[House Report 112-36]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-36
======================================================================
SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT
_______
March 17, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Issa, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 471]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 471) to reauthorize the DC
opportunity scholarship program, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 10
Section-by-Section............................................... 11
Explanation of Amendments........................................ 16
Committee Consideration.......................................... 16
Rollcall Votes................................................... 17
Application of Law to the Legislative Branch..................... 19
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 19
Statement of General Performance Goals and Objectives............ 19
Federal Advisory Committee Act................................... 19
Unfunded Mandate Statement....................................... 19
Earmark Identification........................................... 19
Committee Estimate............................................... 19
Budget Authority and Congressional Budget Office Cost Estimate... 20
Changes in Existing Law Made by the Bill as Reported............. 21
Minority Views................................................... 30
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scholarships for Opportunity and
Results Act'' or the ``SOAR Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Parents are best equipped to make decisions for their
children, including the educational setting that will best
serve the interests and educational needs of their child.
(2) For many parents in the District of Columbia, public
school choice provided under the Elementary and Secondary
Education Act of 1965, as well as under other public school
choice programs, is inadequate. More educational options are
needed to ensure all families in the District of Columbia have
access to a quality education. In particular, funds are needed
to provide low-income parents with enhanced public
opportunities and private educational environments, regardless
of whether such environments are secular or nonsecular.
(3) While the per student cost for students in the public
schools of the District of Columbia is one of the highest in
the United States, test scores for such students continue to be
among the lowest in the Nation. The National Assessment of
Educational Progress (NAEP), an annual report released by the
National Center for Education Statistics, reported in its 2009
study that students in the District of Columbia were being
outperformed by every State in the Nation. On the 2009 NAEP, 56
percent of fourth grade students scored ``below basic'' in
reading, and 44 percent scored ``below basic'' in mathematics.
Among eighth grade students, 49 percent scored ``below basic''
in reading and 60 percent scored ``below basic'' in
mathematics. On the 2009 NAEP reading assessment, only 17
percent of the District of Columbia fourth grade students could
read proficiently, while only 13 percent of the eighth grade
students scored at the proficient or advanced level.
(4) In 2003, Congress passed the DC School Choice Incentive
Act of 2003 (Public Law 108-199; 118 Stat. 126), to provide
opportunity scholarships to parents of students in the District
of Columbia to enable them to pursue a high-quality education
at a public or private elementary or secondary school of their
choice. The DC Opportunity Scholarship Program (DC OSP) under
such Act was part of a comprehensive 3-part funding arrangement
that also included additional funds for the District of
Columbia public schools, and additional funds for public
charter schools of the District of Columbia. The intent of the
approach was to ensure that progress would continue to be made
to improve public schools and public charter schools, and that
funding for the opportunity scholarship program would not lead
to a reduction in funding for the District of Columbia public
and charter schools. Resources would be available for a variety
of educational options that would give families in the District
of Columbia a range of choices with regard to the education of
their children.
(5) The DC OSP was established in accordance with the Supreme
Court decision, Zelman v. Simmons-Harris, 536 U.S. 639 (2002),
which found that a program enacted for the valid secular
purpose of providing educational assistance to low-income
children in a demonstrably failing public school system is
constitutional if it is neutral with respect to religion and
provides assistance to a broad class of citizens who direct
government aid to religious and secular schools solely as a
result of their genuine and independent private choices.
(6) Since the inception of the DC OSP, it has consistently
been oversubscribed. Parents express strong support for the
opportunity scholarship program. Rigorous studies of the
program by the Institute of Education Sciences have shown
significant improvements in parental satisfaction and in
reading scores that are more dramatic when only those students
consistently using the scholarships are considered. The program
also was found to result in significantly higher graduation
rates for DC OSP students.
(7) The DC OSP is a program that offers families in need, in
the District of Columbia, important alternatives while public
schools are improved. This program should be reauthorized as 1
of a 3-part comprehensive funding strategy for the District of
Columbia school system that provides new and equal funding for
public schools, public charter schools, and opportunity
scholarships for students to attend private schools.
SEC. 3. PURPOSE.
The purpose of this Act is to provide low-income parents residing in
the District of Columbia, particularly parents of students who attend
elementary schools or secondary 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 other schools in
the District of Columbia, at least until the public schools in the
District of Columbia have adequately addressed shortfalls in health,
safety, and security, and the students in the District of Columbia
public schools are testing in mathematics and reading at or above the
national average.
SEC. 4. GENERAL AUTHORITY.
(a) Opportunity Scholarships.--
(1) In general.--From funds appropriated under section
14(a)(1), the Secretary shall award grants on a competitive
basis to eligible entities with approved applications under
section 5 to carry out a program 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
Act.
(2) Duration of grants.--The Secretary may make grants under
this subsection for a period of not more than 5 years.
(b) DC Public Schools and Charter Schools.--From funds appropriated
under paragraphs (2) and (3) of section 14(a), the Secretary shall
provide funds to the Mayor of the District of Columbia, if the Mayor
agrees to the requirements described in section 11(a), for--
(1) the District of Columbia public schools to improve public
education in the District of Columbia; and
(2) the District of Columbia public charter schools to
improve and expand quality public charter schools in the
District of Columbia.
SEC. 5. APPLICATIONS.
(a) In General.--In order to receive a grant under section 4(a), an
eligible entity shall submit an application to the Secretary at such
time, in such manner, and accompanied 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 section 4(a) unless the entity's
application includes--
(1) a detailed description of--
(A) how the entity will address the priorities
described in section 6;
(B) how the entity will ensure that if more eligible
students seek admission in the program of the entity
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 6;
(C) how the entity will ensure that if more
participating eligible students seek admission to a
participating school than the school can accommodate,
participating eligible students are selected for
admission through a random selection process;
(D) how the entity will notify parents of eligible
students of the expanded choice opportunities in order
to allow the parents to make informed decisions;
(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 7(a);
(F) how the entity will determine the amount that
will be provided to parents under section 7(a)(2) for
the payment of tuition, fees, and transportation
expenses, if any;
(G) how the entity will seek out private elementary
schools and secondary schools in the District of
Columbia to participate in the program;
(H) how the entity will ensure that each
participating school will meet the reporting and other
program requirements under this Act;
(I) how the entity will ensure that participating
schools submit to site visits by the entity as
determined to be necessary by the entity, except that a
participating school may not be required to submit to
more than 1 site visit per school year;
(J) how the entity will ensure that participating
schools are financially responsible and will use the
funds received under section 7 effectively;
(K) how the entity will address the renewal of
scholarships to participating eligible students,
including continued eligibility; and
(L) how the entity will ensure that a majority of its
voting board members or governing organization are
residents of the District of Columbia; and
(2) an assurance that the entity will comply with all
requests regarding any evaluation carried out under section
9(a).
SEC. 6. PRIORITIES.
In awarding grants under section 4(a), the Secretary shall give
priority to applications from eligible entities that will most
effectively--
(1) in awarding scholarships under section 7(a), give
priority to--
(A) eligible students who, in the school year
preceding the school year for which the eligible
students are seeking a scholarship, attended an
elementary school or secondary school identified for
improvement, corrective action, or restructuring under
section 1116 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6316);
(B) students who have been awarded a scholarship in a
preceding year under this Act or the DC School Choice
Incentive Act of 2003 (sec. 38-1851.01 et seq., D.C.
