Mayor, the District of Columbia Council, and the
Authority a long-term reform plan, not later than
February 1, 1996. The plan shall be consistent with
the financial plan and budget for the District of Co-
lumbia for fiscal year 1996 required under section
201 of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995
(Public Law 104–8).
(2) CONSULTATION.—
(A) IN GENERAL.—In developing the long-
term reform plan, the Superintendent—
(i) shall consult with the Board of
Education, Mayor, and District of Colum-
bia Council, and, in a control period, with
the Authority; and
(ii) shall afford the public, interested
organizations, and groups an opportunity
to present their views and make rec-
ommendations regarding the long-term re-
form plan.
(B) SUMMARY
OF
RECOMMENDATIONS.—
The Superintendent shall include in the long-
term plan a summary of the recommendations
made under subparagraph (A)(ii) and the re-
sponse of the Superintendent to these rec-
ommendations.
(b) CONTENTS.—
(1) AREAS TO BE ADDRESSED.—The long-term
plan shall describe how the District of Columbia
public schools will become a world-class education
system which prepares students for life-time learning
in the 21st century and which is on a par with the
best education systems of other nations. The plan
shall include a description of how the District of Co-
lumbia public schools will accomplish the following:
(A) Achievement at nationally- and inter-
nationally-competitive levels by students attend-
ing District of Columbia public schools.
(B) The creation of a performance-oriented
workforce.
(C) The construction and repair of District
of Columbia public school facilities.
(D) Local school governance, decentraliza-
tion, autonomy, and parental choice among Dis-
trict of Columbia public schools; and
(E) The implementation of an efficient and
effective adult literacy program.
(2) OTHER
INFORMATION.—For each of the
items in subparagraphs (A) through (G) of para-
graph (1), the long-term plan shall include—
(A) a statement of measurable, objective
performance goals;
(B) a description of the measures of per-
formance to be used in determining whether the
Superintendent and Board of Education have
met the goals;
(C) dates by which the goals must be met;
(D) plans for monitoring and reporting
progress to District of Columbia residents, the
appropriate 
congressional 
committees, 
the
Mayor, the District of Columbia Council, and
the Authority; and
(E) the title of the management employee
of the District of Columbia public schools most
directly responsible for the achievement of each
goal and, with respect to each such employee,
the title of the employee’s immediate supervisor
or superior.
(c) AMENDMENTS.—The Superintendent, with the
approval of the Board of Education, shall submit any
amendment to the long-term plan to the appropriate con-
gressional committees. Any amendment to the long-term
plan shall be consistent with the financial plan and budget
for fiscal year 1996 for the District of Columbia required
under section 201 of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995
(Public Law 104–8).
Subtitle B—Public Charter Schools
SEC. 2151. PROCESS FOR FILING CHARTER PETITIONS.
(a) EXISTING PUBLIC SCHOOL.—An eligible appli-
cant seeking to convert an existing District of Columbia
public school into a public charter school—
(1) shall prepare a petition to establish a public
charter school that meets the requirements of sec-
tion 2152;
(2) shall provide a copy of the petition to—
(A) the parents of minor students attend-
ing the existing school;
(B) adult students attending the existing
school; and
(C) employees of the existing school;
(3) shall file the petition with an eligible char-
tering authority for approval after the petition—
(A) has been signed by a majority of the
total number of—
(i) parents of minor students attend-
ing the school; and
(ii) adult students attending the
school; and
(B) has been endorsed by at least a major-
ity of full-time teachers at the school; and
(4) shall explain in the petition the relationship
that will exist between the public charter school and
its employees.
(b) INDEPENDENT OR PRIVATE SCHOOL.—An eligi-
ble applicant seeking to convert an existing independent
or private school in the District of Columbia into a public
charter school—
(1) shall prepare a petition to establish a public
charter school that meets the requirements of sec-
tion 2152;
(2) shall provide a copy of the petition to—
(A) the parents of minor students attend-
ing the existing school;
(B) adult students attending the existing
school; and
(C) employees of the existing school;
(3) shall file the petition with an eligible char-
tering authority for approval after the petition—
(A) has been signed by a majority of the
total number of—
(i) parents of minor students attend-
ing the school; and
(ii) adult students attending the
school; and
(B) has been endorsed by at least a major-
ity of full-time teachers at the school; and
(4) shall explain in the petition the relationship
that will exist between the public charter school and
its employees.
(c) NEW SCHOOL.—An eligible applicant seeking to
establish in the District of Columbia a public charter
school, but not seeking to convert an existing public, pri-
vate, or independent school into a public charter school,
shall file with an eligible chartering authority for approval
a petition to establish a public charter school that meets
the requirements of section 2152.
SEC. 2152. CONTENTS OF PETITION.
A petition to establish a public charter school shall
include the following:
(1) A statement defining the mission and goals
of the proposed school.
(2) A statement of the need for the proposed
school in the geographic area of the school site.
(3) A description of the proposed instructional
goals and methods for the school, which includes, at
a minimum—
(A) the methods that will be used to pro-
vide students with the knowledge, proficiency,
and skills needed—
(i) to become nationally and inter-
nationally competitive students and edu-
cated individuals in the 21st century; and
(ii) to perform competitively on any
districtwide assessments; and
(B) the methods that will be used to im-
prove student self-motivation, classroom in-
struction, and learning for all students.
(4) A description of the plan for evaluating stu-
dent academic achievement of the proposed school
and the procedures for remedial action that will be
used by the school when the academic achievement
of a student falls below the expectations of the
school.
(5) An operating budget for the first 2 years of
the proposed school that is based on anticipated en-
rollment and contains—
(A) a description of the method for con-
ducting annual audits of the financial, adminis-
trative, and programmatic operations of the
school;
(B) either—
(i) an identification of the site where
the school will be located, including a de-
scription of any buildings on the site and
any buildings proposed to be constructed
on the site; or
(ii) a timetable by which a such an
identification will be made;
(C) a description of any major contracts
planned, with a value equal to or exceeding
$10,000, for equipment and services, leases, im-
provements, purchases of real property, or in-
surance; and
(D) a timetable for commencing operations
as a public charter school.
