(i) national norm-referenced achieve-
ment examination; 
(ii) advanced placement or similar ex-
amination; or 
(iii) standardized examination re-
quired for admission to an institution of 
higher education. 
(H) Transportation required for the eligi-
ble child to travel to and from a participating 
provider, except that not more than $2,000 per 
year from the education savings account may be 
used for this purpose. 
(I) A contribution to a qualified tuition 
program (as defined in section 529(b) of the In-
ternal Revenue Code of 1986) with respect to 
which the eligible child is a designated bene-
ficiary or a contribution to a Coverdell edu-
cation savings account (as defined in section 
530(b) of such Code) with respect to which the 
eligible child is a designated beneficiary, except 
that not more than a total of $2,000 per year 
may be used for contributions under this sub-
paragraph. 
(J) Any other education expenses approved 
by the administering entity. 
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(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to require an eligible 
child to attend a nonpublic school or a program of 
distance education described in paragraph (1)(A) in 
order to receive an academic scholarship under this 
section to be used for other eligible education ex-
penses described in paragraph (1). 
(d) GOVERNMENTAL AND ADMINISTERING ENTITY 
RESPONSIBILITIES.— 
(1) NO EXTENSION OF REGULATORY AUTHOR-
ITY.—The creation of the program under this Act 
does not expand the regulatory authority of the 
Mayor of the District of Columbia, the officers of 
the District of Columbia, the District of Columbia 
Public Schools, or the Federal Government to im-
pose any additional regulations on nonpublic schools 
beyond the regulations necessary to enforce the re-
quirements of this Act. 
(2) ANNUAL
LIST
OF
PARTICIPATING
PRO-
VIDERS.— 
(A) CREATION
OF
LIST.—Beginning in 
academic year 2016–2017, and each year there-
after, the administering entity shall ensure that 
all eligible children, and their parents, are in-
formed of the schools participating in the pro-
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gram under this Act for the next academic year 
by providing to the Chief Financial Officer, and 
making publicly available, a list of participating 
providers each school year. 
(B) INCLUSION ON CFO’S WEBSITE.—The 
Chief Financial Officer shall ensure that the 
annual list of participating providers prepared 
by the administering entity under subparagraph 
(A) is made publicly available on the website of 
the Chief Financial Officer. 
(3) ACCOUNTABILITY.—The administering enti-
ty and the Chief Financial Officer shall take such 
steps as are necessary to ensure the proper imple-
mentation of this Act, including— 
(A) conducting periodic audits of education 
savings accounts established under this section; 
(B) ensuring that the funds disbursed 
from education savings accounts are used ap-
propriately and in accordance with this Act; 
(C) freezing or revoking the education sav-
ings account of an eligible child if fraud is de-
tected; and 
(D) if appropriate, referring parents or 
participating providers found to be using edu-
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cation savings account funds for unlawful pur-
poses for criminal prosecution. 
(4) EXCHANGE OF RECORDS.—Upon request by 
the administering entity, the District of Columbia 
Public Schools shall provide, to any participating 
provider that is a school and that has admitted an 
eligible child who previously attended a public 
school, a complete copy of the child’s school records, 
following the standard procedures established by the 
administering entity for purposes of the program 
under this Act. 
(e) PARTICIPATING PROVIDER REQUIREMENTS AND 
RIGHTS.— 
(1) REFUND AND REBATE LIMITATIONS.— 
(A) GENERAL
PROHIBITION.—A partici-
pating provider that receives scholarship funds 
provided under this Act for an eligible child 
shall not— 
(i) refund or provide a rebate, of all 
or any portion of such funds, to the eligible 
child or a parent of the eligible child; and 
(ii) share such funds with such eligi-
ble child or parent in any manner. 
(B) REFUND
PROCEDURES.—Any refund 
that is needed for an item that is being re-
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turned or an item or service that has not been 
provided shall be provided to the administering 
entity and deposited into the education savings 
account from which the money refunded was 
originally paid. 
(2) ADMISSIONS.—A participating provider may 
enforce the admission requirements of the school or 
program offered by the provider and may accept the 
students best qualified to attend the school, except 
that a participating school may not discriminate on 
the basis of race, color, national origin, or sex, in ac-
cordance with subsection (f). 