Official Code), as such Act was in effect on the day
before the date of the enactment of this Act, but who
have not used the scholarship, including eligible
students who were provided notification of selection
for a scholarship for school year 2009-2010, which was
later rescinded in accordance with direction from the
Secretary of Education; and
(C) students whose household includes a sibling or
other child who is already participating in the program
of the eligible entity under this Act, regardless of
whether such students have, in the past, been assigned
as members of a control study group for the purposes of
an evaluation under section 9(a);
(2) target resources to students and families that lack the
financial resources to take advantage of available educational
options; and
(3) provide students and families with the widest range of
educational options.
SEC. 7. USE OF FUNDS.
(a) Opportunity Scholarships.--
(1) In general.--Subject to paragraphs (2) and (3), an
eligible entity receiving a grant under section 4(a) shall use
the grant funds to provide eligible students with scholarships
to pay the tuition, fees, and transportation expenses, if any,
to enable the eligible students to attend the District of
Columbia private elementary school or secondary school of their
choice beginning in school year 2011-2012. Each such eligible
entity shall ensure that the amount of any tuition or fees
charged by a school participating in such entity's program
under this Act to an eligible student participating in the
program does not exceed the amount of tuition or fees that the
school charges to students who do not participate in the
program.
(2) Payments to parents.--An eligible entity receiving a
grant under section 4(a) shall make scholarship payments under
the entity's program under this Act to the parent of the
eligible student participating in the program, in a manner
which ensures that such payments will be used for the payment
of tuition, fees, and transportation expenses (if any), in
accordance with this Act.
(3) Amount of assistance.--
(A) Varying amounts permitted.--Subject to the other
requirements of this section, an eligible entity
receiving a grant under section 4(a) may award
scholarships in larger amounts to those eligible
students with the greatest need.
(B) Annual limit on amount.--
(i) Limit for school year 2011-2012.--The
amount of assistance provided to any eligible
student by an eligible entity under the
entity's program under this Act for school year
2011-2012 may not exceed--
(I) $8,000 for attendance in
kindergarten through grade 8; and
(II) $12,000 for attendance in grades
9 through 12.
(ii) Cumulative inflation adjustment.--
Beginning the school year following the school
year of the date of the enactment of this Act,
the Secretary shall adjust the maximum amounts
of assistance described in clause (i) for
inflation, as measured by the percentage
increase, if any, from the preceding fiscal
year in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.
(4) Participating school requirements.--None of the funds
provided under this Act for opportunity scholarships may be
used by an eligible student to enroll in a participating
private school unless the participating school--
(A) has and maintains a valid certificate of
occupancy issued by the District of Columbia;
(B) makes readily available to all prospective
students information on its school accreditation;
(C) in the case of a school that has been operating
for 5 years or less, submits to the eligible entity
administering the program proof of adequate financial
resources reflecting the financial sustainability of
the school and the school's ability to be in operation
through the school year;
(D) agrees to submit to site visits as determined to
be necessary by the eligible entity pursuant to section
5(b)(1)(I);
(E) has financial systems, controls, policies, and
procedures to ensure that funds are used according to
this Act; and
(F) ensures that each teacher of core subject matter
in the school has a baccalaureate degree or equivalent
degree, whether such degree was awarded in or outside
of the United States.
(b) Administrative Expenses.--An eligible entity receiving a grant
under section 4(a) may use not more than 3 percent of the amount
provided under the grant each year for the administrative expenses of
carrying out its program under this Act during the year, including--
(1) determining the eligibility of students to participate;
(2) selecting eligible students to receive scholarships;
(3) determining the amount of scholarships and issuing the
scholarships to eligible students;
(4) compiling and maintaining financial and programmatic
records; and
(5) conducting site visits as described in section
5(b)(1)(I).
(c) Parental Assistance.--An eligible entity receiving a grant under
section 4(a) may use not more than 2 percent of the amount provided
under the grant each year for the expenses of educating parents about
the entity's program under this Act, and assisting parents through the
application process, under this Act, including--
(1) providing information about the program and the
participating schools to parents of eligible students;
(2) providing funds to assist parents of students in meeting
expenses that might otherwise preclude the participation of
eligible students in the program; and
(3) streamlining the application process for parents.
(d) Student Academic Assistance.--An eligible entity receiving a
grant under section 4(a) may use not more than 1 percent of the amount
provided under the grant each year for expenses to provide tutoring
services to participating eligible students that need additional
academic assistance. If there are insufficient funds to provide
tutoring services to all such students in a year, the eligible entity
shall give priority in such year to students who previously attended an
elementary school or secondary school that was identified for
improvement, corrective action, or restructuring under section 1116 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316).
SEC. 8. NONDISCRIMINATION AND OTHER REQUIREMENTS FOR PARTICIPATING
SCHOOLS.
(a) In General.--An eligible entity or a school participating in any
program under this Act shall not discriminate against program
participants or applicants on the basis of race, color, national
origin, religion, or sex.
(b) Applicability and Single Sex Schools, Classes, or Activities.--
(1) In general.--Notwithstanding any other provision of law,
the prohibition of sex discrimination in subsection (a) shall
not apply to a participating school that is operated by,
supervised by, controlled by, or connected to a religious
organization to the extent that the application of subsection
(a) is inconsistent with the religious tenets or beliefs of the
school.
(2) Single sex schools, classes, or activities.--
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) Applicability.--For purposes of this Act, the provisions
of section 909 of the Education Amendments of 1972 (20 U.S.C.
1688) shall apply to this Act as if section 909 of the
Education Amendments of 1972 (20 U.S.C. 1688) were part of this
Act.
(c) Children With Disabilities.--Nothing in this Act may be construed
to alter or modify the provisions of the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
(d) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other provision of law,
a school participating in any program under this Act that is
operated by, supervised by, controlled by, or connected to, a
religious organization may exercise its right in matters of
employment consistent with title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in
such title.
(2) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under this Act to
eligible students, which are used at a participating school as
a result of their parents' choice, shall not, consistent with
the first amendment of the Constitution, necessitate any change
in the participating school's teaching mission, require any
participating school to remove religious art, icons,
scriptures, or other symbols, or preclude any participating
school from retaining religious terms in its name, selecting
its board members on a religious basis, or including 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 students) under this Act 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 Act shall not be treated as income of the
parents for purposes of Federal tax laws or for determining eligibility
for any other Federal program.
(f) Requests for Data and Information.--Each school participating in
a program funded under this Act shall comply with all requests for data
and information regarding evaluations conducted under section 9(a).
(g) Rules of Conduct and Other School Policies.--A participating
school, including the schools described in subsection (d), may require
eligible students to abide by any rules of conduct and other
requirements applicable to all other students at the school.
(h) Nationally Norm-Referenced Standardized Tests.--
(1) In general.--Each participating school shall comply with
any testing requirements determined to be necessary for
evaluation under section 9(a)(2)(A)(i).
(2) Make-up session.--If a participating school does not
administer a nationally norm-referenced standardized test or
the Institute of Education Sciences does not receive data on a
student who is receiving an opportunity scholarship, then the
Secretary (through the Institute of Education Sciences of the
Department of Education) shall administer such test at least
one time during a school year for each student receiving an
opportunity scholarship.
SEC. 9. EVALUATIONS.
(a) In General.--
(1) Duties of the secretary and the mayor.--The Secretary and
the Mayor of the District of Columbia shall--
(A) jointly enter into an agreement with the
Institute of Education Sciences of the Department of
Education to evaluate annually the performance of
students who received scholarships under the 5-year
program under this Act;
(B) jointly enter into an agreement to monitor and
evaluate the use of funds authorized and appropriated
for the District of Columbia public schools and the
District of Columbia public charter schools under this
Act; and
(C) make the evaluations described in subparagraph
(A) and (B) public in accordance with subsection (c).