(6) A description of the proposed rules and poli-
cies for governance and operation of the school.
(7) Copies of the proposed articles of incorpora-
tion and bylaws of the school.
(8) The names and addresses of the members
of the proposed Board of Trustees.
(9) A description of the student enrollment, ad-
mission, suspension, and expulsion policies and pro-
cedures of the proposed school, and the criteria for
making decisions in such areas.
(10) A description of the procedures the school
plans to follow to ensure the health and safety of
students, employees, and guests of the school and to
comply with applicable health and safety laws and
regulations of the Federal Government and the Dis-
trict of Columbia.
(11) An explanation of the qualifications that
will be required of employees of the proposed school.
(12) An identification, and a description, of the
individuals and entities submitting the application,
including their names and addresses, and the names
of the organizations or corporations of which such
individuals are directors or officers.
SEC. 2153. PROCESS FOR APPROVING OR DENYING CHAR-
TER PETITIONS.
(a) SCHEDULE.—An eligible chartering authority
may establish a schedule for receiving petitions to estab-
lish a public charter school and shall publish any such
schedule in the District of Columbia Register. An eligible
chartering authority shall make a copy of any such sched-
ule available to all interested persons upon request.
(b) PUBLIC HEARING.—Not later than 45 days after
a petition to establish a public charter school is filed with
an eligible chartering authority, the authority shall hold
a public hearing on the petition to gather the information
that is necessary for the authority to make the decision
to approve or deny the petition.
(c) NOTICE.—Not later than 10 days prior to the
scheduled date of a public hearing on a petition to estab-
lish a public charter school, an eligible chartering author-
ity—
(1) shall publish a notice of the hearing in the
District of Columbia Register; and
(2) shall send a written notification of the hear-
ing date to the eligible applicant who filed the peti-
tion.
(d) APPROVAL OR DENIAL.—Subject to subsection
(i), an eligible chartering authority shall approve a petition
to establish a public charter school, if—
(1) the authority determines that the petition
satisfies the requirements of this subtitle; and
(2) the eligible applicant who filed the petition
agrees to satisfy any condition or requirement, con-
sistent with this title and other applicable law, that
is set forth in writing by the eligible chartering au-
thority as an amendment to the petition.
(e) TIMETABLE.—An eligible chartering authority
shall approve or deny a petition to establish a public char-
ter school not later than 45 days after the conclusion of
the public hearing on the petition.
(f) EXTENSION.—An eligible chartering authority
and an eligible applicant may agree to extend the 45-day
time period referred to in subsection (e) by a period that
does not exceed 30 days.
(g) EXPLANATION.—If an eligible chartering author-
ity denies a petition or finds it to be incomplete, the au-
thority shall specify in writing the reasons for its decision
and indicate, when appropriate, how the eligible applicant
who filed the petition may revise the petition to satisfy
the requirements for approval.
(h) APPROVED PETITION.—
(1) NOTICE.—Not later than 10 days after an
eligible chartering authority approves a petition to
establish a public charter school, the authority shall
provide a written notice of the approval, including a
copy of the approved petition and any conditions or
requirements agreed to under subsection (d)(2), to
the eligible applicant and to the Chief Financial Of-
ficer of the District of Columbia. The eligible char-
tering authority shall publish a notice of the ap-
proval of the petition in the District of Columbia
Register.
(2) CHARTER.—The provisions of a petition to
establish a public charter school that has been ap-
proved by an eligible chartering authority, together
with any amendments to the petition containing con-
ditions or requirements agreed to by the eligible ap-
plicant under subsection (d)(2), shall be considered
a charter granted to the school by the authority.
(i) SPECIAL RULES FOR FIRST YEAR.—During the
one-year period beginning on the date of the enactment
of this Act, each eligible chartering authority—
(1) may approve not more than one petition
filed by an eligible applicant seeking to convert an
existing independent or private school into a public
charter school; and
(2) in considering a petition to establish a pub-
lic charter school filed by any eligible applicant, shall
consider whether the school will focus on students
with special needs.
(j) EXCLUSIVE AUTHORITY
OF CHARTERING AU-
THORITY.—Notwithstanding any other Federal law or law
of the District of Columbia, no governmental entity, elect-
ed official, or employee of the District of Columbia may
make, participate in making, or intervene in the making
of, the decision to approve or deny a petition to establish
a public charter school, except the eligible chartering au-
thority with which the petition was filed.
SEC. 2154. DUTIES AND POWERS OF, AND OTHER REQUIRE-
MENTS ON, PUBLIC CHARTER SCHOOLS.
(a) DUTIES.—A public charter school shall comply
with—
(1) this subtitle;
(2) any other provision of law applicable to the
school; and
(3) all of the terms and provisions of its char-
ter.
(b) POWERS.—A public charter school shall have all
of the powers necessary for carrying out its charter, in-
cluding the following powers:
(1) To adopt a name and corporate seal, but
only if the name selected includes the words ‘‘public
charter school’’.
(2) To acquire real property for use as its
school facilities, from public or private sources.
(3) To receive and disburse funds for school
purposes.
(4) Subject to subsection (c)(1), to secure ap-
propriate insurance and to make contracts and
leases, including agreements to procure or purchase
services, equipment, and supplies.
(5) To incur debt in reasonable anticipation of
the receipt of funds from the general fund of the
District of Columbia or the receipt of other Federal
or private funds.
(6) To solicit and accept any grants or gifts for
school purposes, if the school—
(A) does not accept any grants or gifts
subject to any condition contrary to law or con-
trary to the terms of the petition to establish
the school as a public charter school; and
(B) maintains separate accounts for grants
or gifts for financial reporting purposes.
(7) To be responsible for its own operation, in-
cluding preparation of a budget and personnel mat-
ters.
(8) To sue and be sued in its own name.
(c) PROHIBITIONS AND OTHER REQUIREMENTS.—
(1) CONTRACTING AUTHORITY.—
(A) NOTICE
REQUIREMENT.—Except in
the case of an emergency, with respect to any
contract proposed to be awarded by a public
charter school and having a value equal to or
exceeding $10,000, the school shall publish a
notice of a request for proposals in the District
of Columbia Register not less than 30 days
prior to the award of the contract.
