certification is revoked in accordance with subsection
(d).
(c) NEW ELIGIBLE INSTITUTION.—
(1) IN GENERAL.—An eligible institution that
did not operate with at least 25 students in the 3
years preceding the year for which the determination
is made may apply for a 1-year provisional certifi-
cation to participate in the scholarship program
under this Act for a single year by providing to the
Corporation not later than July 1 of the year pre-
ceding the year for which the determination is
made—
(A) a list of the eligible institution’s board
of directors;
(B) letters of support from not less than
10 members of the community served by such
eligible institution;
(C) a business plan;
(D) an intended course of study;
(E) assurances that the eligible institution
will begin operations with not less than 25
students;
(F) assurances that the eligible institution
will comply with all applicable requirements of
this Act; and
(G) a statement that satisfies the require-
ments of paragraphs (2) and (4) of subsection
(a).
(2) CERTIFICATION.—Not later than 60 days
after the date of receipt of an application described
in paragraph (1), the Corporation shall certify in
writing the eligible institution’s provisional certifi-
cation to participate in the scholarship program
under this Act unless the Corporation determines
that good cause exists to deny certification.
(3) 
RENEWAL
OF
PROVISIONAL
CERTIFI-
CATION.—After receipt of an application under para-
graph (1) from an eligible institution that includes
a statement of the eligible institution’s budget com-
pleted not earlier than 12 months before the date
such application is filed, the Corporation shall renew
an eligible institution’s provisional certification for
the second and third years of the school’s participa-
tion in the scholarship program under this Act un-
less the Corporation finds—
(A) good cause to deny the renewal, includ-
ing a finding of a pattern of violation of re-
quirements described in section 7(a); or
(B) consistent failure of 25 percent or
more of the students receiving scholarships
under this Act and attending such school to
make appropriate progress (as determined by
the Corporation) in academic achievement.
(4) DENIAL OF CERTIFICATION.—If provisional
certification or renewal of provisional certification
under this subsection is denied, then the Corporation
shall provide a written explanation to the eligible in-
stitution of the reasons for such denial.
(d) REVOCATION OF ELIGIBILITY.—
(1) IN GENERAL.—The Corporation, after no-
tice and hearing, may revoke an eligible institution’s
certification to participate in the scholarship pro-
gram under this Act for a year succeeding the year
for which the determination is made for—
(A) good cause, including a finding of a
pattern of violation of program requirements
described in section 7(a); or
(B) consistent failure of 25 percent or
more of the students receiving scholarships
under this Act and attending such school to
make appropriate progress (as determined by
the Corporation) in academic achievement.
(2) EXPLANATION.—If the certification of an
eligible institution is revoked, the Corporation shall
provide a written explanation of its decision to such
eligible institution and require a pro rata refund of
the payments received under this Act.
SEC. 7. PARTICIPATION REQUIREMENTS FOR ELIGIBLE
INSTITUTIONS.
(a) REQUIREMENTS.—Each eligible institution par-
ticipating in the scholarship program under this Act
shall—
(1) provide to the Corporation not later than
June 30 of each year the most recent annual state-
ment of the eligible institution’s budget; and
(2) charge a student that receives a scholarship
under this Act not more than the cost of tuition and
mandatory fees for, and transportation to attend,
such eligible institution as other students who are
residents of the District of Columbia and enrolled in
such eligible institution.
(b) COMPLIANCE.—The Corporation may require
documentation of compliance with the requirements of
subsection (a), but neither the Corporation nor any gov-
ernmental entity may impose additional requirements
upon an eligible institution as a condition of participation
in the scholarship program under this Act.
SEC. 8. CIVIL RIGHTS.
(a) IN GENERAL.—An eligible institution participat-
ing in the scholarship program under this Act shall comply
with title IV of the Civil Rights Act of 1964 and not dis-
criminate on the basis of race, color, or national origin.
(b) REVOCATION.—Notwithstanding section 7(b), if
the Secretary of Education determines that an eligible in-
stitution participating in the scholarship program under
this Act is in violation of any of the laws listed in sub-
section (a), then the Corporation shall revoke such eligible
institution’s certification to participate in the program.
SEC. 9. CHILDREN WITH DISABILITIES.
Nothing in this Act shall affect the rights of students,
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. 10. SCHOLARSHIP PAYMENTS.
(a) IN GENERAL.—
(1) PROPORTIONAL
PAYMENT.—The Corpora-
tion shall make scholarship payments to participat-
ing eligible institutions for an academic year in 2 in-
stallments. The Corporation shall make the first
payment not later than October 15 of the academic
year in an amount equal to one-half the total
amount of the scholarship assistance awarded to stu-
dents enrolled at such institution for the academic
year. The Corporation shall make the second pay-
ment not later than January 15 of the academic
year in an amount equal to one-half of such total
amount.
(2) 
PRO
RATA
AMOUNTS
FOR
STUDENT
WITHDRAWAL.—
(A) BEFORE PAYMENT.—If a student re-
ceiving a scholarship withdraws or is expelled
from an eligible institution before a scholarship
payment is made, the eligible institution shall
receive a pro rata payment based on the
amount of the scholarship and the number of
days the student was enrolled in the eligible
institution.
(B) AFTER PAYMENT.—If a student receiv-
ing a scholarship withdraws or is expelled after
a scholarship payment is made, the eligible in-
stitution shall refund to the Corporation on a
pro rata basis the proportion of any scholarship
payment 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.
(b) FUND TRANSFERS.—The Corporation shall make
scholarship payments to participating eligible institutions
by electronic funds transfer. If such an arrangement is
not available, then the eligible institution shall submit an
alternative payment proposal to the Corporation for
approval.
SEC. 11. APPLICATION SCHEDULE AND PROCEDURES.
The Corporation shall implement a schedule and pro-
cedures for processing applications for awarding student
scholarships under this Act that includes a list of certified
eligible institutions, distribution of information to parents
and the general public (including through a newspaper of
general circulation), and deadlines for steps in the scholar-
ship application and award process.
SEC. 12. REPORTING REQUIREMENTS.
(a) IN GENERAL.—An eligible institution participat-
ing in the scholarship program under this Act shall report
not later than July 30 of each year in a manner prescribed
by the Corporation, the following data:
(1) Student achievement in the eligible institu-
tion’s programs.
(2) 
Grade 
advancement 
for 
scholarship
students.
(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.
SEC. 13. 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 Act, 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.
(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. 14. JUDICIAL REVIEW.
(a) IN GENERAL.—The United States District Court
for the District of Columbia shall have jurisdiction in any
action challenging the scholarship program under this Act
and shall provide expedited review.
(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.
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