schools identified for improvement, corrective action, or
restructuring under section 1116 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316), with
expanded opportunities for enrolling their children in high-
er-performing schools in the District of Columbia.
SEC. 404. GENERAL AUTHORITY.
(a) AUTHORITY.—From funds appropriated to carry
out this title, the Secretary shall award grants on a com-
petitive basis to eligible entities with approved applications
under section 405 to carry out activities to provide eligible
students with expanded school choice opportunities. The
Secretary may award a single grant or multiple grants,
depending on the quality of applications submitted and the
priorities of this title.
(b) DURATION
OF GRANTS.—The Secretary may
make grants under this section for a period of not more
than 5 years.
SEC. 405. APPLICATIONS.
(a) IN GENERAL.—In order to receive a grant under
this title, an eligible entity shall submit an application to
the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may require.
(b) CONTENTS.—The Secretary may not approve the
request of an eligible entity for a grant under this title
unless the entity’s application includes—
(1) a detailed description of—
(A) how the entity will address the prior-
ities described in section 406;
(B) how the entity will ensure that if more
eligible students seek admission in the program
than the program can accommodate, eligible
students are selected for admission through a
random selection process which gives weight to
the priorities described in section 406;
(C) how the entity will ensure that if more
participating eligible students seek admission to
a participating school than the school can ac-
commodate, participating eligible students are
selected for admission through a random selec-
tion process;
(D) how the entity will notify parents of el-
igible students of the expanded choice opportu-
nities;
(E) the activities that the entity will carry
out to provide parents of eligible students with
expanded choice opportunities through the
awarding of scholarships under section 407(a);
(F) how the entity will determine the
amount that will be provided to parents for the
tuition, fees, and transportation expenses, if
any;
(G) how the entity will seek out private el-
ementary and secondary schools in the District
of Columbia to participate in the program, and
will ensure that participating schools will meet
the applicable requirements of this title and
provide the information needed for the entity to
meet the reporting requirements of this title;
(H) how the entity will ensure that partici-
pating schools are financially responsible;
(I) how the entity will address the renewal
of scholarships to participating eligible stu-
dents, including continued eligibility; and
(J) how the entity will ensure that a ma-
jority of its voting board members or governing
organization are residents of the District of Co-
lumbia; and
(2) an assurance that the entity will comply
with all requests regarding any evaluation carried
out under section 409.
SEC. 406. PRIORITIES.
In awarding grants under this title, the Secretary
shall give priority to applications from eligible entities who
will most effectively—
(1) give priority to eligible students who, in the
school year preceding the school year for which the
eligible student is seeking a scholarship, attended an
elementary or secondary school identified for im-
provement, corrective action, or restructuring under
section 1116 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6316);
(2) target resources to students and families
that lack the financial resources to take advantage
of available educational options;
(3) provide students and families with the
widest range of educational options; and
(4) serve students of varying ages and grade
levels.
SEC. 407. USE OF FUNDS.
(a) SCHOLARSHIPS.—
(1) IN
GENERAL.—Subject to paragraph (2)
and (3), a grantee shall use the grant funds to pro-
vide eligible students with scholarships to pay the
tuition, fees, and transportation expenses, if any, to
enable them to attend the District of Columbia pri-
vate elementary or secondary school of their choice.
Each grantee shall ensure that the amount of any
tuition or fees charged by a school participating in
the grantee’s program under this title to an eligible
student participating in the program does not exceed
the amount of tuition or fees that the school custom-
arily charges to students who do not participate in
the program.
(2) PAYMENTS TO PARENTS.—A grantee shall
make scholarship payments under the program
under this title to the parent of the eligible student
participating in the program, in a manner which en-
sures that such payments will be used for the pay-
ment of tuition, fees, and transportation expenses (if
any), in accordance with this title.
(3) AMOUNT OF ASSISTANCE.—
(A) VARYING AMOUNTS PERMITTED.—Sub-
ject to the other requirements of this section, a
grantee may award scholarships in larger
amounts to those eligible students with the
greatest need.
(B) ANNUAL
LIMIT
ON
AMOUNT.—The
amount of assistance provided to any eligible
student by a grantee under a program under
this title may not exceed $7,500 for any aca-
demic year.