(B) SUBMISSION TO AUTHORITY.—
(i) DEADLINE
FOR
SUBMISSION.—
With respect to any contract described in
subparagraph (A) that is awarded by a
public charter school, the school shall sub-
mit to the Authority, not later than 3 days
after the date on which the award is made,
all bids for the contract received by the
school, the name of the contractor who is
awarded the contract, and the rationale for
the award of the contract.
(ii) 
EFFECTIVE
DATE
OF
CON-
TRACT.—
(I) IN
GENERAL.—Subject to
subclause (II), a contract described in
subparagraph (A) shall become effec-
tive on the date that is 15 days after
the date the school makes the submis-
sion under clause (i) with respect to
the contract, or the effective date
specified in the contract, whichever is
later.
(II) EXCEPTION.—A contract de-
scribed in subparagraph (A) shall be
considered null and void if the Au-
thority determines, within 12 days of
the date the school makes the submis-
sion under clause (i) with respect to
the contract, that the contract endan-
gers the economic viability of the pub-
lic charter school.
(2) TUITION.—A public charter school may not
charge tuition, fees, or other mandatory payments,
except to nonresident students.
(3) CONTROL.—A public charter school—
(A) shall exercise exclusive control over its
expenditures, administration, personnel, and in-
structional methods, within the limitations im-
posed in this title; and
(B) shall be exempt from statutes, policies,
rules, and regulations governing District of Co-
lumbia public schools established by the Super-
intendent, Board of Education, Mayor, District
of Columbia Council, or Authority, except as
otherwise provided in this title or in the charter
granted to the school.
(4) AUDITS.—A public charter school shall be
subject to the same financial audits, audit proce-
dures, and fiduciary requirements as a District of
Columbia public school.
(5) GOVERNANCE.—A public charter school
shall be governed by a Board of Trustees in a man-
ner consistent with the charter granted to the
school, the provisions of this title, and any other law
applicable to the school.
(6) OTHER STAFF.—No employee of the Dis-
trict of Columbia public schools may be required to
accept employment with, or be assigned to, a public
charter school.
(7) OTHER STUDENTS.—No student enrolled in
a District of Columbia public school may be required
to attend a public charter school.
(8) TAXES OR BONDS.—A public charter school
shall not levy taxes or issue bonds.
(9) CHARTER
REVISION.—A public charter
school seeking to revise its charter shall prepare a
petition for approval of the revision and file it with
the eligible chartering authority that granted the
charter. The provisions of section 2153 shall apply
to such a petition in the same manner as such provi-
sions apply to a petition to establish a public charter
school.
(10) ANNUAL REPORT.—
(A) IN GENERAL.—A public charter school
shall submit an annual report to the eligible
chartering authority that approved its charter
and to the Authority. The school shall permit a
member of the public to review any such report
upon request.
(B) 
CONTENTS.—A 
report 
submitted
under subparagraph (A) shall include the fol-
lowing data:
(i) Student performance on any dis-
trict-wide assessments.
(ii) Grade advancement for students
enrolled in the public charter school.
(iii) Graduation rates, college admis-
sion test scores, and college admission
rates, if applicable.
(iv) Types and amounts of parental
involvement.
(v) Official student enrollment.
(vi) Average daily attendance.
(vii) Average daily membership.
(viii) A financial statement audited by
an independent certified public accountant.
(ix) A list of all donors and grantors
that have contributed monetary or in-kind
donations having a value equal or exceed-
ing $500 during the year that is the sub-
ject of the report.
(C) NONIDENTIFYING
DATA.—Data de-
scribed in subparagraph (B) that are included
in an annual report may not identify the indi-
viduals to whom the data pertain.
(11) STUDENT ENROLLMENT REPORT.—A pub-
lic charter school shall report to the Mayor and the
District of Columbia Council annual student enroll-
ment on a grade-by-grade basis, including students
with special needs, in a manner and form that per-
mits the Mayor and the District of Columbia Council
to comply with subtitle E.
(12) CENSUS.—A public charter school shall
provide to the Board of Education student enroll-
ment data necessary for the Board to comply with
section 3 of article II of the Act of February 4,
1925 (D.C. Code, sec. 31–404) (relating to census
of minors).
(13) COMPLAINT
RESOLUTION
PROCESS.—A
public charter school shall establish an informal
complaint resolution process.
(14) PROGRAM OF EDUCATION.—A public char-
ter school shall provide a program of education
which shall include one or more of the following:
(A) Pre-school.
(B) Pre-kindergarten.
(C) Any grade or grades from kindergarten
through 12th grade.
(D) Adult community, continuing, and vo-
cational education programs.
(15) NONSECTARIAN NATURE OF SCHOOLS.—A
public charter school shall be nonsectarian.
(16) NONPROFIT STATUS OF SCHOOL.—A pub-
lic charter school shall be organized under the Dis-
trict of Columbia Nonprofit Corporation Act (D.C.
Code, sec. 29–501 et seq.).
(17) IMMUNITY FROM CIVIL LIABILITY.—
(A) IN GENERAL.—A public charter school,
and its incorporators, Board of Trustees, offi-
cers, employees, and volunteers, shall be im-
mune from civil liability, both personally and
professionally, for any act or omission within
the scope of their official duties unless the act
or omission—
(i) constitutes gross negligence;
(ii) constitutes an intentional tort; or
(iii) is criminal in nature.
(B) 
COMMON
LAW
IMMUNITY
PRE-
SERVED.—Subparagraph (A) shall not be con-
strued to abrogate any immunity under com-
mon law of a person described in such subpara-
graph.
SEC. 2155. BOARD OF TRUSTEES OF A PUBLIC CHARTER
SCHOOL.
(a) BOARD OF TRUSTEES.—The members of a Board
of Trustees of a public charter school shall be elected or
selected pursuant to the charter granted to the school.
Such a board shall have an odd number of members that
does not exceed 7, of which—
(1) a majority shall be residents of the District
of Columbia; and
(2) at least 2 shall be a parent of a student at-
tending the school.