(2) Duties of the secretary.--The Secretary, through a grant,
contract, or cooperative agreement, shall--
(A) ensure that the evaluation under paragraph
(1)(A)--
(i) is conducted using the strongest possible
research design for determining the
effectiveness of the opportunity scholarship
program under this Act; and
(ii) addresses the issues described in
paragraph (4); and
(B) disseminate information on the impact of the
program--
(i) in increasing the academic growth and
achievement of participating eligible students;
and
(ii) on students and schools in the District
of Columbia.
(3) Duties of the institute of education sciences.--The
Institute of Education Sciences of the Department of Education
shall--
(A) use a grade appropriate, nationally norm-
referenced standardized test each school year to assess
participating eligible students;
(B) measure the academic achievement of all
participating eligible students; and
(C) work with the eligible entities to ensure that
the parents of each student who applies for a
scholarship under this Act (regardless of whether the
student receives the scholarship) and the parents of
each student participating in the scholarship program
under this Act, agree that the student will participate
in the measurements given annually by the Institute of
Educational Sciences for the period for which the
student applied for or received the scholarship,
respectively, except that nothing in this subparagraph
shall affect a student's priority for an opportunity
scholarship as provided under section 6.
(4) Issues to be evaluated.--The issues to be evaluated under
paragraph (1)(A) shall include the following:
(A) A comparison of the academic growth and
achievement of participating eligible students in the
measurements described in paragraph (3) to the academic
growth and achievement of the eligible students in the
same grades who sought to participate in the
scholarship program under this Act but were not
selected.
(B) The success of the program in expanding choice
options for parents of participating eligible students,
improving parental and student satisfaction of such
parents and students, respectively, and increasing
parental involvement of such parents in the education
of their children.
(C) The reasons parents of participating eligible
students choose for their children to participate in
the program, including important characteristics for
selecting schools.
(D) A comparison of the retention rates, high school
graduation rates, and college admission rates of
participating eligible students with the retention
rates, high school graduation rates, and college
admission rates of students of similar backgrounds who
do not participate in such program.
(E) A comparison of the safety of the schools
attended by participating eligible students and the
schools in the District of Columbia attended by
students who do not participate in the program, based
on the perceptions of the students and parents.
(F) Such other issues with respect to participating
eligible students as the Secretary considers
appropriate for inclusion in the evaluation, such as
the impact of the program on public elementary schools
and secondary schools in the District of Columbia.
(G) An analysis of the issues described in
subparagraphs (A) through (F) by applying such
subparagraphs by substituting ``the subgroup of
participating eligible students who have used each
opportunity scholarship awarded to such students under
this Act to attend a participating school'' for
``participating eligible students'' each place such
term appears.
(5) Prohibition.--Personally identifiable information
regarding the results of the measurements used for the
evaluations may not be disclosed, except to the parents of the
student to whom the information relates.
(b) Reports.--The Secretary shall submit to the Committees on
Appropriations, Education and the Workforce, and Oversight and
Government Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and Homeland
Security and Governmental Affairs of the Senate--
(1) annual interim reports, not later than April 1 of the
year following the year of the date of enactment of this Act,
and each subsequent year through the year in which the final
report is submitted under paragraph (2), on the progress and
preliminary results of the evaluation of the opportunity
scholarship program funded under this Act; and
(2) a final report, not later than 1 year after the final
year for which a grant is made under section 4(a), on the
results of the evaluation of the program.
(c) Public Availability.--All reports and underlying 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 subsection (b), except that personally identifiable
information shall not be disclosed or made available to the public.
(d) Limit on Amount Expended.--The amount expended by the Secretary
to carry out this section for any fiscal year may not exceed 5 percent
of the total amount appropriated under section 14(a)(1) for the fiscal
year.
SEC. 10. REPORTING REQUIREMENTS.
(a) Activities Reports.--Each eligible entity receiving funds under
section 4(a) 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 eligible entity receiving funds under
section 4(a) shall, not later than September 1 of the year
during which the second school year of the entity's program is
completed and each of the next 2 years thereafter, submit to
the Secretary a report, including any pertinent data collected
in the preceding 2 school years, concerning--
(A) the academic growth and achievement of students
participating in the program;
(B) the high school graduation and college admission
rates of students who participate in the program, 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 Parents.--
(1) In general.--Each eligible entity receiving funds under
section 4(a) shall ensure that each school participating in the
entity's program under this Act during a school year reports at
least once during the year to the parents of each of the
school's students who are participating in the program on--
(A) the student's academic achievement, as measured
by a comparison with the aggregate academic achievement
of other participating students at the student's school
in the same grade or level, as appropriate, and the
aggregate academic achievement of the student's peers
at the student's school in the same grade or level, as
appropriate;
(B) the safety of the school, including the incidence
of school violence, student suspensions, and student
expulsions; and
(C) the accreditation status of the school.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information, except as to the student who is the
subject of the report to that student's parent.
(d) Report to Congress.--Not later than 6 months after the first
appropriation of funds under section 14, and each succeeding year
thereafter, the Secretary shall submit to the Committees on
Appropriations, Education and the Workforce, and Oversight and
Government Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and Homeland
Security and Governmental Affairs of the Senate, an annual report on
the findings of the reports submitted under subsections (a) and (b).
SEC. 11. DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER SCHOOLS.
(a) Condition of Receipt of Funds.--As a condition of receiving funds
under this Act on behalf of the District of Columbia public schools and
the District of Columbia public charter schools, the Mayor shall agree
to carry out the following:
(1) Information requests.--Ensure that all the District of
Columbia public schools and the District of Columbia public
charter schools comply with all reasonable requests for
information for purposes of the evaluation under section 9(a).
(2) Agreement with the secretary.--Enter into the agreement
described in section 9(a)(1)(B) to monitor and evaluate the use
of funds authorized and appropriated for the District of
Columbia public schools and the District of Columbia public
charter schools under this Act.
(3) Submission of report.--Not later than 6 months after the
first appropriation of funds under section 14, and each
succeeding year thereafter, submit to the Committee on
Appropriations, the Committee on Education and the Workforce,
and the Committee on Oversight and Government Reform of the
House of Representatives, and the Committee on Appropriations,
the Committee on Health, Education, Labor, and Pensions, and
the Committee on Homeland Security and Governmental Affairs of
the Senate, information on--
(A) how the funds authorized and appropriated under
this Act for the District of Columbia public schools
and the District of Columbia public charter schools
were used in the preceding school year; and
(B) how such funds are contributing to student
achievement.
(b) Enforcement.--If, after reasonable notice and an opportunity for
a hearing for the Mayor, the Secretary determines that the Mayor has
not been in compliance with 1 or more of the requirements described in
subsection (a), the Secretary may withhold from the Mayor, in whole or
in part, further funds under this Act for the District of Columbia
public schools and the District of Columbia public charter schools.
(c) Rule of Construction.--Nothing in this section shall be construed
to reduce, or otherwise affect, funding provided under this Act for the
opportunity scholarship program under this Act.
SEC. 12. TRANSITION PROVISIONS.
(a) Repeal.--The DC School Choice Incentive Act of 2003 (sec. 38-
1851.01 et seq., D.C. Official Code) is repealed.
