply 
to this division as if section 909 of the Education 
Amendments of 1972 (20 U.S.C. 1688) were part of 
this division. 
(c) CHILDREN WITH DISABILITIES.—Nothing in this 
division 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 division that is operated by, super-
vised by, controlled by, or connected to, a religious 
organization may exercise its right in matters of em-
ployment consistent with title VII of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–1 et seq.), including 
the exemptions in such title. 
(2) MAINTENANCE
OF
PURPOSE.—Notwith-
standing any other provision of law, funds made 
available under this division to eligible students, 
which are used at a participating school as a result 
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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 reli-
gious 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 division shall be considered assistance 
to the student and shall not be considered assistance to 
the school that enrolls the eligible student. The amount 
of any scholarship (or other form of support provided to 
parents of an eligible student) under this division shall not 
be treated as income of the child or his or her parents 
for purposes of Federal tax laws or for determining eligi-
bility for any other Federal program. 
(f) REQUESTS FOR DATA AND INFORMATION.—Each 
school participating in a program funded under this divi-
sion shall comply with all requests for data and informa-
tion regarding evaluations conducted under section 
3009(a). 
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(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 ap-
plicable to all other students at the school. 
(h) NATIONALLY NORM-REFERENCED STANDARD-
IZED TESTS.— 
(1) IN
GENERAL.—Each participating school 
shall comply with any testing requirements deter-
mined to be necessary for evaluation under section 
3009(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. 3009. EVALUATIONS. 
(a) IN GENERAL.— 
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(1) DUTIES
OF
THE
SECRETARY
AND
THE 
MAYOR.—The Secretary and the Mayor of the Dis-
trict of Columbia shall— 
(A) jointly enter into an agreement with 
the Institute of Education Sciences of the De-
partment of Education to evaluate annually the 
performance of students who received scholar-
ships under the 5-year program under this divi-
sion; 
(B) jointly enter into an agreement to 
monitor and evaluate the use of funds author-
ized and appropriated for the District of Co-
lumbia public schools and the District of Co-
lumbia public charter schools under this divi-
sion; and 
(C) make the evaluations described in sub-
paragraphs (A) and (B) public in accordance 
with subsection (c). 
(2) DUTIES
OF
THE
SECRETARY.—The Sec-
retary, through a grant, contract, or cooperative 
agreement, shall— 
(A) ensure that the evaluation under para-
graph (1)(A)— 
(i) is conducted using the strongest 
possible research design for determining 
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the effectiveness of the opportunity schol-
arship program under this division; and 
(ii) addresses the issues described in 
paragraph (4); and 
(B) disseminate information on the impact 
of the program— 
(i) in increasing the academic growth 
and achievement of participating eligible 
students; and 
(ii) on students and schools in the 
District of Columbia. 
(3) DUTIES OF THE INSTITUTE OF EDUCATION 
SCIENCES.—The Institute of Education Sciences of 
the Department of Education shall— 
(A) use a grade appropriate, nationally 
norm-referenced standardized test each school 
year to assess participating eligible students; 
(B) measure the academic achievement of 
all participating eligible students; and 
(C) work with the eligible entities to en-
sure that the parents of each student who ap-
plies for a scholarship under this division (re-
gardless of whether the student receives the 
scholarship) and the parents of each student 
participating in the scholarship program under 
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this division, agree that the student will partici-
pate in the measurements given annually by the 
Institute of Educational Sciences for the period 
for which the student applied for or received the 
scholarship, respectively, except that nothing in 
this subparagraph shall affect a student’s pri-
ority for an opportunity scholarship as provided 
under section 3006. 
(4) ISSUES TO BE EVALUATED.—The issues to 
be evaluated under paragraph (1)(A) shall include 
the following: 
(A) A comparison of the academic growth 
and achievement of participating eligible stu-
dents in the measurements described in para-
graph (3) to the academic growth and achieve-
ment of the eligible students in the same grades 
who sought to participate in the scholarship 
program under this division but were not se-
lected. 
(B) The success of the program in expand-
ing choice options for parents of participating 
eligible students, improving parental and stu-
dent satisfaction of such parents and students, 
respectively, and increasing parental involve-
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ment of such parents in the education of their 
children. 
(C) The reasons parents of participating 
eligible students choose for their children to 
participate in the program, including important 
characteristics for selecting schools. 