(b) ELIGIBILITY.—An individual is eligible for elec-
tion or selection to the Board of Trustees of a public char-
ter school if the person—
(1) is a teacher or staff member who is em-
ployed at the school;
(2) is a parent of a student attending the
school; or
(3) meets the selection or election criteria set
forth in the charter granted to the school.
(c) ELECTION OR SELECTION OF PARENTS.—In the
case of the first Board of Trustees of a public charter
school to be elected or selected after the date on which
the school is granted a charter, the election or selection
of the members under subsection (a)(2) shall occur on the
earliest practicable date after classes at the school have
commenced. Until such date, any other members who have
been elected or selected shall serve as an interim Board
of Trustees. Such an interim board may exercise all of
the powers, and shall be subject to all of the duties, of
a Board of Trustees.
(d) FIDUCIARIES.—The Board of Trustees of a public
charter school shall be fiduciaries of the school and shall
set overall policy for the school. The Board of Trustees
may make final decisions on matters related to the oper-
ation of the school, consistent with the charter granted
to the school, this title, and other applicable law.
100
SEC. 2156. STUDENT ADMISSION, ENROLLMENT, AND WITH-
DRAWAL.
(a) OPEN ENROLLMENT.—Enrollment in a public
charter school shall be open to all students who are resi-
dents of the District of Columbia and, if space is available,
to nonresident students who meet the tuition requirement
in subsection (e).
(b) CRITERIA
FOR ADMISSION.—A public charter
school may not limit enrollment on the basis of a student’s
intellectual or athletic ability, measures of achievement or
aptitude, or a student’s disability. A public charter school
may limit enrollment to specific grade levels or areas of
focus of the school, such as mathematics, science, or the
arts, where such a limitation is consistent with the charter
granted to the school.
(c) RANDOM SELECTION.—If there are more applica-
tions to enroll in a public charter school from students
who are residents of the District of Columbia than there
are spaces available, students shall be admitted using a
random selection process.
(d) ADMISSION TO AN EXISTING SCHOOL.—During
the 5-year period beginning on the date that a petition,
filed by an eligible applicant seeking to convert an existing
public, private, or independent school into a public charter
school, is approved, the school shall give priority in enroll-
ment to—
101
(1) students enrolled in the school at the time
that the petition is granted;
(2) the siblings of students described in para-
graph (1); and
(3) in the case of the conversion of an existing
public school, students who reside within the attend-
ance boundaries, if any, in which the school is lo-
cated.
(e) NONRESIDENT
STUDENTS.—Nonresident stu-
dents shall pay tuition to a public charter school at the
current rate established for District of Columbia public
schools administered by the Board of Education for the
type of program in which the student has enrolled.
(f) STUDENT WITHDRAWAL.—A student may with-
draw from a public charter school at any time and, if oth-
erwise eligible, enroll in a District of Columbia public
school administered by the Board of Education.
(g) EXPULSION AND SUSPENSION.—The principal of
a public charter school may expel or suspend a student
from the school based on criteria set forth in the charter
granted to the school.
SEC. 2157. EMPLOYEES.
(a) EXTENDED
LEAVE
OF
ABSENCE
WITHOUT
PAY.—
102
(1) LEAVE OF ABSENCE FROM DISTRICT OF CO-
LUMBIA
PUBLIC
SCHOOLS.—The Superintendent
shall grant, upon request, an extended leave of ab-
sence, without pay, to an employee of the District of
Columbia public schools for the purpose of permit-
ting the employee to accept a position at a public
charter school for a 2-year term.
(2) REQUEST FOR EXTENSION.—At the end of
a 2-year term referred to in paragraph (1), an em-
ployee granted an extended leave of absence without
pay under the paragraph may submit a request to
the Superintendent for an extension of the leave of
absence for an additional 2-year term. The Super-
intendent may not unreasonably withhold approval
of the request.
(3) RIGHTS UPON TERMINATION OF LEAVE.—
An employee granted an extended leave of absence
without pay for the purpose described in paragraph
(1) shall have the same rights and benefits under
law upon termination of such leave of absence as an
employee of the District of Columbia public schools
who is granted an extended leave of absence without
pay for any other purpose.
(b) RETIREMENT SYSTEM.—
103
(1) CREDITABLE SERVICE.—An employee of a
public charter school who has received a leave of ab-
sence under subsection (a) shall receive creditable
service, as defined in section 2604 of D.C. Law 2–
139, effective March 3, 1979, (D.C. Code, sec. 1–
627.4) and the rules established under such section,
for the period of the employee’s employment at the
public charter school.
(2) AUTHORITY TO ESTABLISH SEPARATE SYS-
TEM.—A public charter school may establish a re-
tirement system for employees under its authority.
(3) ELECTION
OF
RETIREMENT
SYSTEM.—A
former employee of the District of Columbia public
schools who become an employee of a public charter
school within 60 after the date the employee’s em-
ployment with the District of Columbia public
schools is terminated may, at the time the employee
commences employment with the public charter
school, elect—
(A) to remain in a District of Columbia
government retirement system and continue to
receive creditable service for the period of their
employment at a public charter school; or
104
(B) to transfer into a retirement system
established by the public charter school pursu-
ant to paragraph (2) .
(4) PROHIBITED EMPLOYMENT CONDITIONS.—
No public charter school may require a former em-
ployee of the District of Columbia public schools to
transfer to the public charter school’s retirement
system as a condition of employment.
(5) CONTRIBUTIONS.—
(A) EMPLOYEES ELECTING NOT TO TRANS-
FER.—In the case of a former employee of the
District of Columbia public schools who elects
to remain in a District of Columbia government
retirement system pursuant to paragraph
(3)(A), the public charter school that employs
the person shall make the same contribution to
such system on behalf of the person as the Dis-
trict of Columbia would have been required to
make if the person had continued to be an em-
ployee of the District of Columbia public
schools.
(B) EMPLOYEES
ELECTING
TO
TRANS-
FER.—In the case of a former employee of the
District of Columbia public schools who elects
to transfer into a retirement system of a public
105
charter school pursuant to paragraph (3)(B),
the applicable District of Columbia government
retirement system from which the former em-
ployee is transferring shall compute the employ-
ee’s contribution to that system and transfer
this amount, to the retirement system by the
public charter school.
