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schools identified for improvement, corrective action, or 
restructuring under section 1116 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6316), with 
expanded opportunities for enrolling their children in high-
er-performing schools in the District of Columbia. 
SEC. 404. GENERAL AUTHORITY. 
(a) AUTHORITY.—From funds appropriated to carry 
out this title, the Secretary shall award grants on a com-
petitive basis to eligible entities with approved applications 
under section 405 to carry out activities 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 title. 
(b) DURATION
OF GRANTS.—The Secretary may 
make grants under this section for a period of not more 
than 5 years. 
SEC. 405. APPLICATIONS. 
(a) IN GENERAL.—In order to receive a grant under 
this title, 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 this title 
unless the entity’s application includes—
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(1) a detailed description of—
(A) how the entity will address the prior-
ities described in section 406; 
(B) how the entity will ensure that if more 
eligible students seek admission in the program 
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 406; 
(C) how the entity will ensure that if more 
participating eligible students seek admission to 
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 opportu-
nities; 
(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 407(a); 
(F) how the entity will determine the 
amount that will be provided to parents for the
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tuition, fees, and transportation expenses, if 
any; 
(G) how the entity will seek out private el-
ementary and secondary schools in the District 
of Columbia to participate in the program, and 
will ensure that participating schools will meet 
the applicable requirements of this title and 
provide the information needed for the entity to 
meet the reporting requirements of this title; 
(H) how the entity will ensure that partici-
pating schools are financially responsible; 
(I) how the entity will address the renewal 
of scholarships to participating eligible stu-
dents, including continued eligibility; and 
(J) 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 409. 
SEC. 406. PRIORITIES. 
In awarding grants under this title, the Secretary 
shall give priority to applications from eligible entities who 
will most effectively—
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(1) give priority to eligible students who, in the 
school year preceding the school year for which the 
eligible student is seeking a scholarship, attended an 
elementary or secondary school identified for im-
provement, corrective action, or restructuring under 
section 1116 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6316); 
(2) target resources to students and families 
that lack the financial resources to take advantage 
of available educational options; 
(3) provide students and families with the 
widest range of educational options; and 
(4) serve students of varying ages and grade 
levels. 
SEC. 407. USE OF FUNDS. 
(a) SCHOLARSHIPS.—
(1) IN
GENERAL.—Subject to paragraph (2) 
and (3), a grantee shall use the grant funds to pro-
vide eligible students with scholarships to pay the 
tuition, fees, and transportation expenses, if any, to 
enable them to attend the District of Columbia pri-
vate elementary or secondary school of their choice. 
Each grantee shall ensure that the amount of any 
tuition or fees charged by a school participating in 
the grantee’s program under this title to an eligible
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student participating in the program does not exceed 
the amount of tuition or fees that the school custom-
arily charges to students who do not participate in 
the program. 
(2) PAYMENTS TO PARENTS.—A grantee shall 
make scholarship payments under the program 
under this title to the parent of the eligible student 
participating in the program, in a manner which en-
sures that such payments will be used for the pay-
ment of tuition, fees, and transportation expenses (if 
any), in accordance with this title. 
(3) AMOUNT OF ASSISTANCE.—
(A) VARYING AMOUNTS PERMITTED.—Sub-
ject to the other requirements of this section, a 
grantee may award scholarships in larger 
amounts to those eligible students with the 
greatest need. 
(B) ANNUAL
LIMIT
ON
AMOUNT.—The 
amount of assistance provided to any eligible 
student by a grantee under a program under 
this title may not exceed $7,500 for any aca-
demic year. 
(b) ADMINISTRATIVE EXPENSES.—A grantee may 
use not more than 3 percent of the amount provided under 
the grant each year for the administrative expenses of car-
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rying out its program under this title during the year, in-
cluding—
(1) determining the eligibility of students to 
participate; 
(2) providing information about the program 
and the schools involved to parents of eligible stu-
dents; 
(3) selecting students to receive scholarships; 
(4) determining the amount of scholarships and 
issuing them to eligible students; 
(5) compiling and maintaining financial and 
programmatic records; and 
(6) providing funds to assist parents in meeting 
expenses that might otherwise preclude the partici-
pation of their child in the program. 
