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vide a written explanation to the eligible
institution of the reasons for such denial.
(D) REVOCATION OF ELIGIBILITY.—
(i) IN
GENERAL.—The Corporation,
after notice and hearing, may revoke an el-
igible institution’s certification to partici-
pate in the scholarship program under this
title for a year succeeding the year for
which the determination is made for—
(I) good cause, including a find-
ing of a pattern of violation of pro-
gram requirements described in para-
graph (3)(A); or
(II) consistent failure of 25 per-
cent or more of the students receiving
scholarships under this title and at-
tending such school to make appro-
priate progress (as determined by the
Corporation) in academic achieve-
ment.
(ii) EXPLANATION.—If the certifi-
cation of an eligible institution is revoked,
the Corporation shall provide a written ex-
planation of the Corporation’s decision to
such eligible institution and require a pro
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rata refund of the proceeds of the scholar-
ship funds received under this title.
(3) PARTICIPATION REQUIREMENTS FOR ELIGI-
BLE INSTITUTIONS.—
(A) REQUIREMENTS.—Each eligible insti-
tution participating in the scholarship program
under this title shall—
(i) provide to the Corporation not
later than June 30 of each year the most
recent annual statement of the eligible in-
stitution’s budget; and
(ii) charge a student that receives a
scholarship under this title not more than
the cost of tuition and mandatory fees for,
and transportation to attend, such eligible
institution as other students who are resi-
dents of the District of Columbia and en-
rolled in such eligible institution.
(B) COMPLIANCE.—The Corporation may
require documentation of compliance with the
requirements of subparagraph (A), but neither
the Corporation nor any governmental entity
may impose requirements upon an eligible insti-
tution as a condition for participation in the
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scholarship program under this title, other than
requirements established under this title.
SEC. 203. SCHOLARSHIPS AUTHORIZED.
(a) ELIGIBLE STUDENTS.—The Corporation is au-
thorized to award tuition scholarships under subsection
(c)(1) and enhanced achievement scholarships under sub-
section (c)(2) to students in kindergarten through
grade 12—
(1) who are residents of the District of Colum-
bia; and
(2) whose family income does not exceed 185
percent of the poverty line.
(b) SCHOLARSHIP PRIORITY.—
(1) FIRST.—The Corporation first shall award
scholarships to students described in subsection (a)
who—
(A) are enrolled in a District of Columbia
public school or preparing to enter a District of
Columbia public kindergarten, except that this
subparagraph shall apply only for academic
years 1998–1999, 1999–2000, and 2000–2001;
or
(B) have received a scholarship from the
Corporation for the academic year preceding
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the academic year for which the scholarship is
awarded.
(2) SECOND.—If funds remain for a fiscal year
for awarding scholarships after awarding scholar-
ships under paragraph (1), the Corporation shall
award scholarships to students who are described in
subsection (a), not described in paragraph (1), and
otherwise eligible for a scholarship under this title.
(3) LOTTERY
SELECTION.—The Corporation
shall award scholarships to students under this sub-
section using a lottery selection process whenever the
amount made available to carry out this title for a
fiscal year is insufficient to award a scholarship to
each student who is eligible to receive a scholarship
under this title for the fiscal year.
(c) USE OF SCHOLARSHIP.—
(1) TUITION SCHOLARSHIPS.—A tuition schol-
arship may be used for the payment of the cost of
the tuition and mandatory fees for, and transpor-
tation to attend, an eligible institution located within
the geographic boundaries of the District of Colum-
bia; Montgomery County, Maryland; Prince Georges
County, Maryland; Arlington County, Virginia; Alex-
andria City, Virginia; Falls Church City, Virginia;
Fairfax City, Virginia; or Fairfax County, Virginia.
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(2) ENHANCED ACHIEVEMENT SCHOLARSHIP.—
An enhanced achievement scholarship may be used
only for the payment of the costs of tuition and
mandatory fees for, and transportation to attend, a
program of instruction provided by an eligible insti-
tution which enhances student achievement of the
core curriculum and is operated outside of regular
school hours to supplement the regular school pro-
gram.
(e) NOT SCHOOL AID.—A scholarship under this title
shall be considered assistance to the student and shall not
be considered assistance to an eligible institution.
SEC. 204. SCHOLARSHIP AWARDS.
(a) AWARDS.—From the funds made available under
this title, the Corporation shall award a scholarship to a
student and make scholarship payments in accordance
with section 205.