(c) EMPLOYMENT STATUS.—Notwithstanding any
other provision of law, an employee of a public charter
school shall not be considered to be an employee of the
District of Columbia government for any purpose.
SEC. 2158. REDUCED FARES FOR PUBLIC TRANSPOR-
TATION.
A student attending a public charter school shall be
eligible for reduced fares on the Metrobus and Metrorail
Transit System on the same terms and conditions as are
applicable under section 2 of D.C. Law 2–152, effective
March 9, 1979, (D.C. Code, sec. 44–216 et seq.) to a stu-
dent attending a District of Columbia public school.
SEC. 2159. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERV-
ICES TO PUBLIC CHARTER SCHOOLS.
The Superintendent may provide services such as fa-
cilities maintenance to public charter schools. All com-
pensation for costs of such services shall be subject to ne-
106
gotiation and mutual agreement between a public charter
school and the Superintendent.
SEC. 2160. APPLICATION OF LAW.
(a) ELEMENTARY
AND
SECONDARY
EDUCATION
ACT.—
(1) TREATMENT
AS
LOCAL
EDUCATIONAL
AGENCY.—For any fiscal year, a public charter
school shall be considered to be a local educational
agency for purposes of part A of title I of the Ele-
mentary and Secondary Education Act of 1965, and
shall be eligible for assistance under such part, if the
percentage of pupils enrolled in the public charter
school during the preceding fiscal year who were eli-
gible for, and received, free or reduced price school
lunches under the National School Lunch Act is
equal to or greater than the lowest such percentage
for any District of Columbia public school that was
selected to provide services under section 1113 of
such Act for such preceding year.
(2) ALLOCATION
FOR
FISCAL
YEARS
1996
THROUGH 1998.—
(A) PUBLIC CHARTER SCHOOLS.—For fis-
cal years 1996 through 1998, each public char-
ter school that is eligible to receive assistance
under part A of title I of the Elementary and
107
Secondary Education Act of 1965 shall receive
a portion of the District of Columbia’s total al-
location under such part which bears the same
ratio to such total allocation as the number de-
scribed in subparagraph (C) bears to the num-
ber described in subparagraph (D).
(B) 
DISTRICT
OF
COLUMBIA
PUBLIC
SCHOOLS.—For fiscal years 1996 through
1998, the District of Columbia public schools
shall receive a portion of the District of Colum-
bia’s total allocation under part A of title I of
the Elementary and Secondary Education Act
of 1965 which bears the same ratio to such
total allocation as the total of the numbers de-
scribed in clauses (ii) and (iii) of paragraph
(2)(D) bears to the aggregate total described in
paragraph (2)(D).
(C) NUMBER
OF
ELIGIBLE
PUPILS
EN-
ROLLED IN THE PUBLIC CHARTER SCHOOL.—
The number described in this subparagraph is
the number of pupils enrolled in the public
charter school during the preceding fiscal year
who were eligible for, and received, free or re-
duced price school lunches under the National
School Lunch Act.
108
(D) AGGREGATE
NUMBER
OF
ELIGIBLE
PUPILS.—The number described in this sub-
paragraph is the aggregate total of the follow-
ing numbers:
(i) The number of pupils enrolled dur-
ing the preceding fiscal year in all eligible
public charter schools who were eligible
for, and received, free or reduced price
school lunches under the National School
Lunch Act.
(ii) The number of pupils who, during
the preceding fiscal year—
(I) were enrolled in a District of
Columbia public school selected to
provide services under section 1113 of
the Elementary and Secondary Edu-
cation Act of 1965; and
(II) were eligible for, and re-
ceived, free or reduced price school
lunches under the National School
Lunch Act.
(iii) The number of pupils who, during
the preceding fiscal year—
(I) were enrolled in a private or
independent school;
109
(II) were eligible for, and re-
ceived, free or reduced price school
lunches under the National School
Lunch Act; and
(III) resided in an attendance
area of a District of Columbia public
school selected to provide services
under section 1113 of the Elementary
and Secondary Education Act of
1965.
(3) ALLOCATION FOR FISCAL YEAR 1999 AND
THEREAFTER.—
(A) CALCULATION BY SECRETARY.—Not-
withstanding sections 1124(a)(2), 1124(c)(2),
1124A(a)(4), 1125(c)(2), and 1125(d) of the
Elementary and Secondary Education Act of
1965, for fiscal year 1999 and fiscal years
thereafter, the total allocation under part A of
title I of such Act for all local educational agen-
cies in the District of Columbia, including pub-
lic charter schools that are eligible to receive as-
sistance under such part, shall be calculated by
the Secretary of Education. In making such cal-
culation, such Secretary shall treat all such
local educational agencies as if they were a sin-
110
gle local educational agency for the District of
Columbia.
(B) ALLOCATION.—
(i) PUBLIC CHARTER SCHOOLS.—For
fiscal year 1999 and fiscal years there-
after, each public charter school that is eli-
gible to receive assistance under part A of
title I of the Elementary and Secondary
Education Act of 1965 shall receive a por-
tion of the total allocation calculated under
subparagraph (A) which bears the same
ratio to such total allocation as the number
described in paragraph (2)(C) bears to the
number described in paragraph (2)(D).
(ii) DISTRICT OF COLUMBIA PUBLIC
SCHOOLS.—For fiscal year 1999 and fiscal
years thereafter, the District of Columbia
public schools shall receive a portion of the
total allocation calculated under subpara-
graph (A) which bears the same ratio to
such total allocation as the total of the
numbers described in clauses (ii) and (iii)
of paragraph (2)(D) bears to the aggregate
total described in paragraph (2)(D).
111
(4) USE OF ESEA FUNDS.—The Board of Edu-
cation may not direct a public charter school in the
charter school’s use of funds under part A of title
I of the Elementary and Secondary Education Act
of 1965.
(5) INAPPLICABILITY OF CERTAIN ESEA PROVI-
SIONS.—The following provisions of the Elementary
and Secondary Education Act of 1965 shall not
apply to a public charter school:
(A) Paragraphs (5), (8), and (9) of section
1112(b).