SEC. 408. NONDISCRIMINATION. 
(a) IN GENERAL.—A school participating in any pro-
gram under this title shall not discriminate on the basis 
of race, color, national origin, or sex in participating in 
the program. 
(b) APPLICABILITY AND CONSTRUCTION WITH RE-
SPECT TO DISCRIMINATION ON THE BASIS OF SEX.—
(1) 
APPLICABILITY.—Notwithstanding 
sub-
section (a) or any other provision of law, it shall not 
be considered discrimination on the basis of sex for
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a school that is operated by, supervised by, con-
trolled by, or connected to a religious organization to 
take sex into account to the extent that failing to do 
so would be inconsistent 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) CONSTRUCTION.—With respect to discrimi-
nation on the basis of sex, nothing in subsection (a) 
shall be construed to require any person or public or 
private entity to provide or pay, or to prohibit any 
such person or entity from providing or paying, for 
any benefit or service, including the use of facilities, 
related to an abortion. Nothing in the preceding sen-
tence shall be construed to permit a penalty to be 
imposed on any person or individual because such 
person or individual is seeking or has received any 
benefit or services related to a legal abortion. 
(c) CHILDREN WITH DISABILITIES.—Nothing in this 
title may be construed to alter or modify the provisions 
of the Individuals with Disabilities Education Act. 
(d) RELIGIOUSLY AFFILIATED SCHOOLS.—
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(1) IN GENERAL.—Notwithstanding any other 
provision of law, a school participating in any pro-
gram under this title which is operated by, super-
vised by, controlled by, or connected to, a religious 
organization may employ persons of the same reli-
gion to the extent determined by that school to pro-
mote the religious purpose for which the school is es-
tablished or maintained. 
(2) RELIGIOUS
PURPOSES.—Notwithstanding 
any other provision of law, funds made available 
under this title may be used for religious educational 
purposes, and no participating school shall be re-
quired to remove religious art, icons, scriptures, or 
other symbols. A participating school may retain re-
ligious terms in its name, select its board members 
on a religious basis, and include 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 title 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 title shall not be treated
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as income of the parents for purposes of Federal tax laws 
or for determining eligibility for any other Federal pro-
gram. 
SEC. 409. EVALUATIONS. 
(a) IN GENERAL.—
(1) DUTIES
OF
SECRETARY.—The Secretary 
shall—
(A) conduct an evaluation using the 
strongest possible research design for deter-
mining the effectiveness of the programs funded 
under this title that addresses the issues de-
scribed in paragraph (2); and 
(B) disseminate information on the impact 
of the programs in increasing the student aca-
demic achievement of participating students, as 
well as other appropriate measures of student 
success, and on the impact of the programs on 
students and schools in the District of Colum-
bia. 
(2) ISSUES TO BE EVALUATED.—The issues de-
scribed in this paragraph include the following: 
(A) A comparison of the academic achieve-
ment of students who participate in the pro-
grams funded under this title with the academic
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achievement of students of similar backgrounds 
who do not participate in such programs. 
(B) The success of the programs in ex-
panding choice options for parents. 
(C) The reasons parents choose for their 
children to participate in the programs. 
(D) A comparison of the retention rates, 
dropout rates, and (if appropriate) graduation 
and college admission rates of students who 
participate in the programs funded under this 
title with the retention rates, dropout rates, and 
(if appropriate) graduation and college admis-
sion rates of students of similar backgrounds 
who do not participate in such programs. 
(E) The impact of the program on stu-
dents and public elementary and secondary 
schools in the District of Columbia. 