(b) NOTIFICATION.—Each eligible institution that re-
ceives the proceeds of a scholarship payment under sub-
section (a) shall notify the Corporation not later than 10
days after—
(1) the date that a student receiving a scholar-
ship under this title is enrolled, of the name, ad-
dress, and grade level of such student;
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(2) the date of the withdrawal or expulsion of
any student receiving a scholarship under this title,
of the withdrawal or expulsion; and
(3) the date that a student receiving a scholar-
ship under this title is refused admission, of the rea-
sons for such a refusal.
(c) TUITION SCHOLARSHIP.—
(1) EQUAL TO OR BELOW POVERTY LINE.—For
a student whose family income is equal to or below
the poverty line, a tuition scholarship may not ex-
ceed the lesser of—
(A) the cost of tuition and mandatory fees
for, and transportation to attend, an eligible in-
stitution; or
(B) $3,200 for fiscal year 1999, with such
amount adjusted in proportion to changes in
the Consumer Price Index for all urban con-
sumers published by the Department of Labor
for each of fiscal years 2000 through 2003.
(2) ABOVE
POVERTY
LINE.—For a student
whose family income is greater than the poverty line,
but not more than 185 percent of the poverty line,
a tuition scholarship may not exceed the lesser of—
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(A) 75 percent of the cost of tuition and
mandatory fees for, and transportation to at-
tend, an eligible institution; or
(B) $2,400 for fiscal year 1999, with such
amount adjusted in proportion to changes in
the Consumer Price Index for all urban con-
sumers published by the Department of Labor
for each of fiscal years 2000 through 2003.
(d) ENHANCED ACHIEVEMENT SCHOLARSHIP.—An
enhanced achievement scholarship may not exceed the
lesser of—
(1) the costs of tuition and mandatory fees for,
and transportation to attend, a program of instruc-
tion at an eligible institution; or
(2) $500 for 1999, with such amount adjusted
in proportion to changes in the Consumer Price
Index for all urban consumers published by the De-
partment of Labor for each of fiscal years 2000
through 2003.
SEC. 205. SCHOLARSHIP PAYMENTS.
(a) PAYMENTS.—The Corporation shall make schol-
arship payments to the parent of a student awarded a
scholarship under this title.
(b) DISTRIBUTION OF SCHOLARSHIP FUNDS.—Schol-
arship funds may be distributed by check, or another form
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of disbursement, issued by the Corporation and made pay-
able directly to a parent of a student awarded a scholar-
ship under this title. The parent may use the scholarship
funds only for payment of tuition, mandatory fees, and
transportation costs as described in this title.
(c) PRO RATA AMOUNTS
FOR STUDENT WITH-
DRAWAL.—If a student receiving a scholarship under this
title withdraws or is expelled from an eligible institution
after the proceeds of a scholarship is paid to the eligible
institution, then the eligible institution shall refund to the
Corporation on a pro rata basis the proportion of any such
proceeds received for the remaining days of the school
year. Such refund shall occur not later than 30 days after
the date of the withdrawal or expulsion of the student.
SEC. 206. CIVIL RIGHTS.
(a) IN GENERAL.—An eligible institution participat-
ing in the scholarship program under this title shall not
discriminate on the basis of race, color, national origin,
or sex in carrying out the provisions of this title.
(b) APPLICABILITY AND CONSTRUCTION WITH RE-
SPECT TO DISCRIMINATION ON THE BASIS OF SEX.—
(1) APPLICABILITY.—With respect to discrimi-
nation on the basis of sex, subsection (a) shall not
apply to an eligible institution that is controlled by
a religious organization if the application of sub-
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section (a) is inconsistent with the religious tenets of
the eligible institution.
(2) CONSTRUCTION.—With respect to discrimi-
nation on the basis of sex, nothing in subsection (a)
shall be construed to require any person, or public
or private entity to provide or pay, or to prohibit any
such person or entity from providing or paying, for
any benefit or service, including the use of facilities,
related to an abortion. Nothing in the preceding sen-
tence shall be construed to permit a penalty to be
imposed on any person or individual because such
person or individual is seeking or has received any
benefit or service related to a legal abortion.
(3) SINGLE-SEX SCHOOLS, CLASSES, OR ACTIVI-
TIES.—With respect to discrimination on the basis
of sex, nothing in subsection (a) shall be construed
to prevent a parent from choosing, or an eligible in-
stitution from offering, a single-sex school, class, or
activity.
(c) 
REVOCATION.—Notwithstanding 
section
202(f)(2)(D), if the Corporation determines that an eligi-
ble institution participating in the scholarship program
under this title is in violation of subsection (a), then the
Corporation shall revoke such eligible institution’s certifi-
cation to participate in the program.