(B) Subsection 1112(c).
(C) Section 1113.
(D) Section 1115A.
(E) Subsections (a), (b), and (c) of section
1116.
(F) Subsections (a), (c), (d), (e), (f), and
(g) of section 1118.
(G) Section 1120.
(H) Subsections (a) and (c) of section
1120A.
(I) Section 1120B.
(J) Section 1126.
112
(b) PROPERTY AND SALES TAXES.—A public charter
school shall be exempt from District of Columbia property
and sales taxes.
SEC. 2161. POWERS AND DUTIES OF ELIGIBLE CHARTERING
AUTHORITIES.
(a) OVERSIGHT.—
(1) IN GENERAL.—An eligible chartering au-
thority—
(A) shall monitor the operations of each
public charter school to which the authority has
granted a charter;
(B) shall ensure that each such school
complies with applicable laws and the provisions
of the charter granted to the school; and
(C) shall monitor the progress of each such
school in meeting student academic achievement
expectations specified in the charter granted to
the school.
(2) PRODUCTION OF BOOKS AND RECORDS.—
An eligible chartering authority may require a public
charter school to which the authority has granted a
charter to produce any book, record, paper, or docu-
ment, if the authority determines that such produc-
tion is necessary for the authority to carry out its
functions under this title.
113
(b) FEES.—
(1) APPLICATION FEE.—An eligible chartering
authority may charge an eligible applicant a fee, not
to exceed $150, for processing a petition to establish
a public charter school.
(2) ADMINISTRATION FEE.—In the case of an
eligible chartering authority that has granted a char-
ter to an public charter school, the authority may
charge the school a fee, not to exceed one-half of one
percent of the annual budget of the school, to cover
the cost of undertaking the ongoing administrative
responsibilities of the authority with respect to the
school that are described in this subtitle. The school
shall pay the fee to the eligible chartering authority
not later than November 15 of each year.
(c) IMMUNITY FROM CIVIL LIABILITY.—
(1) IN GENERAL.—An eligible chartering au-
thority, a governing board of such an authority, and
the directors, officers, employees, and volunteers of
such an authority, shall be immune from civil liabil-
ity, both personally and professionally, for any act or
omission within the scope of their official duties un-
less the act or omission—
(A) constitutes gross negligence;
(B) constitutes an intentional tort; or
114
(C) is criminal in nature.
(2) COMMON
LAW
IMMUNITY
PRESERVED.—
Paragraph (1) shall not be construed to abrogate
any immunity under common law of a person de-
scribed in such paragraph.
SEC. 2162. CHARTER RENEWAL.
(a) TERM.—A charter granted to a public charter
school shall remain in force for a 5-year period, but may
be renewed for an unlimited number of 5-year periods.
(b) APPLICATION FOR CHARTER RENEWAL.—In the
case of a public charter school that desires to renew its
charter, the Board of Trustees of the school shall file an
application to renew the charter with the eligible charter-
ing authority that granted the charter not later than 120
days before the expiration of the charter. The application
shall contain the following:
(1) A report on the progress of the public char-
ter school in achieving the goals, student academic
achievement expectations, and other terms of the ap-
proved charter.
(2) All audited financial statements for the pub-
lic charter school for the preceding 4 years.
(c) APPROVAL
OF CHARTER RENEWAL APPLICA-
TION.—The eligible chartering authority that granted a
charter shall approve an application to renew the charter
115
that is filed in accordance with subsection (b) unless the
authority determines that—
(1) the school committed a material violation of
the conditions, terms, standards, or procedures set
forth in the charter; or
(2) the school failed to meet the goals and stu-
dent academic achievement expectations set forth in
the charter.
(d) PROCEDURES FOR CONSIDERATION OF CHARTER
RENEWAL.—
(1) NOTICE OF RIGHT TO HEARING.—An eligi-
ble chartering authority that has received an appli-
cation to renew a charter that is filed by a Board
of Trustees in accordance with subsection (b) shall
provide to the Board written notice of the right to
an informal hearing on the application. The eligible
chartering authority shall provide the notice not
later than 15 days after the date on which the au-
thority received the application.
(2) REQUEST FOR HEARING.—Not later than
15 days after the date on which a Board of Trustees
receives a notice under paragraph (1), the Board
may request, in writing, an informal hearing on the
application before the eligible chartering authority.
(3) DATE AND TIME OF HEARING.—
116
(A) NOTICE.—Upon receiving a timely
written request for a hearing under paragraph
(2), an eligible chartering authority shall set a
date and time for the hearing and shall provide
reasonable notice of the date and time, as well
as the procedures to be followed at the hearing,
to the Board.
(B) 
DEADLINE.—An 
informal 
hearing
under this subsection shall take place not later
than 30 days after an eligible chartering au-
thority receives a timely written request for the
hearing under paragraph (2).
(4) FINAL DECISION.—
(A) DEADLINE.—An eligible chartering au-
thority shall render a final decision, in writing,
on an application to renew a charter—
(i) not later than 30 days after the
date on which the authority provided the
written notice of the right to a hearing, in
the case of an application with respect to
which such a hearing is not held; and
(ii) not later than 30 days after the
date on which the hearing is concluded, in
the case of an application with respect to
which a hearing is held.
117
(B) REASONS FOR NONRENEWAL.—An eli-
gible chartering authority that denies an appli-
cation to renew a charter shall state in its deci-
sion, in reasonable detail, the grounds for the
denial.
(5) ALTERNATIVES
UPON
NONRENEWAL.—An
eligible chartering authority that denies an applica-
tion to renew a charter granted to a public charter
school, or whose decision approving such an applica-
tion is reversed under section 2162(e), may—
(A) manage the school directly until alter-
native arrangements can be made for students
at the school; or
(B) place the school in a probationary sta-
tus that requires the school to take remedial ac-
tions, to be determined by the authority, that
directly relate to the grounds for the denial.
(6) JUDICIAL REVIEW.—
(A) AVAILABILITY OF REVIEW.—A decision
by an eligible chartering authority to deny an
application to renew a charter shall be subject
to judicial review.
