I
105TH CONGRESS
1ST SESSION
H. R. 2724
To amend title VI of the Elementary and Secondary Education Act of 1965
to give parents with low-incomes the opportunity to choose the appro-
priate school for their children.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 23, 1997
Mr. RIGGS (for himself, Mr. WATTS of Oklahoma, Mr. FLAKE, Mr. TALENT,
Mr. GINGRICH, Mr. ARMEY, Mr. DELAY, Mr. BOEHNER, Ms. DUNN, Ms.
PRYCE of Ohio, Mr. SOLOMON, and Mr. HOEKSTRA) introduced the fol-
lowing bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committee on Ways and Means, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To amend title VI of the Elementary and Secondary Edu-
cation Act of 1965 to give parents with low-incomes
the opportunity to choose the appropriate school for their
children.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Helping Empower
Low-income Parents (HELP) Scholarships Amendments
of 1997’’.
SEC. 2. DEFINITIONS.
Section 6003 of the Elementary and Secondary Edu-
cation Act of 1965 is amended—
(1) in the section heading by striking ‘‘DEFINI-
TION’’ and inserting ‘‘DEFINITIONS’’;
(2) by striking ‘‘(1)’’, ‘‘(2)’’, and ‘‘(3)’’;
(3) in the matter proceeding subparagraph (A),
by striking ‘‘ title the term’’ and inserting the fol-
lowing:
‘‘title—
‘‘(1) the term’’;
(4) by striking the period at the end; and
(5) by adding at the end the following:
‘‘(2) the term ‘poverty line’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) applicable to a family of
the size involved; and
‘‘(3) the term ‘voluntary public and private pa-
rental choice program’ means a program that meets
the requirements of section 6301(b)(9), is authorized
by State law, and includes 1 or more private schools
to allow low-income parents to choose the appro-
priate school for their children.’’.
SEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
Section 6102(a) of the Elementary and Secondary
Education Act of 1965 is amended to read as follows:
‘‘(a) DISTRIBUTION RULE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), from the sums made available each year
to carry out this title, the State educational agency
shall distribute not less than 90 percent to local edu-
cational agencies within such State according to the
relative enrollments in public and private, nonprofit
schools within the school districts of such agencies,
adjusted, in accordance with criteria approved by the
Secretary, to provide higher per pupil allocations to
local educational agencies which have the greatest
numbers or percentages of children whose education
imposes a higher than average cost per child, such
as—
‘‘(A) children living in areas with high con-
centrations of low-income families;
‘‘(B) children from low-income families;
and
‘‘(C) children living in sparsely populated
areas.
‘‘(2) EXCEPTION.—A State that has enacted or
will enact a law that establishes a voluntary public
and private parental choice program and that com-
plies with the provisions of section 6301(b)(9) may
reserve an additional 15 percent from the sums
made available each year to carry out this title if the
additional amount reserved is used exclusively for
voluntary public and private parental choice pro-
grams.’’.
SEC. 4. USES OF FUNDS.
(a) STATE USES OF FUNDS.—Section 6201(a)(1) of
the Elementary and Secondary Education Act of 1965 is
amended—
(1) in subparagraph (C), by striking ‘‘and’’
after the semicolon;
(2) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) establishing voluntary public and pri-
vate parental choice programs in accordance
with section 6301(b)(9); and’’.