(D) A comparison of the retention rates, 
high school graduation rates, and college admis-
sion rates of participating eligible students with 
the retention rates, high school graduation 
rates, and college admission rates of students of 
similar backgrounds who do not participate in 
such program. 
(E) A comparison of the safety of the 
schools attended by participating eligible stu-
dents and the schools in the District of Colum-
bia attended by students who do not participate 
in the program, based on the perceptions of the 
students and parents. 
(F) Such other issues with respect to par-
ticipating eligible students as the Secretary con-
siders appropriate for inclusion in the evalua-
tion, such as the impact of the program on pub-
lic elementary schools and secondary schools in 
the District of Columbia. 
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(G) An analysis of the issues described in 
subparagraphs (A) through (F) by applying 
such subparagraphs by substituting ‘‘the sub-
group of participating eligible students who 
have used each opportunity scholarship awarded 
to such students under this division to attend a 
participating school’’ for ‘‘participating eligible 
students’’ each place such term appears. 
(5) PROHIBITION.—Personally identifiable in-
formation regarding the results of the measurements 
used for the evaluations may not be disclosed, except 
to the parents of the student to whom the informa-
tion relates. 
(b) REPORTS.—The Secretary shall submit to the 
Committees on Appropriations, Education and the Work-
force, and Oversight and Government Reform of the 
House of Representatives and the Committees on Appro-
priations, Health, Education, Labor, and Pensions, and 
Homeland Security and Governmental Affairs of the Sen-
ate— 
(1) annual interim reports, not later than April 
1 of the year following the year of the date of enact-
ment of this division, and each subsequent year 
through the year in which the final report is sub-
mitted under paragraph (2), on the progress and 
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440 
preliminary results of the evaluation of the oppor-
tunity scholarship program funded under this divi-
sion; and 
(2) a final report, not later than 1 year after 
the final year for which a grant is made under sec-
tion 3004(a), on the results of the evaluation of the 
program. 
(c) PUBLIC AVAILABILITY.—All reports and under-
lying data gathered pursuant to this section shall be made 
available to the public upon request, in a timely manner 
following submission of the applicable report under sub-
section (b), except that personally identifiable information 
shall not be disclosed or made available to the public. 
(d) LIMIT ON AMOUNT EXPENDED.—The amount ex-
pended by the Secretary to carry out this section for any 
fiscal year may not exceed 5 percent of the total amount 
appropriated under section 3014(a)(1) for the fiscal year. 
SEC. 3010. REPORTING REQUIREMENTS. 
(a) ACTIVITIES REPORTS.—Each eligible entity re-
ceiving funds under section 3004(a) during a year shall 
submit a report to the Secretary not later than July 30 
of the following year regarding the activities carried out 
with the funds during the preceding year. 
(b) ACHIEVEMENT REPORTS.— 
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(1) IN GENERAL.—In addition to the reports 
required under subsection (a), each eligible entity re-
ceiving funds under section 3004(a) shall, not later 
than September 1 of the year during which the sec-
ond school year of the entity’s program is completed 
and each of the next 2 years thereafter, submit to 
the Secretary a report, including any pertinent data 
collected in the preceding 2 school years, con-
cerning— 
(A) the academic growth and achievement 
of students participating in the program; 
(B) the high school graduation and college 
admission rates of students who participate in 
the program, where appropriate; and 
(C) parental satisfaction with the program. 
(2) PROHIBITING
DISCLOSURE
OF
PERSONAL 
INFORMATION.—No report under this subsection 
may contain any personally identifiable information. 
(c) REPORTS TO PARENTS.— 
(1) IN GENERAL.—Each eligible entity receiving 
funds under section 3004(a) shall ensure that each 
school participating in the entity’s program under 
this division during a school year reports at least 
once during the year to the parents of each of the 
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school’s students who are participating in the pro-
gram on— 
(A) the student’s academic achievement, as 
measured by a comparison with the aggregate 
academic achievement of other participating 
students at the student’s school in the same 
grade or level, as appropriate, and the aggre-
gate academic achievement of the student’s 
peers at the student’s school in the same grade 
or level, as appropriate; 
(B) the safety of the school, including the 
incidence of school violence, student suspen-
sions, and student expulsions; and 
(C) the accreditation status of the school. 