(b) Special Rules.--Notwithstanding any other provision of law--
(1) funding appropriated to provide opportunity scholarships
for students in the District of Columbia under the heading
``Federal Payment for School Improvement'' in title IV of
division D of the Omnibus Appropriations Act, 2009 (Public Law
111-8; 123 Stat. 653), the heading ``Federal Payment for School
Improvement'' in title IV of division C of the Consolidated
Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 3181),
or any other Act, may be used to provide opportunity
scholarships under section 7(a) for the 2011-2012 school year
to students who have not previously received such scholarships;
(2) the fourth and fifth provisos under the heading ``Federal
Payment for School Improvement'' of title IV of Division C of
the Consolidated Appropriations Act, 2010 (Public Law 111-117;
123 Stat. 3181) shall not apply; and
(3) any unobligated amounts reserved to carry out the
provisos described in paragraph (2) shall be made available to
an eligible entity receiving a grant under section 4(a)--
(A) for administrative expenses described in section
7(b); or
(B) to provide opportunity scholarships under section
7(a), including to provide such scholarships for the
2011-2012 school year to students who have not
previously received such scholarships.
(c) Multiyear Awards.--The recipient of a grant or contract under the
DC School Choice Incentive Act of 2003 (sec. 38-1851.01 et seq., D.C.
Official Code), as such Act was in effect on the day before the date of
the enactment of this Act, shall continue to receive funds in
accordance with the terms and conditions of such grant or contract,
except that--
(1) the provisos relating to opportunity scholarships in the
Acts described in subsection (b)(1) shall not apply; and
(2) the memorandum of understanding described in subsection
(d), including any revision made under such subsection, shall
apply.
(d) Memorandum of Understanding.--The Secretary and the Mayor of the
District of Columbia shall revise the memorandum of understanding
entered into under the DC School Choice Incentive Act of 2003 (sec. 38-
1851.01 et seq., D.C. Official Code), as such Act was in effect on the
day before the date of the enactment of this Act, to address--
(1) the implementation of the opportunity scholarship program
under this Act; and
(2) how the Mayor will ensure that the District of Columbia
public schools and the District of Columbia public charter
schools comply with all the reasonable requests for information
as necessary to fulfill the requirements for evaluations
conducted under section 9(a).
(e) Orderly Transition.--Subject to subsections (c) and (d), the
Secretary shall take such steps as the Secretary determines to be
appropriate to provide for the orderly transition to the authority of
this Act from any authority under the provisions of the DC School
Choice Incentive Act of 2003 (sec. 38-1851.01 et seq., D.C. Official
Code), as such Act was in effect on the day before the date of
enactment of this Act.
SEC. 13. DEFINITIONS.
As used in this Act:
(1) Elementary school.--The term ``elementary school'' means
an institutional day or residential school, including a public
elementary charter school, that provides elementary education,
as determined under District of Columbia law.
(2) Eligible entity.--The term ``eligible entity'' means any
of the following:
(A) A nonprofit organization.
(B) A consortium of nonprofit organizations.
(3) Eligible student.--The term ``eligible student'' means a
student who is a resident of the District of Columbia and comes
from a household--
(A) receiving assistance under the supplemental
nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(B) whose income does not exceed--
(i) 185 percent of the poverty line; or
(ii) in the case of a student participating
in the opportunity scholarship program in the
preceding year under this Act or the DC School
Choice Incentive Act of 2003 (sec. 38-1851.01
et seq., D.C. Official Code), as such Act was
in effect on the day before the date of
enactment of this Act, 300 percent of the
poverty line.
(4) Mayor.--The term ``Mayor'' means the Mayor of the
District of Columbia.
(5) Parent.--The term ``parent'' has the meaning given that
term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(6) Participating eligible student.--The term ``participating
eligible student'' means an eligible student awarded an
opportunity scholarship under this Act, without regard to
whether the student uses the scholarship to attend a
participating school.
(7) Participating school.--The term ``participating school''
means a private elementary school or secondary school
participating in the opportunity scholarship program of an
eligible entity under this Act.
(8) 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).
(9) Secondary school.--The term ``secondary school'' means an
institutional day or residential school, including a public
secondary charter school, that provides secondary education, as
determined under District of Columbia law, except that the term
does not include any education beyond grade 12.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated $60,000,000
for fiscal year 2012 and for each of the 4 succeeding fiscal years, of
which--
(1) one-third shall be made available to carry out the
opportunity scholarship program under this Act for each fiscal
year;
(2) one-third shall be made available to carry out section
4(b)(1) for each fiscal year; and
(3) one-third shall be made available to carry out section
4(b)(2) for each fiscal year.
(b) Apportionment.--If the total amount of funds appropriated under
subsection (a) for a fiscal year does not equal $60,000,000, the funds
shall be apportioned in the manner described in subsection (a) for such
fiscal year.
Committee Statement and Views
PURPOSE AND SUMMARY
The Committee is concerned with the persistent and systemic
failings of schools in the DC Public School system,
particularly those located in traditionally low-income areas.
To address these shortcomings, the Committee supports
reauthorizing the DC Opportunity Scholarship Program (OSP).
H.R. 471, the Scholarships for Opportunity and Results
(SOAR) Act, reauthorizes and makes improvements to the DC OSP.
The legislation increases the scholarship amount from $7,500
generally to up to $8,000 for elementary students and up to
$12,000 for secondary students. The legislation also continues
and strengthens reporting requirements to determine the
effectiveness of the program, while enhancing the rigor of
eligibility requirements pertaining to private schools that
participate in the program.
H.R. 471 authorizes $60 million to be appropriated annually
for each of the next five fiscal years. Consistent with the
``three-sector'' approach to educational improvement in the
District, the funding is equally divided among the DC OSP, the
DC public schools, and DC public charter schools.
BACKGROUND AND NEED FOR LEGISLATION
The United States Constitution grants Congress the
authority ``To exercise exclusive Legislation in all Cases
Whatsoever over said District . . .''
Congress has used its Constitutional authority to address
what it deems as significant issues in the District. In 1996,
due to the long-standing educational failures of the DC public
schools, the D.C. School Reform Act (P.L. 104-134) was enacted,
creating charter schools in the district to increase education
options for students enrolled in public schools that were
consistently under-performing.
In 2003, continuing education reform efforts in DC,
Congress created the first federally-funded, private school
voucher program in the country, the DC OSP. Under what was
termed the ``three-sector'' approach to school improvement in
the District, the new law also provided additional, direct
federal payments to DC public schools and DC public charter
schools. The funding was to be used to help improve the
education of students enrolled in traditional public schools
and help improve and expand quality charter schools.
After several successful years of offering these
scholarships to needy families, the Obama Administration
rescinded 216 scholarships that had been promised to new
enrollees who were due to enter the DC OSP in the 2009-2010
school year. The Democratic Congress also passed an FY 2010
omnibus appropriations bill specifying that the use of any
funds provided in any act for Opportunity Scholarships after
the 2009-2010 school year would only be available if the
program were to be reauthorized and the District of Columbia
were to adopt legislation approving that reauthorization.
While public education in the District continues to
improve, there is still much work to be done. DC consistently
has an average per pupil expenditure higher than any state,
while its students' test scores are consistently among the
lowest in the Nation.
LEGISLATIVE HISTORY
The DC OSP was first created as part of H.R. 2556, the D.C.
