administering entity for the administrative expenses asso-
ciated with the program under this Act. 
SEC. 4. UNIVERSAL EDUCATIONAL CHOICE FOR DISTRICT 
OF COLUMBIA STUDENTS. 
(a) BASIC ELEMENTS
OF PARENTAL CHOICE
IN 
EDUCATION.— 
(1) EDUCATIONAL
CHOICE.—Except as pro-
vided in paragraph (6), the parent of any eligible 
child may enter into an agreement under paragraph 
(2)(B) with the administering entity for any year 
during which the eligible child will be in a grade for 
which the District of Columbia provides free public 
education. 
(2) PROVISION
OF
EDUCATION
SAVINGS
AC-
COUNTS.— 
(A) IN
GENERAL.—Beginning with the 
2019–2020 school year, the administering enti-
ty shall provide, to each eligible child whose 
parent enters into or renews an agreement de-
scribed in subparagraph (B) with the admin-
istering entity for the school year, an education 
savings account described in paragraph (3), 
into which scholarship amounts for the year 
shall be deposited in accordance with paragraph 
(4). 
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(B) AGREEMENT.—The agreement re-
quired under this subparagraph shall be in a 
manner and on a form determined by the ad-
ministering entity and shall provide that— 
(i) the eligible child will receive an 
education savings account described in 
paragraph (3) and the administering entity 
will deposit a scholarship into the account 
for each year that the agreement is in ef-
fect, in accordance with paragraph (4); 
(ii) the eligible child may be educated 
pursuant to any of the methods described 
in subparagraphs (A) through (G) of sub-
section (c)(1); 
(iii) the parent shall direct the use of 
the funds provided in the education savings 
account for educational expenses described 
in subsection (c), and the administering 
entity shall distribute such funds in ac-
cordance with paragraph (3)(B); 
(iv) the parent agrees to the terms 
and conditions of the education savings ac-
count, including any participation nec-
essary for the accountability activities re-
quired under subsection (d)(3); and 
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(v) with respect to an eligible child 
who is a child with a disability (as defined 
in section 602 of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1401)), 
the parent agrees that participation in the 
program under this section shall have the 
same effect as parental placement of child 
under section 612(a)(10)(A) of such Act 
(20 U.S.C. 1412(a)(10)(A)). 
(3) EDUCATION SAVINGS ACCOUNT.—An edu-
cation savings account described in this paragraph 
means a parent-controlled account, established exclu-
sively for the purpose of paying for the educational 
expenses described in subsection (c) for an eligible 
child who is the designated beneficiary of the ac-
count, that meets the following requirements: 
(A) No funds shall be deposited into the 
account unless the funds are— 
(i) a disbursement of an annual schol-
arship from the administering entity as 
provided under paragraph (2)(A); or 
(ii) a deposit of opportunity scholar-
ship funds, in accordance with section 
3007(a)(2) of the Scholarships for Oppor-
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tunity 
and 
Results 
Act 
(sec. 
38– 
1853.07(a)(2), D.C. Official Code). 
(B) The funds in the account shall be dis-
tributed by the administering entity on behalf 
of the eligible child to 1 or more participating 
providers, upon direction by the parent, at the 
appropriate time. 
(C) Except as provided in subparagraph 
(D), any amount in the account that is attrib-
utable to a deposit provided under paragraph 
(2)(A) or a deposit of any opportunity scholar-
ship funds awarded under section 3007 of the 
Scholarships for Opportunity and Results Act 
(sec. 38–1853.07, D.C. Official Code) may be 
paid or distributed out of the account only for 
the purpose of paying education expenses de-
scribed in subsection (c) for the eligible child. 
(D) Any balance remaining in the account 
shall be returned to the Chief Financial Officer 
on the last day of the period covered by an 
agreement described in paragraph (2)(B) if— 
(i) such agreement is broken or ended 
by the parent during the agreement period; 
(ii) the parent of the eligible child 
does not renew the agreement for the eligi-
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ble child for the immediately succeeding 
academic year; 
(iii) during the most recent year of 
the agreement, the parents do not use any 
funds in the account for eligible expenses 
described in subsection (c); or 
(iv) the child no longer qualifies as an 
eligible child. 
(4) AMOUNT OF SCHOLARSHIP AND TRANSFER 
OF FUNDS.— 
(A) TRANSFER OF FUNDS.—By not later 
than August 1 of each school year— 
(i) the administering entity shall no-
tify the Chief Financial Officer of the total 
amount calculated under subparagraph (B) 
to be provided under this Act for scholar-
ships to eligible children for such school 
year; and 
(ii) the Chief Financial Officer shall 
transfer such amount, from any funds or 
revenues available to the District of Co-
lumbia, to the administering entity to en-
able the administering entity to pay for the 
scholarships and the administration ex-
penses for the full fiscal year, in accord-
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ance with subparagraphs (B) and (D) and 
section 3(d). 