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SEC. 207. CHILDREN WITH DISABILITIES.
Nothing in this title shall affect the rights of stu-
dents, or the obligations of the District of Columbia public
schools, under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.).
SEC. 208. RULE OF CONSTRUCTION.
(a) IN GENERAL.—Nothing in this title shall be con-
strued to prevent any eligible institution which is operated
by, supervised by, controlled by, or connected to, a reli-
gious organization from employing, admitting, or giving
preference to, persons of the same religion to the extent
determined by such institution to promote the religious
purpose for which the eligible institution is established or
maintained.
(b) SECTARIAN PURPOSES.—Nothing in this title
shall be construed to prohibit the use of funds made avail-
able under this title for sectarian educational purposes,
or to require an eligible institution to remove religious art,
icons, scripture, or other symbols.
SEC. 209. REPORTING REQUIREMENTS.
(a) IN GENERAL.—An eligible institution participat-
ing in the scholarship program under this title shall report
to the Corporation not later than July 30 of each year
in a manner prescribed by the Corporation, the following
data:
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(1) Student achievement in the eligible institu-
tion’s programs.
(2) Grade advancement for scholarship stu-
dents.
(3) Disciplinary actions taken with respect to
scholarship students.
(4) Graduation, college admission test scores,
and college admission rates, if applicable for scholar-
ship students.
(5) Types and amounts of parental involvement
required for all families of scholarship students.
(6) Student attendance for scholarship and
nonscholarship students.
(7) General information on curriculum, pro-
grams, facilities, credentials of personnel, and dis-
ciplinary rules at the eligible institution.
(8) Number of scholarship students enrolled.
(9) Such other information as may be required
by the Corporation for program appraisal.
(b) CONFIDENTIALITY.—No personal identifiers may
be used in such report, except that the Corporation may
request such personal identifiers solely for the purpose of
verification.
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SEC. 210. PROGRAM APPRAISAL.
(a) STUDY.—Not later than 4 years after the date
of enactment of this Act, the Comptroller General shall
enter into a contract, with an evaluating agency that has
demonstrated experience in conducting evaluations, for an
independent evaluation of the scholarship program under
this title, including—
(1) a comparison of test scores between scholar-
ship students and District of Columbia public school
students of similar backgrounds, taking into account
the students’ academic achievement at the time of
the award of their scholarships and the students’
family income level;
(2) a comparison of graduation rates between
scholarship students and District of Columbia public
school students of similar backgrounds, taking into
account the students’ academic achievement at the
time of the award of their scholarships and the stu-
dents’ family income level;
(3) the satisfaction of parents of scholarship
students with the scholarship program; and
(4) the impact of the scholarship program on
the District of Columbia public schools, including
changes in the public school enrollment, and any im-
provement in the academic performance of the public
schools.
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(b) PUBLIC REVIEW OF DATA.—All data gathered in
the course of the study described in subsection (a) shall
be made available to the public upon request except that
no personal identifiers shall be made public.
(c) REPORT TO CONGRESS.—Not later than Septem-
ber 1 of each year, the Corporation shall submit a progress
report on the scholarship program to the appropriate com-
mittees of Congress. Such report shall include a review
of how scholarship funds were expended, including the ini-
tial academic achievement levels of students who have par-
ticipated in the scholarship program.
(d) AUTHORIZATION.—There are authorized to be ap-
propriated for the study described in subsection (a),
$250,000, which shall remain available until expended.
SEC. 211. JUDICIAL REVIEW.
(a) JURISDICTION.—
(1) IN GENERAL.—The United States District
Court for the District of Columbia shall have juris-
diction in any action challenging the constitutional-
ity of the scholarship program under this title and
shall provide expedited review.
(2) STANDING.—The parent of any student eli-
gible to receive a scholarship under this title shall
have standing in an action challenging the constitu-
tionality of the scholarship program under this title.
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(b) APPEAL TO SUPREME COURT.—Notwithstanding
any other provision of law, any order of the United States
District Court for the District of Columbia which is issued
pursuant to an action brought under subsection (a) shall
be reviewable by appeal directly to the Supreme Court of
the United States.
SEC. 212. EFFECTIVE DATE.
This title shall be effective for each of the fiscal years
1999 through 2003.
SEC. 213. APPROPRIATION OF INITIAL FEDERAL CON-
TRIBUTION TO FUND.
There are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, $5,400,000 for
the District of Columbia Scholarship Fund.
This Act may be cited as the ‘‘District of Columbia
Appropriations Act, 1999’’.
Passed the House of Representatives August 7 (leg-
islative day, August 6), 1998.
Attest:
Clerk.