(b) ADMINISTRATIVE EXPENSES.—A grantee may
use not more than 3 percent of the amount provided under
the grant each year for the administrative expenses of car-
rying out its program under this title during the year,
including—
(1) determining the eligibility of students to
participate;
(2) providing information about the program
and the schools involved to parents of eligible stu-
dents;
(3) selecting students to receive scholarships;
(4) determining the amount of scholarships and
issuing them to eligible students;
(5) compiling and maintaining financial and
programmatic records; and
(6) providing funds to assist parents in meeting
expenses that might otherwise preclude the partici-
pation of their child in the program.
SEC. 408. NONDISCRIMINATION.
(a) IN GENERAL.—A school participating in any pro-
gram under this title shall not discriminate on the basis
of race, color, national origin, or sex in participating in
the program.
(b) APPLICABILITY AND CONSTRUCTION WITH RE-
SPECT TO DISCRIMINATION ON THE BASIS OF SEX.—
(1) 
APPLICABILITY.—Notwithstanding 
sub-
section (a) or any other provision of law, it shall not
be considered discrimination on the basis of sex for
a school that is operated by, supervised by, con-
trolled by, or connected to a religious organization to
take sex into account to the extent that failing to do
so would be inconsistent with the religious tenets or
beliefs of the school.
(2) SINGLE-SEX SCHOOLS, CLASSES, OR ACTIVI-
TIES.—Notwithstanding subsection (a) or any other
provision of law, a parent may choose and a school
may offer a single-sex school, class, or activity.
(3) 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 services related to a legal abortion.
(c) CHILDREN WITH DISABILITIES.—Nothing in this
title may be construed to alter or modify the provisions
of the Individuals with Disabilities Education Act.
(d) RELIGIOUSLY AFFILIATED SCHOOLS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, a school participating in any pro-
gram under this title which is operated by, super-
vised by, controlled by, or connected to, a religious
organization may employ persons of the same reli-
gion to the extent determined by that school to pro-
mote the religious purpose for which the school is es-
tablished or maintained.
(2) RELIGIOUS
PURPOSES.—Notwithstanding
any other provision of law, funds made available
under this title may be used for religious educational
purposes, and no participating school shall be re-
quired to remove religious art, icons, scriptures, or
other symbols. A participating school may retain re-
ligious terms in its name, select its board members
on a religious basis, and include religious references
in its mission statements and other chartering or
governing documents.
(e) RULE OF CONSTRUCTION.—A scholarship (or any
other form of support provided to parents of eligible stu-
dents) under this title shall be considered assistance to
the student and shall not be considered assistance to the
school that enrolls the eligible student. The amount of any
scholarship (or other form of support provided to parents
of an eligible student) under this title shall not be treated
as income of the parents for purposes of Federal tax laws
or for determining eligibility for any other Federal pro-
gram.
SEC. 409. EVALUATIONS.
(a) IN GENERAL.—
(1) DUTIES
OF
SECRETARY.—The Secretary
shall—
(A) conduct an evaluation using the
strongest possible research design for deter-
mining the effectiveness of the programs funded
under this title that addresses the issues de-
scribed in paragraph (2); and
(B) disseminate information on the impact
of the programs in increasing the student aca-
demic achievement of participating students, as
well as other appropriate measures of student
success, and on the impact of the programs on
students and schools in the District of Colum-
bia.
(2) ISSUES TO BE EVALUATED.—The issues de-
scribed in this paragraph include the following:
(A) A comparison of the academic achieve-
ment of students who participate in the pro-
grams funded under this title with the academic
achievement of students of similar backgrounds
who do not participate in such programs.
(B) The success of the programs in ex-
panding choice options for parents.
(C) The reasons parents choose for their
children to participate in the programs.
(D) A comparison of the retention rates,
dropout rates, and (if appropriate) graduation
and college admission rates of students who
participate in the programs funded under this
title with the retention rates, dropout rates, and
(if appropriate) graduation and college admis-
sion rates of students of similar backgrounds
who do not participate in such programs.
(E) The impact of the program on stu-
dents and public elementary and secondary
schools in the District of Columbia.
(F) A comparison of the safety of the
schools attended by students who participate in
the programs and the schools attended by stu-
dents who do not participate in the programs.
(G) Such other issues as the Secretary
considers appropriate for inclusion in the eval-
uation.