Parental Choice Incentive Act, adopted by the House Government
Reform Committee by a 22-21 vote on July 10, 2003. That
legislation was subsequently incorporated into H.R. 2776, the
FY 2004 Consolidated Appropriations Act, signed into law on
January 23, 2004 (P.L. 108-199). Appropriations for the program
were authorized through FY 2008.
The Omnibus Appropriations Act, 2009 (P.L. 111-8) specified
that the use of any funds in any act for Opportunity
Scholarships after the 2009-2010 school year shall be available
only upon reauthorization of the program and the adoption of
legislation by the District of Columbia approving such
reauthorization. The Omnibus Appropriations Act, 2010 (P.L.
111-117) eliminated this restriction on funding, but specified
that the $13.2 million it allocated to Opportunity Scholarships
could be used to provide them only to students who received
scholarships in the 2009-2010 school year.
The Committee's Health Care, D.C., Census, and National
Archives Subcommittee held a hearing on the DC OSP and H.R. 471
on March 1, 2011. The full Oversight and Government Reform
Committee then reported the legislation favorably by a vote of
21 to 14 on March 10, 2011.
Section-by-Section
Section 1. Short title
This Act may be cited as the Scholarships for Opportunity
and Results (SOAR) Act.
Section 2. Findings
Parents are best equipped to make decisions for their
children, including the educational setting that will best
serve the interests and educational needs of their children.
The per student cost for students in DC public schools is one
of the highest in the United States despite the fact that test
scores for such students continue to be among the lowest.
Congress passed the DC School Choice Incentive Act in 2003
to provide opportunity scholarships to students in DC as part
of a three-sector approach that also includes the financing of
improvements in the District's traditional public schools and
public charter schools. Parents have expressed strong support
for the DC OSP, and studies conducted by the Institute of
Education Sciences have shown significant improvements in
parental satisfaction, reading scores, and graduation rates for
students participating in the program.
The DC OSP offers needy District families important
alternatives while public schools are being improved. This
program should be reauthorized as one prong of a three part
comprehensive funding strategy for the District of Columbia
school system--one that provides new and equal funding for
public schools, public charter schools, and opportunity
scholarships for students to attend private schools.
Section 3. Purpose
The purpose of the SOAR Act is to provide low-income
parents residing in DC with expanded opportunities for
enrolling their children in other schools within DC, at least
until the public schools in DC have adequately addressed
shortfalls in health, safety, and security, and the students in
the DC public schools are testing at or above the national
average in mathematics and reading.
Section 4. General authority
The Secretary shall award grants on a competitive basis to
eligible entities that will provide students with expanded
school choice opportunities. The Secretary shall award grants
for not longer than five years.
The Secretary shall provide funds to the Mayor of DC to be
used to improve education in public schools and to improve and
expand quality public charter schools in DC.
Section 5. Applications
The Secretary will select an eligible entity or entities to
manage the DC OSP based on specific criteria that ensures
eligible students are able to receive scholarships through a
random selection process if there are more students than the
program can accommodate. The entity will provide guidance to
parents in applying for the scholarship program. The entity
will determine the amount that will be provided to parents for
tuition, transportation and any other necessary expenses. The
entity also will ensure that participating schools are
financially responsible and that they address the renewal
process of scholarships for participating eligible students.
The Secretary may not require an eligible entity to conduct
more than one annual site visit per participating school. The
entity also must provide assurances that it will comply with
all requests regarding the program's evaluation.
Section 6. Priorities
Priority in scholarship eligibility is given to those
students who attended an elementary or secondary school
identified for improvement, corrective action, or restructuring
under section 116 of the Elementary and Secondary Education Act
of 1965; those who have been awarded a scholarship in a prior
year, including those students whose scholarships were
rescinded by the Secretary of Education; those who are siblings
of students who have been awarded a scholarship; and those who
are students whose household includes a sibling or other child
who is already participating in the program.
Section 7. Use of funds
Funds provided under this Act for the DC OSP are to provide
eligible students with scholarships to pay the tuition, fees,
and transportation expenses necessary to attend a DC private
elementary school or secondary school of their choice. The
eligible entity must ensure that the tuition and fees being
charged to a participating student do not exceed the tuition
and fees charged to students who are not participating in the
program. The amount of assistance provided to any eligible
student for school year 2011-2012 may not exceed $8,000 per
year for attendance in Kindergarten through eighth grade, or
$12,000 per year for attendance in ninth through twelfth
grades. The Secretary of Education will be given the authority
to adjust the scholarship amounts for each succeeding year,
based on the rate of inflation as determined by the Department
of Labor.
Schools participating in the program must: maintain a valid
certificate of occupancy issued by the District of Columbia;
make readily available information on its school accreditation;
demonstrate that it has adequate financial resources to prove
financial sustainability, if the schools have been operating
for less than five years; agree to an annual site visit by the
administrating entity; have financial systems in place to
ensure funds are used according to this Act; and ensure that
each teacher of core subject matter has a baccalaureate (or
equivalent degree if educated outside the U.S.).
The eligible entity receiving a grant may not use more than
3% of the total grant amount each year to carry out
administrative expenses, which include expenses incurred in:
determining students' eligibility to participate in the
program; selecting eligible students to receive scholarships;
determining the scholarship amounts; filing and maintaining
financial and programmatic records; and conducting the annual
site visit.
The eligible entity receiving a grant may not use more than
2% of the total grant amount each year for educating parents
about the program and assisting them with the application.
The eligible entity receiving a grant may not use more than
1% of the total grant amount each year for tutoring services
for participating students in need of academic assistance.
Section 8. Nondiscrimination and other requirements for participating
schools
An eligible entity or a school participating in the program
shall not discriminate against program participants or
applicants on the basis of race, color, national origin,
religion, or sex. Each school must comply with all requests for
data and information regarding evaluations. Participating
schools may require eligible students to abide by any rules of
conduct applicable to all other students at the school. Each
participating school shall administer a nationally norm-
referenced standardized test in reading and math, of which the
results of the test shall be reported to the students' parents
or legal guardians.
Section 9. Evaluations
The Secretary and the Mayor are to work jointly with the
Institute of Education and Sciences (IES) of the Department of
Education to evaluate annually the performance of students who
received scholarships, and to monitor and evaluate the use of
funds authorized and appropriated for DC public schools and DC
public charter schools.
The Secretary, through a grant, contract, or cooperative
agreement, is to conduct the strongest possible research design
to determine the effectiveness of the DC OSP. The IES shall
measure the academic growth and achievement of all
participating eligible students. In addition to academic
achievement, the study will compare the retention rates, high
school graduation rates and college admission rates of
students, and the school safety of participating eligible
students with the retention rates, high school graduation rates
and college admission rates, and the school safety of students
of similar backgrounds who do not participate in the program.
The Secretary shall submit interim reports to the House
Committees on Appropriations, Education and Workforce, and
Oversight and Government Reform, and the Senate Committees on
Appropriations, Health, Education, Labor and Pensions, and
Homeland Security and Government Affairs, beginning on April 1
of the following year after the date of enactment, and each
subsequent year, on the progress and preliminary results of the
evaluation of the program. The Secretary also will submit to
those Committees a final report on the results of the
evaluation of the program no later than one year after the
final year for which a grant is made.
Section 10. Reporting requirements
Eligible entities managing the DC OSP will submit annual
reports to the Secretary and to parents concerning the academic
growth and achievement of students participating in the
program, high school graduation and college admission rates of
students who participate in the program, parental satisfaction
with the program, and school safety information.