(B) STANDARD OF REVIEW.—A decision by
an eligible chartering authority to deny an ap-
plication to renew a charter shall be upheld un-
118
less the decision is arbitrary and capricious or
clearly erroneous.
(e) BOARD OF EDUCATION RENEWAL REVIEW.—
(1) NOTICE OF DECISION TO RENEW.—An eligi-
ble chartering authority, other than the Board of
Education, that renders a decision to approve an ap-
plication to renew a charter granted to a public
charter school—
(A) shall provide a copy of the decision to
the Superintendent, the Board of Education,
and the school not later than 3 days after the
decision is rendered; and
(B) shall publish the decision in the Dis-
trict of Columbia Register not later than 5 days
after the decision is rendered.
(2) 
RECOMMENDATION
OF
SUPERINTEND-
ENT.—Not later than 30 days after an eligible char-
tering authority provides a copy of a decision ap-
proving an application to renew a charter to the Su-
perintendent under paragraph (1), the Superintend-
ent may recommend to the Board of Education, in
writing, that the decision be reversed.
(3) STANDARD OF REVIEW BY BOARD OF EDU-
CATION.—The Board of Education may concur in a
recommendation of the Superintendent under para-
119
graph (2), and reverse a decision approving an appli-
cation to renew a charter granted to a public charter
school, if the Board of Education determines that—
(A) the school failed to meet the goals and
student academic achievement expectations set
forth in the charter, in the case of a school that
has a student body the majority of which com-
prises students with special needs; or
(B) the average test score for all students
enrolled in the school was less than the average
test score for all students enrolled in the Dis-
trict of Columbia public schools on the most re-
cently administered the district-wide assess-
ments, in the case of a school that has a stu-
dent body the majority of which does not com-
prise students with special needs.
(4) PROCEDURES FOR REVERSING DECISION.—
(A) NOTICE OF RIGHT TO HEARING.—In
any case in which the Board of Education is
considering reversing a decision approving an
application to renew a charter granted to a
public charter school, the Board of Education
shall provide to the Board of Trustees of the
school a written notice stating in reasonable de-
tail the grounds for the proposed reversal. The
120
notice shall inform the Board of Trustees of the
right to an informal hearing on the proposed
reversal.
(B) REQUEST
FOR
HEARING.—Not later
than 15 days after the date on which a Board
of Trustees receives a notice under subpara-
graph (A), the Board may request, in writing,
an informal hearing on the proposed reversal
before the Board of Education.
(C) DATE AND TIME OF HEARING.—
(i) NOTICE.—Upon receiving a timely
written request for a hearing under sub-
paragraph (B), the Board of Education
shall set a date and time for the hearing
and shall provide reasonable notice of the
date and time, as well as the procedures to
be followed at the hearing, to the Board of
Trustees.
(ii) DEADLINE.—An informal hearing
under this paragraph shall take place not
later than 30 days after the Board of Edu-
cation receives a timely written request for
the hearing under subparagraph (B).
(D) FINAL DECISION.—
121
(i) DEADLINE.—The Board of Edu-
cation shall render a final decision, in writ-
ing, on the proposed reversal—
(I) not later than 30 days after
the date on which the Board of Edu-
cation provided the written notice of
the right to a hearing, in the case of
a proposed reversal with respect to
which such a hearing is not held; and
(II) not later than 30 days after
the date on which the hearing is con-
cluded, in the case of a proposed re-
versal with respect to which a hearing
is held.
(ii) REASONS FOR REVERSAL.—If the
Board of Education reverses a decision ap-
proving an application to renew a charter,
the Board of Education shall state in its
decision, in reasonable detail, the grounds
for the reversal.
(E) JUDICIAL REVIEW.—
(i) AVAILABILITY OF REVIEW.—A de-
cision by the Board of Education to re-
verse a decision approving an application
122
to renew a charter shall be subject to judi-
cial review.
(ii) STANDARD OF REVIEW.—A deci-
sion by the Board of Education to reverse
a decision approving an application to
renew a charter shall be upheld unless the
decision is arbitrary and capricious or
clearly erroneous.
SEC. 2163. CHARTER REVOCATION.
(a) CHARTER
OR LAW VIOLATIONS.—An eligible
chartering authority that has granted a charter to a public
charter school may revoke the charter if the authority de-
termines that the school has committed a violation of ap-
plicable laws or a material violation of the conditions,
terms, standards, or procedures set forth in the charter.
(b) FISCAL MISMANAGEMENT.—An eligible charter-
ing authority that has granted a charter to a public char-
ter school shall revoke the charter if the authority deter-
mines that the school—
(1) has engaged in a pattern of nonadherence
to generally accepted accounting principles;
(2) has engaged in a pattern of fiscal mis-
management; or
(3) is no longer economically viable.
123
(c) PROCEDURES FOR CONSIDERATION OF REVOCA-
TION.—
(1) NOTICE OF RIGHT TO HEARING.—An eligi-
ble chartering authority that is proposing to revoke
a charter granted to a public charter school shall
provide to the Board of Trustees of the school a
written notice stating in reasonable detail the
grounds for the proposed revocation. The notice
shall inform the Board of the right of the Board to
an informal hearing on the proposed revocation.
(2) REQUEST FOR HEARING.—Not later than
15 days after the date on which a Board of Trustees
receives a notice under paragraph (1), the Board
may request, in writing, an informal hearing on the
proposed revocation before the eligible chartering au-
thority.
(3) DATE AND TIME OF HEARING.—
(A) NOTICE.—Upon receiving a timely
written request for a hearing under paragraph
(2), an eligible chartering authority shall set a
date and time for the hearing and shall provide
reasonable notice of the date and time, as well
as the procedures to be followed at the hearing,
to the Board.
124
(B) 
DEADLINE.—An 
informal 
hearing
under this subsection shall take place not later
than 30 days after an eligible chartering au-
thority receives a timely written request for the
hearing under paragraph (2).
(4) FINAL DECISION.—
(A) DEADLINE.—An eligible chartering au-
thority shall render a final decision, in writing,
on the revocation of a charter—
(i) not later than 30 days after the
date on which the authority provided the
written notice of the right to a hearing, in
the case of a proposed revocation with re-
spect to which such a hearing is not held;
and
(ii) not later than 30 days after the
date on which the hearing is concluded, in
the case of a proposed revocation with re-
spect to which a hearing is held.