(b) REPORTS.—The Secretary shall submit to the
Committees on Appropriations, Education and the Work-
force, and Government Reform of the House of Represent-
atives and the Committees on Appropriations, Health,
Education, Labor, and Pensions, and Governmental Af-
fairs of the Senate—
(1) annual interim reports not later than De-
cember 1 of each year for which a grant is made
under this title on the progress and preliminary re-
sults of the evaluation of the programs funded under
this title; and
(2) a final report not later than 1 year after the
final year for which a grant is made under this title
on the results of the evaluation of the programs
funded under this title.
(c) PUBLIC AVAILABILITY.—All reports and under-
lying data gathered pursuant to this section shall be made
available to the public upon request, in a timely manner
following submission of the applicable report under sub-
section (b), except that personally identifiable information
shall not be disclosed or made available to the public.
(d) LIMIT ON AMOUNT EXPENDED.—The amount ex-
pended by the Secretary to carry out this section for any
fiscal year may not exceed 3 percent of the total amount
appropriated to carry out this title for the fiscal year.
SEC. 410. REPORTING REQUIREMENTS.
(a) ACTIVITIES REPORTS.—Each grantee receiving
funds under this title during a year shall submit a report
to the Secretary not later than July 30 of the following
year regarding the activities carried out with the funds
during the preceding year.
(b) ACHIEVEMENT REPORTS.—
(1) IN GENERAL.—In addition to the reports
required under subsection (a), each grantee shall,
not later than September 1 of the year during which
the second academic year of the grantee’s program
is completed and each of the next 2 years thereafter,
submit a report to the Secretary regarding the data
collected 
in 
the 
previous 
academic 
years
concerning—
(A) the academic achievement of students
participating in the program;
(B) the graduation and college admission
rates of students who participate in the pro-
gram, where appropriate; and
(C) parental satisfaction with the program.
(2) PROHIBITING
DISCLOSURE
OF
PERSONAL
INFORMATION.—No report under this subsection
may contain any personally identifiable information.
(c) REPORTS TO PARENT.—
of Representatives and the Committees on Appropriations,
Health, Education, Labor, and Pensions, and Govern-
mental Affairs of the Senate an annual report on the find-
ings of the reports submitted under subsections (a) and
(b).
SEC. 411. OTHER REQUIREMENTS FOR PARTICIPATING
SCHOOLS.
(a) ADMISSION
OF
ELIGIBLE
STUDENTS.—Each
school choosing to participate in a program funded under
this title shall accept any participating eligible student on
a religious-neutral basis, except that if the school has more
participating eligible students seeking admission than it
can accommodate, the school shall accept participating eli-
gible students through a religious-neutral, random selec-
tion process, consistent with section 405(b)(1)(C).
(b) REQUESTS FOR DATA AND INFORMATION.—Each
school participating in a program funded under this title
shall comply with all requests for data and information
regarding evaluations conducted under section 409(a).
(c) RULES OF CONDUCT AND OTHER SCHOOL POLI-
CIES.—Subject to section 408, a participating school may
require eligible students to abide by any rules of conduct
and other requirements applicable to all other students at
the school.
SEC. 412. DEFINITIONS.
As used in this title:
(1) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given that term in sec-
tion 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801).
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any of the following:
(A) An educational entity of the District of
Columbia Government.
(B) A nonprofit organization.
(C) A consortium of nonprofit organiza-
tions.
(3) ELIGIBLE
STUDENT.—The term ‘‘eligible
student’’ means a student who is a resident of the
District of Columbia and who comes from a house-
hold whose income does not exceed 185 percent of
the poverty line applicable to a family of the size in-
volved.
(4) PARENT.—The term ‘‘parent’’ has the
meaning given that term in section 9101 of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(5) POVERTY LINE.—The term ‘‘poverty line’’
has the meaning given that term in section 9101 of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(6) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given that term in
section 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801).
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
SEC. 413. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this title $10,000,000 for fiscal year 2004 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
This Act may be cited as the ‘‘District of Columbia
Appropriations Act, 2004’’.
Passed the House of Representatives September 9,
2003.
Attest:
Clerk.
108TH CONGRESS
1ST SESSION
H. R. 2765
AN ACT
Making appropriations for the government of the
District of Columbia and other activities charge-
able in whole or in part against the revenues of
said District for the fiscal year ending September
30, 2004, and for other purposes.