(F) A comparison of the safety of the 
schools attended by students who participate in 
the programs and the schools attended by stu-
dents who do not participate in the programs. 
(G) Such other issues as the Secretary 
considers appropriate for inclusion in the eval-
uation.
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(b) REPORTS.—The Secretary shall submit to the 
Committees on Appropriations, Education and the Work-
force, and Government Reform of the House of Represent-
atives and the Committees on Appropriations, Health, 
Education, Labor, and Pensions, and Governmental Af-
fairs of the Senate—
(1) annual interim reports not later than De-
cember 1 of each year for which a grant is made 
under this title on the progress and preliminary re-
sults of the evaluation of the programs funded under 
this title; and 
(2) a final report not later than 1 year after the 
final year for which a grant is made under this title 
on the results of the evaluation of the programs 
funded under this title. 
(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 3 percent of the total amount 
appropriated to carry out this title for the fiscal year.
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SEC. 410. REPORTING REQUIREMENTS. 
(a) ACTIVITIES REPORTS.—Each grantee receiving 
funds under this title 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.—
(1) IN GENERAL.—In addition to the reports 
required under subsection (a), each grantee shall, 
not later than September 1 of the year during which 
the second academic year of the grantee’s program 
is completed and each of the next 2 years thereafter, 
submit a report to the Secretary regarding the data 
collected in the previous 2 academic years con-
cerning—
(A) the academic achievement of students 
participating in the program; 
(B) the graduation and college admission 
rates of students who participate in the pro-
gram, 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 PARENT.—
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of Representatives and the Committees on Appropriations, 
Health, Education, Labor, and Pensions, and Govern-
mental Affairs of the Senate an annual report on the find-
ings of the reports submitted under subsections (a) and 
(b). 
SEC. 411. OTHER REQUIREMENTS FOR PARTICIPATING 
SCHOOLS. 
(a) ADMISSION
OF
ELIGIBLE
STUDENTS.—Each 
school choosing to participate in a program funded under 
this title shall accept any participating eligible student on 
a religious-neutral basis, except that if the school has more 
participating eligible students seeking admission than it 
can accommodate, the school shall accept participating eli-
gible students through a religious-neutral, random selec-
tion process, consistent with section 405(b)(1)(C). 
(b) REQUESTS FOR DATA AND INFORMATION.—Each 
school participating in a program funded under this title 
shall comply with all requests for data and information 
regarding evaluations conducted under section 409(a). 
(c) RULES OF CONDUCT AND OTHER SCHOOL POLI-
CIES.—Subject to section 408, a participating school may 
require eligible students to abide by any rules of conduct 
and other requirements applicable to all other students at 
the school.
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SEC. 412. DEFINITIONS. 
As used in this title: 
(1) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given that term in sec-
tion 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any of the following: 
(A) An educational entity of the District of 
Columbia Government. 
(B) A nonprofit organization. 
(C) 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 who comes from a house-
hold whose income does not exceed 185 percent of 
the poverty line applicable to a family of the size in-
volved. 
(4) 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). 
(5) POVERTY LINE.—The term ‘‘poverty line’’ 
has the meaning given that term in section 9101 of
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the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(6) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given that term in 
section 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
SEC. 413. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this title $10,000,000 for fiscal year 2004 and such sums 
as may be necessary for each of the 4 succeeding fiscal 
years. 
This Act may be cited as the ‘‘District of Columbia 
Appropriations Act, 2004’’.
Passed the House of Representatives September 9, 
2003. 
Attest: 
JEFF TRANDAHL, 
Clerk.
Calendar No. 278
108TH CONGRESS 
1ST SESSION 
H. R. 2765
AN ACT 
Making appropriations for the government of the 
District of Columbia and other activities charge-
able in whole or in part against the revenues of 
said District for the fiscal year ending September 
30, 2004, and for other purposes. 
SEPTEMBER 10, 2003
Received; read twice and placed on the calendar