(3) TRANSFER OF DOCUMENTS.—Each partici-
pating provider that is a school shall agree, as a con-
dition of participation in the program under this 
Act, to provide the complete academic records of an 
eligible child attending the school who receives an 
education savings account under this Act to any 
other nonpublic school or public school to which the 
child transfers. 
(f) NONDISCRIMINATION AND OTHER PROVISIONS.— 
(1) IN
GENERAL.—A participating provider 
shall not discriminate against program participants 
or applicants on the basis of race, color, national ori-
gin, or sex. 
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(2) APPLICABILITY AND SINGLE SEX SCHOOLS, 
CLASSES, OR ACTIVITIES.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the prohibition of sex 
discrimination in paragraph (1) shall not apply 
to a participating provider that is operated by, 
supervised by, controlled by, or connected to a 
religious organization to the extent that the ap-
plication of such paragraph is inconsistent with 
the religious tenets or beliefs of the partici-
pating provider. 
(B) SINGLE SEX SCHOOLS, CLASSES, OR 
ACTIVITIES.—Notwithstanding paragraph (1) or 
any other provision of law, a parent may choose 
and a participating provider may offer a single 
sex school, class, or activity. 
(3) RELIGIOUSLY
AFFILIATED
PARTICIPATING 
PROVIDERS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, a participating provider 
that is operated by, supervised by, controlled 
by, or connected to a religious organization may 
exercise its right in matters of employment con-
sistent with title VII of the Civil Rights Act of 
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1964 (42 U.S.C. 2000e et seq.), including the 
exemptions in such title. 
(B) MAINTENANCE
OF
PURPOSE.—Not-
withstanding any other provision of law, funds 
made available through education savings ac-
counts established under this section to eligible 
children, which are used for a participating pro-
vider as a result of the choice of the parents of 
such children, shall not, consistent with the 
first amendment of the Constitution of the 
United States— 
(i) necessitate any change in the par-
ticipating provider’s teaching mission; 
(ii) require any participating provider 
to remove religious art, icons, scriptures, 
or other symbols; or 
(iii) preclude any participating pro-
vider from retaining religious terms in its 
name, selecting its board members on a re-
ligious basis, or including religious ref-
erences in its mission statements and other 
chartering or governing documents. 
(4) RULES OF CONSTRUCTION.— 
(A) TREATMENT
OF
ASSISTANCE.—For 
purposes of any Federal law, assistance pro-
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vided under this section shall be considered as-
sistance to the child and shall not be considered 
assistance to the participating provider that en-
rolls the child in a school or program. The 
amount of any scholarship under this section 
shall not be treated as income of the child or 
the parents of the child for purposes of Federal 
tax laws or for determining eligibility for any 
other Federal program. 
(B) NO ABILITY TO CONTROL THE CUR-
RICULUM.—Nothing in this section shall be con-
strued to authorize any officer or employee of 
the Federal Government, through grants, con-
tracts, or other cooperative agreements, to man-
date, direct, or control the curriculum, program 
of instruction, instructional content, specific 
academic standards, assessments, or allocation 
of resources, of the District of Columbia or of 
any school in the District of Columbia. 
(g) TRANSITION.—The Chief Financial Officer and 
the administering entity shall take steps to ensure a 
smooth transition to the program under this Act, in order 
to ensure that academic scholarships and education sav-
ings accounts under this section are available to eligible 
children attending nonpublic schools through participating 
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providers beginning for the 2017–2018 school year. The 
Chief Financial Officer shall allow nonpublic schools to be-
come participating providers beginning on September 1, 
2016. 
(h) CONFORMING AMENDMENT.—Section 3007(a)(2) 
of the Scholarships for Opportunity and Results Act (D.C. 
Code, sec. 38–1853.07(a)(2)) is amended by adding before 
the period at the end the following: ‘‘, or deposited in an 
education savings account established under section 4 of 
the Educational Freedom Accounts Act to be used for edu-
cation expenses described in subsection (c) of such sec-
tion.’’. 
Æ 
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