(b) LOCAL USES OF FUNDS.—Section 6301(b) of the
Elementary and Secondary Education Act of 1965 is
amended—
(1) in paragraph (7), by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (8), by striking the period and
inserting ‘‘; and’’; and
(3) by inserting after paragraph (8) the follow-
ing:
‘‘(9) voluntary public and private parental
choice programs that—
‘‘(A) are located in an area that has the
greatest numbers or percentages of children—
‘‘(i) living in areas with a high con-
centration of low-income families;
‘‘(ii) from low-income families; or
‘‘(iii) living in sparsely populated
areas;
‘‘(B) ensure that participation in such a
voluntary public and private parental choice
program is limited to families whose family in-
come does not exceed 185 percent of the pov-
erty line;
‘‘(C) ensure that—
‘‘(i) the maximum amount of a vol-
untary public and private parental choice
scholarship does not exceed the per pupil
expenditure of the local educational agency
in which an applicant for a voluntary pub-
lic and private parental choice scholarship
resides;
‘‘(ii) the minimum amount of a vol-
untary public and private parental choice
scholarship is not less than 60 percent of
the per pupil expenditure of the local edu-
cational agency in which an applicant for
a voluntary public and private parental
choice scholarship resides or the cost of
tuition at a private school, whichever is
less;
‘‘(D) ensure that for a private school that
chooses to participate in a voluntary public and
private parental choice program—
‘‘(i) such a school is permitted to im-
pose the same academic requirements for
all students, including students selected for
a scholarship as provided under this para-
graph;
‘‘(ii) receipt of funds under this title
is not conditioned with requirements or
regulations that preclude the use of such
funds for sectarian educational purposes or
require removal of religious art, icons,
scripture, or other symbols; and
‘‘(iii) such a school is in compliance
with all State requirements applicable to
the operation of a private school that are
in effect in the year preceding the date of
the enactment of the Helping Empower
Low-income Parents (HELP) Scholarships
Amendments of 1997;
‘‘(E) may allow State, local, and private
funds to be used for voluntary public and pri-
vate parental choice programs; and
‘‘(F) ensure priority for students who were
enrolled in a public school in the school year
preceding the school year in which a voluntary
public and private parental choice school begins
operation.’’.
SEC. 5. EVALUATION.
Part D of title VI of the Elementary and Secondary
Education Act of 1965 is amended—
(1) by adding at the end of section 6402 the
following new subsection:
‘‘(j) APPLICATION.—This section shall not apply to
a State or local educational agency that uses funds to es-
tablish a voluntary public and private parental choice pro-
gram in accordance with section 6301(b)(9).’’; and
(2) by adding at the end of such part the fol-
lowing new sections:
‘‘SEC. 6404. EVALUATION.
‘‘(a) ANNUAL EVALUATION.—
‘‘(1) CONTRACT.—The Comptroller General of
the United States shall enter into a contract, with
an evaluating agency that has demonstrated experi-
ence in conducting evaluations, for the conduct of an
ongoing rigorous evaluation of the programs estab-
lished under section 6301(b)(9).
‘‘(2) ANNUAL
EVALUATION
REQUIREMENT.—
The contract described in paragraph (1) shall re-
quire the evaluating agency entering into such con-
tract to evaluate annually each program established
under section 6301(b)(9) in accordance with the
evaluation criteria described in subsection (b).
‘‘(3) TRANSMISSION.—The contract described
in paragraph (1) shall require the evaluating agency
entering into such contract to transmit to the Comp-
troller General of the United States the findings of
each annual evaluation under paragraph (1).
‘‘(b) EVALUATION CRITERIA.—The Comptroller Gen-
eral of the United States, in consultation with the Sec-
retary, shall establish minimum criteria for evaluating
each program established under section 6301(b)(9). Such
criteria shall provide for—
‘‘(1) a description of the implementation of
each program established under section 6301(b)(9)
and the program’s effects on all participants,
schools, and communities in the program area, with
particular attention given to the effect of parent par-
ticipation in the life of the school and the level of
parental satisfaction with the program; and
‘‘(2) a comparison of the educational achieve-
ment of all students in the program area, including
a comparison between—
‘‘(A) students receiving a voluntary public
and private parental choice scholarships under
section 6301(b)(9); and
‘‘(B) students not receiving a voluntary
public and private parental choice scholarships
under such section.
‘‘(c) EVALUATION FUNDS.—Pursuant to the author-
ity provided under section 14701, the Secretary shall re-
serve not more than 0.50 percent of the amount of funds
made available under section 6002 to carry out this sec-
tion.
‘‘SEC. 6405. APPLICABILITY.
‘‘(a) NOT SCHOOL AID.—Subject to subsection (b),
funds used under this title to establish a voluntary public
and private parental choice program shall be considered
assistance to the student and shall not be considered as
assistance to any school that chooses to participate in such
program.
‘‘(b) NOT INCOME.—For purposes of Federal tax
laws or for determining eligibility for any other Federal
program, a voluntary public and private parental choice
scholarship provided under this title shall not be treated
as income or assistance to the student or the parents of
such student.
‘‘(c) NO FEDERAL CONTROL.—The Secretary is not
permitted to exercise any direction, supervision, or control
over curricula, program of instruction, administration, or
personnel of any school that chooses to participate in a
voluntary public and private choice program established
under 6309(b)(9).’’.
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