(2) PROHIBITING
DISCLOSURE
OF
PERSONAL 
INFORMATION.—No report under this subsection 
may contain any personally identifiable information, 
except as to the student who is the subject of the 
report to that student’s parent. 
(d) REPORT
TO
CONGRESS.—Not later than 6 
months after the first appropriation of funds under section 
3014, and each succeeding year thereafter, the Secretary 
shall submit to the Committees on Appropriations, Edu-
cation and the Workforce, and Oversight and Government 
Reform of the House of Representatives and the Commit-
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443 
tees on Appropriations, Health, Education, Labor, and 
Pensions, and Homeland Security and Governmental Af-
fairs of the Senate, an annual report on the findings of 
the reports submitted under subsections (a) and (b). 
SEC. 3011. DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER 
SCHOOLS. 
(a) CONDITION OF RECEIPT OF FUNDS.—As a condi-
tion of receiving funds under this division on behalf of the 
District of Columbia public schools and the District of Co-
lumbia public charter schools, the Mayor shall agree to 
carry out the following: 
(1) INFORMATION REQUESTS.—Ensure that all 
the District of Columbia public schools and the Dis-
trict of Columbia public charter schools comply with 
all reasonable requests for information for purposes 
of the evaluation under section 3009(a). 
(2) AGREEMENT
WITH
THE
SECRETARY.— 
Enter into the agreement described in section 
3009(a)(1)(B) to monitor and evaluate the use of 
funds authorized and appropriated for the District 
of Columbia public schools and the District of Co-
lumbia public charter schools under this division. 
(3) SUBMISSION OF REPORT.—Not later than 6 
months after the first appropriation of funds under 
section 3014, and each succeeding year thereafter, 
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444 
submit to the Committee on Appropriations, the 
Committee on Education and the Workforce, and 
the Committee on Oversight and Government Re-
form of the House of Representatives, and the Com-
mittee on Appropriations, the Committee on Health, 
Education, Labor, and Pensions, and the Committee 
on Homeland Security and Governmental Affairs of 
the Senate, information on— 
(A) how the funds authorized and appro-
priated under this division for the District of 
Columbia public schools and the District of Co-
lumbia public charter schools were used in the 
preceding school year; and 
(B) how such funds are contributing to 
student achievement. 
(b) ENFORCEMENT.—If, after reasonable notice and 
an opportunity for a hearing for the Mayor, the Secretary 
determines that the Mayor has not been in compliance 
with 1 or more of the requirements described in subsection 
(a), the Secretary may withhold from the Mayor, in whole 
or in part, further funds under this division for the Dis-
trict of Columbia public schools and the District of Colum-
bia public charter schools. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to reduce, or otherwise affect, 
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funding provided under this division for the opportunity 
scholarship program under this division. 
SEC. 3012. TRANSITION PROVISIONS. 
(a) REPEAL.—The DC School Choice Incentive Act 
of 2003 (sec. 38–1851.01 et seq., D.C. Official Code) is 
repealed. 
(b) SPECIAL RULES.—Notwithstanding any other 
provision of law— 
(1) funding appropriated to provide opportunity 
scholarships for students in the District of Columbia 
under the heading ‘‘Federal Payment for School Im-
provement’’ in title IV of division D of the Omnibus 
Appropriations Act, 2009 (Public Law 111–8; 123 
Stat. 653), the heading ‘‘Federal Payment for 
School Improvement’’ in title IV of division C of the 
Consolidated Appropriations Act, 2010 (Public Law 
111–117; 123 Stat. 3181), or any other Act, may be 
used to provide opportunity scholarships under sec-
tion 3007(a) for the 2011–2012 school year to stu-
dents who have not previously received such scholar-
ships; 
(2) the fourth and fifth provisos under the 
heading ‘‘Federal Payment for School Improvement’’ 
of title IV of Division C of the Consolidated Appro-
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446 
priations Act, 2010 (Public Law 111–117; 123 Stat. 
3181) shall not apply; and 
(3) any unobligated amounts reserved to carry 
out the provisos described in paragraph (2) shall be 
made available to an eligible entity receiving a grant 
under section 3004(a)— 
(A) for administrative expenses described 
in section 3007(b); or 
(B) to provide opportunity scholarships 
under section 3007(a), including to provide 
such scholarships for the 2011–2012 school 
year to students who have not previously re-
ceived such scholarships. 