Section 11. DC public schools and DC public charter schools
As a condition of receiving funds on behalf of DC public
schools and DC public charter schools, the Mayor shall comply
with reasonable requests for information for purposes of
evaluating the program, enter into an agreement with the
Secretary to monitor and evaluate the use of funds, and submit
a report to Congress on how the funds authorized and
appropriated under the Act for DC public schools and DC public
charter schools were used, and how such funds are contributing
to student achievement.
If, after reasonable notice and an opportunity for a
hearing for the Mayor, the Secretary determines that the Mayor
has not been in compliance with one or more of the
requirements, the Secretary may withhold, in whole, or in part,
further funds under this Act for DC public schools and DC
public charter schools.
Section 12. Transitional provisions
The Act makes null and void the provisions in the Omnibus
Appropriations Act of fiscal year (FY) 2009 that prohibit new
student enrollment in the DC OSP, as well as the provisions in
the Consolidated Appropriations Act of FY 2010 that require
site inspections twice annually and the additional report that
was to be submitted by June 15, 2010 on academic rigor.
An eligible entity that received the multiyear grant or
contract to manage the DC OSP may continue to administer the
program if it adheres to the requirements described in this
Act.
The Secretary and Mayor of the District of Columbia shall
revise the memorandum of understanding entered into under the
DC School Choice Incentive Act to address how the Mayor will
ensure that the DC public schools and DC public charter schools
will comply with reasonable requests for information as
necessary to fulfill evaluation requirements, and to address
the the implementation of the scholarship program under this
Act.
Section 13. Definitions
The term ``Eligible Entity'' includes a nonprofit
organization or a consortium of nonprofit organizations.
The term ``Eligible Student'' includes a student who is a
resident of the District of Columbia and comes from a household
that receives assistance under the supplemental nutrition
assistance program, whose income does not exceed 185 percent of
the federal poverty line, or, in the case of a student
participating in the program in the preceding year, does not
exceed 300 percent of the federal poverty line.
The term ``Mayor'' means the Mayor of the District of
Columbia.
The term ``Participating Student'' means an eligible
student awarded an opportunity scholarship under this Act,
without regard to whether the student uses the scholarship to
attend a participating school.
The term ``Participating School'' means a private
elementary school or secondary school participating in the
opportunity scholarship program of an eligible entity under
this Act.
Section 14. Authorization of appropriations
There are authorized to be appropriated $60,000,000 for
fiscal year 2012 and for each of the four succeeding years, of
which shall be equally divided to carry out the DC Opportunity
Scholarship Program, to improve public education in the DC
public schools, and to improve quality public charter schools
in the DC public charter schools.
If the total funds appropriated under this Act for a fiscal
year does not equal the authorized spending level, the funds
appropriated shall be equally divided among the DC OSP, the DC
public schools and the DC public charter schools.
Explanation of Amendments
Rep. Issa offered an amendment in the nature of a
substitute which made minor technical corrections to the
legislation. Most significantly, the amendment clarifies that
eligible private schools offering scholarships must give
priority consideration to the students who had their
scholarships rescinded by the Secretary of Education. The
amendment also requires a nationally norm-referenced
standardized test to be used to ensure the best possible
evaluation of the Opportunity Scholarship Program students is
used to determine the effectiveness of the program. And it
requires that the evaluation of the program now compare
students in the program to those who applied for a scholarship
and did not receive one, so that a more accurate assessment can
be made of how the program affects academic growth and
achievement. The amendment was agreed to by voice vote.
Rep. Norton offered an amendment in the nature of a
substitute that would have removed all of the funding for the
Opportunity Scholarship Program and transferred those dollars
evenly into DC public schools and DC public charter schools.
The Norton amendment was defeated by a roll call vote of 12-21.
Committee Consideration
On March 10, 2011, the Committee met in open session and
ordered reported favorably the bill, H.R. 471, as amended, by
roll call vote of 21-14, a quorum being present.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill authorizes the Secretary of Education to award five-
year grants on a competitive basis to nonprofit organizations
to carry out a program to provide expanded school choice
opportunities to students who are District of Columbia (DC)
residents and who come from households: (1) receiving
assistance under the supplemental nutrition assistance program
under the Food and Nutrition Act of 2008; or (2) with incomes
not exceeding 185% of the poverty line, except in certain
grandfathered circumstances.
Legislative branch employees and their families, to the
extent that they are otherwise eligible for the benefits
provided by this legislation, have equal access to its
benefits.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 471 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 471. However, clause 3(d)(3)(B) of that rule provides that
this requirement does not apply when the Committee has included
in its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 471 from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 14, 2011.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 471, the
Scholarships for Opportunity and Results Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin
Humphrey.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
H.R. 471--Scholarships for Opportunity and Results Act
H.R. 471 would authorize the appropriation of $20 million
for each of fiscal years 2012 through 2016 for the District of
Columbia Opportunity Scholarship Program, which provides
scholarships for private-school tuition to parents of students
who reside in the District of Columbia and meet certain
criteria. In addition, it would authorize the appropriation of
$40 million for each of fiscal years 2012 through 2016 to
improve Washington, D.C., public schools and to improve and
expand public charter schools, provided that the mayor of the
District of Columbia agrees to certain requirements.
Based on historical spending patterns for similar programs,
CBO estimates that implementing the bill would cost $300
million over the 2012-2016 period, assuming appropriation of
the authorized amounts, as shown in the following table.
Enacting the bill would have no impact on direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
The costs of this legislation fall within budget function
500 (education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------
2012 2013 2014 2015 2016 2012-2016
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.............................................. 60 60 60 60 60 300
Estimated Outlays................................................ 60 60 60 60 60 300
----------------------------------------------------------------------------------------------------------------
H.R. 471 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Any costs incurred by the District of Columbia would be
incurred voluntarily and would result from complying with
conditions of assistance.
The CBO staff contact for this estimate is Justin Humphrey.
This estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets):
DC SCHOOL CHOICE INCENTIVE ACT OF 2003
(Title III of division C of Public Law 108-199; Sec. Sec. 38-1851.01 et
seq., DC Official Code)
[TITLE III--DC SCHOOL CHOICE INCENTIVE ACT OF 2003
[SEC. 301. SHORT TITLE.
[This title may be cited as the ``DC School Choice Incentive
Act of 2003''.
[SEC. 302. FINDINGS.
[The Congress finds the following:
[(1) Parents are best equipped to make decisions for
their children, including the educational setting that
will best serve the interests and educational needs of
their child.
[(2) For many parents in the District of Columbia,
public school choice provided for under the No Child
Left Behind Act of 2001 as well as under other public
school choice programs, is inadequate due to capacity
constraints. Available educational alternatives to the
public schools are insufficient and more educational
options are needed. In particular, funds are needed to
assist low-income parents to exercise choice among
enhanced public opportunities and private educational
environments, whether religious or nonreligious.
Therefore, in keeping with the spirit of the No Child
Left Behind Act of 2001, school choice options, in
addition to those already available to parents in the
District of Columbia (such as magnet and charter
schools and open enrollment schools) should be made
available to those parents.
[(3) In the most recent mathematics assessment on the
National Assessment of Educational Progress (NAEP),
administered in 2000, a lower percentage of 4th-grade
students in the District of Columbia demonstrated
proficiency than was the case for any State. Seventy-
six percent of the District of Columbia fourth-graders
scored at the ``below basic'' level and of the 8th-
grade students in the District of Columbia, only 6
percent of the students tested at the proficient or
advanced levels, and 77 percent were below basic. In
the most recent NAEP reading assessment, in 1998, only
10 percent of the District of Columbia fourth-graders
could read proficiently, while 72 percent were below
basic. At the 8th-grade level, 12 percent were
proficient or advanced and 56 percent were below basic.