(B) REASONS FOR REVOCATION.—An eligi-
ble chartering authority that revokes a charter
shall state in its decision, in reasonable detail,
the grounds for the denial.
(5) ALTERNATIVES UPON REVOCATION.—An el-
igible chartering authority that revokes a charter
125
granted to a public charter school may manage the
school directly until alternative arrangements can be
made for students at the school.
(6) JUDICIAL REVIEW.—
(A) AVAILABILITY OF REVIEW.—A decision
by an eligible chartering authority to revoke a
charter shall be subject to judicial review.
(B) STANDARD OF REVIEW.—A decision by
an eligible chartering authority to revoke a
charter shall be upheld unless the decision is
arbitrary and capricious or clearly erroneous.
SEC. 2164. DISCONTINUANCE OF ELIGIBLE CHARTERING
AUTHORITY.
(a) NOTICE.—In the case of an eligible chartering au-
thority that has granted a charter to a public charter
school and that becomes unable or unwilling to continue
to act in the capacity of an eligible chartering authority
with respect to the school, the authority shall provide writ-
ten notice of such discontinuance to the school, to the ex-
tent feasible, not later than the date that is 120 days be-
fore the date on which such discontinuance takes effect.
(b) PETITION BY SCHOOL.—A public charter school
that has been granted a charter by an eligible chartering
authority that becomes unable or unwilling to continue to
act in the capacity of an eligible chartering authority with
126
respect to the school shall file a petition with another eligi-
ble chartering authority described in subsection (c)(2).
The petition shall request that such other authority as-
sume the powers and duties of an eligible chartering au-
thority with respect to the school and the charter granted
to the school. The petition shall be filed—
(1) in the case of a public charter school that
received a timely notice under subsection (a), not
later than 120 days after such notice was received;
and
(2) in the case of a public charter school that
did not receive a timely notice under subsection (a),
not later than 120 days after the date on which the
eligible chartering authority ceases to act in the ca-
pacity of an eligible chartering authority with re-
spect to the school.
(c) CHARTERING AUTHORITIES REQUIRED TO AS-
SUME DUTIES.—
(1) IN GENERAL.—If any of the eligible char-
tering authorities described in paragraph (2) re-
ceives a petition filed by a public charter school in
accordance with subsection (b), the eligible charter-
ing authority shall grant the petition and assume the
powers and duties of an eligible chartering authority
127
with respect to the school and the charter granted
to the school.
(2) ELIGIBLE
CHARTERING
AUTHORITIES.—
The eligible chartering authorities referred to in
paragraph (1) are the following:
(A) The Board of Education.
(B) Any other entity established, and des-
ignated as an eligible chartering authority, by
the District of Columbia Council by enactment
of a bill after the date of the enactment of this
Act.
(d) INTERIM POWERS AND DUTIES OF SCHOOL.—
Except as provided in this section, the powers and duties
of a public charter school that has been granted a charter
by an eligible chartering authority that becomes unable
or unwilling to continue to act in the capacity of an eligible
chartering authority with respect to the school shall not
be affected by such discontinuance, if the school satisfies
the requirements of this section.
SEC. 2165. FEDERAL ENTITIES.
(a) IN GENERAL.—The following Federal agencies
and federally-established institutions shall explore whether
it is feasible for the agency or institution to establish one
or more public charter schools:
(1) The Library of Congress.
128
(2) The National Aeronautics and Space Ad-
ministration.
(3) The Drug Enforcement Agency.
(4) The National Science Foundation.
(5) The Department of Justice.
(6) The Department of Defense.
(7) The Smithsonian Institution, including the
National Zoological Park, the National Museum of
American History, the Kennedy Center for the Per-
forming Arts, and the National Gallery of Art.
(b) DETERMINATION.—Not later than 120 days after
the date of the enactment of this Act, each agency and
institution listed in subsection (a) shall make a determina-
tion regarding whether it is feasible for the agency or in-
stitution to establish one or more public charter schools.
(c) REPORT.—Not later than 270 days after the date
of the enactment of this Act, any agency or institution
listed in subsection (a) that has not filed a petition to es-
tablish a public charter school with an eligible chartering
authority shall report to the Congress the reasons for the
decision.
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
129
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;
‘‘(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;
130
‘‘(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
(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)’’;
131
(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.
‘‘(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,
132
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
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
133
‘‘(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
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
134
‘‘(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—
‘‘(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.
135
‘‘(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-
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
136
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
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-
137
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
1, 1999. The Secretary shall provide an interim re-
port by March 1, 1998.’’.
138
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:
139
(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
140
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.
141
(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.
142
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-
143
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.—
144
(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.
145
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.
146
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-
147
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
148
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).
149
(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
150
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.
151
(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.
152
(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—
153
(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.
154
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
155
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-
156
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
157
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
(B) 1997 THROUGH 2000.—The amount of
the payment to a public charter school de-
scribed in paragraph (5) that begins operation
in any of fiscal years 1997 through 2000 shall
be calculated by multiplying the uniform dollar
amount used in the formula established under
2301(b) by 1⁄12 of the total anticipated enroll-
ment as set forth in the petition to establish the
public charter school.
(7) PAYMENT TO SCHOOLS.—
(A) TRANSFER.—On September 1 of each
of the years 1996 through 2000, the Mayor
shall transfer, by electronic funds transfer, the
amount determined under paragraph (6) for
each public charter school from the escrow ac-
count established under subsection (a) to a
bank designated by each such school.
(B) PRO RATA AND REMAINING FUNDS.—
Subparagraphs (C) and (D) of subsection (a)(2)
shall apply to payments made under this sub-
section.
159
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-
160
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.
161
(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
162
(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-
163
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.
164
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
165
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—
166
(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
167
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.
168
(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.
169
(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.
170
(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.
171
(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.—
172
(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
173
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.
174
(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.
175
(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
176
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.—
177
(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,
178
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
179
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.
180
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
181
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.
182
(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—
183
(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
184
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
185
(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
186
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.—
187
(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;
188
(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