(c) MULTIYEAR AWARDS.—The recipient of a grant 
or contract under the DC School Choice Incentive Act of 
2003 (sec. 38–1851.01 et seq., D.C. Official Code), as 
such Act was in effect on the day before the date of the 
enactment of this division, shall continue to receive funds 
in accordance with the terms and conditions of such grant 
or contract, except that— 
(1) the provisos relating to opportunity scholar-
ships in the Acts described in subsection (b)(1) shall 
not apply; and 
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447 
(2) the memorandum of understanding de-
scribed in subsection (d), including any revision 
made under such subsection, shall apply. 
(d) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary and the Mayor of the District of Columbia shall 
revise the memorandum of understanding entered into 
under the DC School Choice Incentive Act of 2003 (sec. 
38–1851.01 et seq., D.C. Official Code), as such Act was 
in effect on the day before the date of the enactment of 
this division, to address— 
(1) the implementation of the opportunity 
scholarship program under this division; and 
(2) how the Mayor will ensure that the District 
of Columbia public schools and the District of Co-
lumbia public charter schools comply with all the 
reasonable requests for information as necessary to 
fulfill the requirements for evaluations conducted 
under section 3009(a). 
(e) ORDERLY TRANSITION.—Subject to subsections 
(c) and (d), the Secretary shall take such steps as the Sec-
retary determines to be appropriate to provide for the or-
derly transition to the authority of this division from any 
authority under the provisions of the DC School Choice 
Incentive Act of 2003 (sec. 38–1851.01 et seq., D.C. Offi-
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448 
cial Code), as such Act was in effect on the day before 
the date of enactment of this division. 
SEC. 3013. DEFINITIONS. 
As used in this division: 
(1) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ means an institutional day or residen-
tial school, including a public elementary charter 
school, that provides elementary education, as deter-
mined under District of Columbia law. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any of the following: 
(A) A nonprofit organization. 
(B) A consortium of nonprofit organiza-
tions. 
(3) ELIGIBLE
STUDENT.—The term ‘‘eligible 
student’’ means a student who is a resident of the 
District of Columbia and comes from a household— 
(A) receiving assistance under the supple-
mental nutrition assistance program established 
under the Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.); or 
(B) whose income does not exceed— 
(i) 185 percent of the poverty line; or 
(ii) in the case of a student partici-
pating in the opportunity scholarship pro-
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gram in the preceding year under this divi-
sion or the DC School Choice Incentive Act 
of 2003 (sec. 38–1851.01 et seq., D.C. Of-
ficial Code), as such Act was in effect on 
the day before the date of enactment of 
this division, 300 percent of the poverty 
line. 
(4) MAYOR.—The term ‘‘Mayor’’ means the 
Mayor of the District of Columbia. 
(5) PARENT.—The term ‘‘parent’’ has the 
meaning given that term in section 9101 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(6) PARTICIPATING ELIGIBLE STUDENT.—The 
term ‘‘participating eligible student’’ means an eligi-
ble student awarded an opportunity scholarship 
under this division, without regard to whether the 
student uses the scholarship to attend a partici-
pating school. 
(7) PARTICIPATING SCHOOL.—The term ‘‘par-
ticipating school’’ means a private elementary school 
or secondary school participating in the opportunity 
scholarship program of an eligible entity under this 
division. 
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(8) POVERTY LINE.—The term ‘‘poverty line’’ 
has the meaning given that term in section 9101 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(9) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ means an institutional day or resi-
dential school, including a public secondary charter 
school, that provides secondary education, as deter-
mined under District of Columbia law, except that 
the term does not include any education beyond 
grade 12. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Education. 
SEC. 3014. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated $60,000,000 for fiscal year 2012 and for each of 
the 4 succeeding fiscal years, of which— 
(1) one-third shall be made available to carry 
out the opportunity scholarship program under this 
division for each fiscal year; 
(2) one-third shall be made available to carry 
out section 3004(b)(1) for each fiscal year; and 
(3) one-third shall be made available to carry 
out section 3004(b)(2) for each fiscal year. 
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(b) APPORTIONMENT.—If the total amount of funds 
appropriated under subsection (a) for a fiscal year does 
not equal $60,000,000, the funds shall be apportioned in 
the manner described in subsection (a) for such fiscal 
year. 
Æ 
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