[(4) A program enacted for the valid secular purpose
of providing educational assistance to low-income
children in a demonstrably failing public school system
is constitutional under Zelman v. Simmons-Harris, 536
U.S. 639 (2002), if it is neutral with respect to
religion and provides assistance to a broad class of
citizens who direct government aid to religious and
secular schools solely as a result of their genuine and
independent private choices.
[(5) The Mayor of the District of Columbia, the
Chairman of the Education Committee of the City Council
of the District of Columbia, and the President of the
District of Columbia Board of Education support this
title.
[(6) This title provides additional money for the
District of Columbia public schools and therefore money
for scholarships is not being taken out of money that
would otherwise go to the District of Columbia public
schools.
[(7) This title creates a 5-year program tailored to
the current needs and particular circumstances of low-
income children in District of Columbia schools. This
title does not establish parameters or requirements for
other school choice programs.
[SEC. 303. PURPOSE.
[The purpose of this title is to provide low-income parents
residing in the District of Columbia, particularly parents of
students who attend elementary schools or secondary 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 higher-performing schools in the
District of Columbia.
[SEC. 304. GENERAL AUTHORITY.
[(a) Authority.--From funds appropriated to carry out this
title, the Secretary shall award grants on a competitive basis
to eligible entities with approved applications under section
305 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.
[(c) Memorandum of Understanding.--The Secretary and the
Mayor of the District of Columbia shall enter into a memorandum
of understanding, as described in the statement of the
managers, regarding the design of, selection of eligible
entities to receive grants under, and implementation of, a
program assisted under this title.
[SEC. 305. 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 accompanied 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
priorities described in section 306;
[(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 306;
[(C) how the entity will ensure that if more
participating eligible students seek admission
to a participating school than the school can
accommodate, participating eligible students
are selected for admission through a random
selection process;
[(D) how the entity will notify parents of
eligible students of the expanded choice
opportunities and how the entity will ensure
that parents receive sufficient information
about their options to allow the parents to
make informed decisions;
[(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 307(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
elementary schools 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
participating schools are financially
responsible and will use the funds received
under this title effectively;
[(I) how the entity will address the renewal
of scholarships to participating eligible
students, including continued eligibility; and
[(J) how the entity will ensure that a
majority of its voting board members or
governing organization are residents of the
District of Columbia; and
[(2) an assurance that the entity will comply with
all requests regarding any evaluation carried out under
section 309.
[SEC. 306. 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 school or secondary school identified for
improvement, corrective action, or restructuring under
section 1116 of the Elementary and Secondary Education
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; and
[(3) provide students and families with the widest
range of educational options.
[SEC. 307. USE OF FUNDS.
[(a) Scholarships.--
[(1) In general.--Subject to paragraphs (2) and (3),
a grantee shall use the grant funds to provide eligible
students with scholarships to pay the tuition, fees,
and transportation expenses, if any, to enable them to
attend the District of Columbia private elementary
school 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 customarily 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 ensures that such
payments will be used for the payment of tuition, fees,
and transportation expenses (if any), in accordance
with this title.
[(3) Amount of assistance.--
[(A) Varying amounts permitted.--Subject 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 academic year.
[(4) Continuation of scholarships.--Notwithstanding
section 312(3)(B), an eligible entity receiving a grant
under this title may award a scholarship, for the
second or any succeeding year of an eligible student's
participation in a program under this title, to a
student who comes from a household whose income does
not exceed 200 percent (or, in the case of an eligible
student whose first year of participation in the
program is an academic year ending in June 2005 or June
2006 and whose second or succeeding year is an academic
year ending on or before June 2009, 300 percent) of the
poverty line.
[(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 carrying 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 students;
[(3) selecting students to receive scholarships;
[(4) determining the amount of scholarships and
issuing the scholarships 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
participation of their child in the program.
[SEC. 308. NONDISCRIMINATION.
[(a) In General.--An eligible entity or a school
participating in any program under this title shall not
discriminate against program participants or applicants on the
basis of race, color, national origin, religion, or sex.
[(b) Applicability and Single Sex Schools, Classes, or
Activities.--
[(1) In general.--Notwithstanding any other provision
of law, the prohibition of sex discrimination in
subsection (a) shall not apply to a participating
school that is operated by, supervised by, controlled
by, or connected to a religious organization to the
extent that the application of subsection (a) is
inconsistent with the religious tenets or beliefs of
the school.
[(2) Single sex schools, classes, or activities.--
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) Applicability.--For purposes of this title, the
provisions of section 909 of the Education Amendments
of 1972 (20 U.S.C. 1688) shall apply to this title as
if section 909 of the Education Amendments of 1972 (20
U.S.C. 1688) were part of this title.
[(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 program under
this title that is operated by, supervised by,
controlled by, or connected to, a religious
organization may exercise its right in matters of
employment consistent with title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.),
including the exemptions in such title.
[(2) Maintenance of purpose.--Notwithstanding any
other provision of law, funds made available under this
title to eligible students that are received by a
participating school, as a result of their parents'
choice, shall not, consistent with the first amendment
of the United States Constitution, necessitate any
change in the participating school's teaching mission,
require any participating school to remove religious
art, icons, scriptures, or other symbols, or preclude
any participating school from retaining religious terms
in its name, selecting its board members on a religious
basis, or including 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 students) 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 program.
[SEC. 309. EVALUATIONS.
[(a) In General.--
[(1) Duties of the secretary and the mayor.--The
Secretary and the Mayor of the District of Columbia
shall jointly select an independent entity to evaluate
annually the performance of students who received
scholarships under the 5-year program under this title,
and shall make the evaluations public in accordance
with subsection (c).
[(2) Duties of the secretary.--The Secretary, through
a grant, contract, or cooperative agreement, shall--
[(A) ensure that the evaluation is conducted
using the strongest possible research design
for determining the effectiveness of the
programs funded under this title that addresses
the issues described in paragraph (4); and
[(B) disseminate information on the impact of
the programs in increasing the student academic
achievement of participating students, and on
the impact of the programs on students and
schools in the District of Columbia.
[(3) Duties of the independent entity.--The
independent entity shall--
[(A) measure the academic achievement of all
participating eligible students;
[(B) use the same grade appropriate
measurement every school year to assess
participating eligible students as the
measurement used by the District of Columbia
Public Schools to assess District of Columbia
Public School students in the first year of the
program; and
[(C) work with the eligible entities to
ensure that the parents of each student who
applies for a scholarship under this title
(regardless of whether the student receives the
scholarship) and the parents of each student
participating in the scholarship program under
this title, agree that the student will
participate in the measurements given annually
by the independent entity for the period for
which the student applied for or received the
scholarship, respectively.
[(4) Issues to be evaluated.--The issues to be
evaluated include the following:
[(A) A comparison of the academic achievement
of participating eligible students in the
measurements described in this section to the
achievement of--
[(i) students in the same grades in
the District of Columbia public
schools; and
[(ii) the eligible students in the
same grades in the District of Columbia
public schools who sought to
participate in the scholarship program
but were not selected.
[(B) The success of the programs in expanding
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
admission rates of students of similar
backgrounds who do not participate in such
programs.