(B) AMOUNT.—The total amount provided 
under this section for a full-year scholarship on 
behalf of an eligible child shall equal— 
(i) in the case of an eligible child from 
a family with an income of not more than 
185 percent of the poverty level described 
in subparagraph (C) or an eligible child 
who is a child with a disability, as defined 
in section 602 of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1401), 
90 percent of the funds that would other-
wise be allocated by the District of Colum-
bia Public Schools for such child, as deter-
mined by the uniform per student funding 
formula defined in the District of Colum-
bia School Reform Act of 1995 (sec. 38– 
804.01, D.C. Official Code); 
(ii) in the case of an eligible child 
from a family with an income of more than 
185 percent, and not more than 300 per-
cent, of such poverty level, 85 percent of 
the funds that would otherwise be allocated 
by the District of Columbia Public Schools 
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for such child as determined by such uni-
form per student funding formula; and 
(iii) in the case of an eligible child 
from a family with an income that equals 
or exceeds 300 percent of such poverty 
level, 80 percent of the funds that would 
otherwise be allocated by the District of 
Columbia Public Schools for such child as 
determined by such uniform per student 
funding formula. 
(C) CALCULATION OF POVERTY LEVEL.— 
In determining the poverty level for purposes of 
this paragraph, the administering entity shall 
use the criteria of poverty used by the Bureau 
of the Census in compiling the most recent de-
cennial census, as the criteria have been up-
dated by increases in the Consumer Price Index 
for All Urban Consumers, published by the Bu-
reau of Labor Statistics. 
(D) 
QUARTERLY
DISBURSEMENT.—The 
administering entity shall distribute the amount 
of a scholarship provided under this section to 
an eligible child whose parent has entered into 
an agreement under paragraph (2)(B) into the 
eligible child’s education savings account, which 
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may be through 4 equal quarterly deposits or 
any other distribution schedule determined ap-
propriate by the administering entity. 
(5) OWNERSHIP OF THE EDUCATION SAVINGS 
ACCOUNT.—An education savings account estab-
lished for an eligible child under this Act, and any 
funds deposited within the education savings ac-
count, shall belong to the eligible child. Funds avail-
able in the education savings account shall be used 
as directed by a parent of the eligible child, on be-
half of the child, for education expenses described in 
subsection (c). 
(6) INTERACTION WITH OPPORTUNITY SCHOL-
ARSHIPS.—Notwithstanding paragraph (2)(A) or 
any other provision of this Act, a child who receives 
an opportunity scholarship under section 3007 of the 
Scholarships for Opportunity and Results Act (sec. 
38–1853.07, D.C. Official Code) for a school year 
shall not be eligible for a scholarship under this Act 
for the same school year. Upon the request of any 
parent of an eligible child who receives an oppor-
tunity scholarship and the completion of an agree-
ment described in paragraph (2)(B), the Secretary 
shall establish an education savings account de-
scribed in paragraph (3) for the child, in order for 
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the parent to deposit any amount of an opportunity 
scholarship under section 3007 of the Scholarships 
for Opportunity and Results Act (sec. 38–1853.07, 
D.C. Official Code) into the education savings ac-
count. 
(b) CONTINUED AVAILABILITY OF FUNDS.—Any bal-
ance in an educational savings account established for an 
eligible child under this section that is not used during 
an academic year shall remain available in the education 
savings account of the eligible child for future education 
expenses described in subsection (c), as long as an agree-
ment described in subsection (a)(2)(B) remains in effect 
for the eligible child. 
(c) ELIGIBLE EDUCATION EXPENSES.— 
(1) IN GENERAL.—Funds available in an edu-
cation savings account established under this section 
for an eligible child shall only be used on behalf of 
such child for 1 or more of the following educational 
purposes: 
(A) The costs of tuition and fees at a non-
public school, or distance education, provided 
through a participating provider. 
(B) Tutoring services offered by a partici-
pating provider. 
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(C) The costs of curricula or online 
courses, or virtual learning environments, in-
cluding any supplemental materials, textbooks, 
or supplies necessary to administer the cur-
riculum or to complete the course, offered by a 
participating provider or purchased for self- 
study. 
(D) Fees for any special education or re-
lated services provided through a participating 
provider. 
(E) The costs of tuition and fees required 
to 
complete 
individual 
courses 
or 
extra-
curricular activities at a public school, including 
a charter school, within the District of Colum-
bia. 
(F) The costs of tuition and fees required 
to complete any dual credit courses, which are 
courses that qualify for both secondary and 
postsecondary education credit, from a partici-
pating provider in the District of Columbia. 
(G) The costs of a career and technical 
education course offered by a participating pro-
vider. 
(H) Fees for any— 
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(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. 
(I) Transportation required for the eligible 
child to travel to and from a participating pro-
vider, except that not more than $2,000 per 
year from the education savings account may be 
used for this purpose. 
(J) 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. 
(K) Any other education expenses ap-
proved and determined by the administering en-
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tity to be similar to the expenses described in 
subparagraphs (A) through (J). 
(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 2018–2019, and each year there-
after, the administering entity shall ensure that 
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all eligible children, and their parents, are in-
formed of the schools participating in the pro-
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) UPDATED INFORMATION REGARDING EDU-
CATIONAL
EXPENSES.—The administering entity 
shall timely notify parents of eligible children of any 
categories that the entity has determined are edu-
cational expenses under subsection (c)(1)(K) by pro-
viding notification through the parent handbook, 
program website, or other primary method used by 
the administering entity to educate parents about 
the program. 
(4) 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— 
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(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; 
(D) providing a process through which— 
(i) parents whose expenses have been 
denied may ask the administering entity 
review and reverse the denial; and 
(ii) the administering entity shall con-
duct a review and respond to the parental 
request to reverse the denial within 30 
days; and 
(E) if appropriate, referring parents or 
participating providers found to be using edu-
cation savings account funds for unlawful pur-
poses for criminal prosecution. 
(5) 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 
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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-
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 
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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. 
(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 
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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 
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 
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