[(E) The impact of the program on students,
and public elementary schools 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
students who do not participate in the
programs.
[(G) Such other issues as the Secretary
considers appropriate for inclusion in the
evaluation.
[(5) Prohibition.--Personally identifiable
information regarding the results of the measurements
used for the evaluations may not be disclosed, except
to the parents of the student to whom the information
relates.
[(b) Reports.--The Secretary shall submit to the Committees
on Appropriations, Education and the Workforce, and Government
Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and
Governmental Affairs of the Senate--
[(1) annual interim reports, not later than December
1 of each year for which a grant is made under this
title, on the progress and preliminary results 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 underlying 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 subsection (b),
except that personally identifiable information shall not be
disclosed or made available to the public.
[(d) Limit on Amount Expended.--The amount expended 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. 310. 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 2 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
program, 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.--
[(1) In general.--Each grantee shall ensure that each
school participating in the grantee's program under
this title during a year reports at least once during
the year to the parents of each of the school's
students who are participating in the program on--
[(A) the student's academic achievement, as
measured by a comparison with the aggregate
academic achievement of other participating
students at the student's school in the same
grade or level, as appropriate, and the
aggregate academic achievement of the student's
peers at the student's school in the same grade
or level, as appropriate; and
[(B) the safety of the school, including the
incidence of school violence, student
suspensions, and student expulsions.
[(2) Prohibiting disclosure of personal
information.--No report under this subsection may
contain any personally identifiable information, except
as to the student who is the subject of the report to
that student's parent.
[(d) Report to Congress.--The Secretary shall submit to the
Committees on Appropriations, Education and the Workforce, and
Government Reform of the House of Representatives and the
Committees on Appropriations, Health, Education, Labor, and
Pensions, and Governmental Affairs of the Senate an annual
report on the findings of the reports submitted under
subsections (a) and (b).
[SEC. 311. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.
[(a) 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 309(a).
[(b) Rules of Conduct and Other School Policies.--A
participating school, including those described in section
308(d), may require eligible students to abide by any rules of
conduct and other requirements applicable to all other students
at the school.
[SEC. 312. DEFINITIONS.
[As used in this title:
[(1) Elementary school.--The term ``elementary
school'' means an institutional day or residential
school, including a public elementary charter school,
that provides elementary education, as determined under
District of Columbia law.
[(2) Eligible entity.--The term ``eligible entity''
means any of the following:
[(A) An educational entity of the District of
Columbia Government.
[(B) A nonprofit organization.
[(C) A consortium of nonprofit organizations.
[(3) Eligible student.--The term ``eligible student''
means a student who--
[(A) is a resident of the District of
Columbia; and
[(B) comes from a household whose income does
not exceed 185 percent of the poverty line.
[(4) Parent.--The term ``parent'' has the meaning
given that term in section 9101 of the Elementary 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 ``secondary school''
means an institutional day or residential school,
including a public secondary charter school, as
determined under District of Columbia law, except that
the term does not include any education beyond grade
12.
[(7) Secretary.--The term ``Secretary'' means the
Secretary of Education.
[SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
title $14,000,000 for fiscal year 2004 and such sums as may be
necessary for each of the 4 succeeding fiscal years.]
MINORITY VIEWS ON H.R. 471
MARCH 15, 2011
Committee Democrats oppose H.R. 471, the Scholarships for
Opportunity and Results Act, because the legislation increases
federal spending without an equivalent offset, provides public
funds to send students to private elementary and secondary
schools, and violates the District of Columbia's self-governing
prerogatives.
The legislation attempts to reactivate and expand the five-
year private school voucher program that was forced on the
residents of the District of Columbia in fiscal year 2004. The
program, created by the DC School Choice Incentive Act of 2003
(Incentive Act), was the first, and remains the only, federally
created or funded private school voucher program. Despite the
program's expiration in fiscal year 2009, Congress continued to
fund it on the condition that no funds could be used in school
year 2009-2010 unless Congress reauthorized the program.\1\ In
fiscal year 2010, the Obama Administration and Congress agreed
to allow students enrolled in the program in school year 2009-
2010 to continue until graduation, but not to admit new
students.\2\
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\1\See Omnibus Appropriations Act, 2009 (P.L. 111-8).
\2\See Omnibus Appropriations Act, 2010 (P.L. 111-117).
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The legislation authorizes $300 million over five years,
but does not offset that spending, despite the highest federal
deficit on record. The legislation violates the majority's
``Legislative Protocols'' for scheduling legislation for floor
consideration, under which any bill that authorizes the
appropriation of funds for any new program ``shall also include
language offsetting the full value of such authorization
through a reduction in the authorization of current ongoing
spending.''\3\
---------------------------------------------------------------------------
\3\Legislative Protocols for the 112th Congress (online at
www.majorityleader.gov/Protocols/).
---------------------------------------------------------------------------
During consideration, the majority contended that the
legislation reduces spending by $15.4 million from fiscal year
2010 (and under the continuing resolution, from fiscal year
2011). That argument presupposes that the bill is extending the
authorization of an existing program, which is inaccurate. In
addition, the bill still fails to offset all costs of the
voucher program in fiscal year 2012. The Incentive Act
authorized funding only for vouchers, not public schools or
public charter schools. The authorized amounts for vouchers
were $14 million for fiscal year 2004 and such sums as may be
necessary for fiscal years 2005-2008. H.R. 471 provides $20
million for vouchers in fiscal year 2012, a $6.8 million
increase over the fiscal year 2010-2011 appropriation levels,
which is not offset.
The majority is reestablishing a program that failed to
improve academic achievement. The final congressionally
mandated independent study of the program found no ``conclusive
evidence'' that it ``affected student achievement'' as measured
by standardized reading and math tests.\4\ While the program
prioritized students from the lowest performing public schools,
it had ``no significant impacts on [the] achievement'' of these
students, according to the independent study.\5\
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\4\Department of Education, Institute of Education Sciences,
Evaluation of the DC Opportunity Scholarship Program: Final Report
(June 2010).
\5\Id.
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During the Committee's consideration of H.R. 471,
Congresswoman Norton offered an amendment in the nature of a
substitute that would have ensured that public funds go only to
public education by redirecting the entire $300 million
authorized by the bill to be equally divided between District
of Columbia Public Schools (DCPS) and District of Columbia
public charter schools. When compared to other large urban
school districts, the District of Columbia's results are above
average. In fact, DCPS fourth and eighth grade students were
the only ones in such districts to show significant improvement
in the 2009 National Assessment of Education Progress.\6\
---------------------------------------------------------------------------
\6\National Assessment of Educational Progress, Trial Urban
District Assessment (2009).
---------------------------------------------------------------------------
District of Columbia public charter schools, which have
been created by parents and organizations, provide publicly
accountable educational options for students and parents.
Thirty-eight percent of District of Columbia students attend
public charter schools, and many others are on waiting lists
for admission. District of Columbia public charter school
students significantly outperform DCPS students, with charter
middle and high school students scoring almost twice as high on
standardized math and reading tests as DCPS students.\7\
Congresswoman Norton's amendment also would have granted
preference at District of Columbia public charter schools for
the 216 new students who were awarded vouchers for the 2009-
2010 school year, but which were later rescinded when the
program was not reauthorized.
---------------------------------------------------------------------------
\7\DC Comprehensive Assessment System (2009) (online at
nclb.osse.dc.gov).
---------------------------------------------------------------------------
Despite assertions that the expired program was successful,
the majority has not introduced a nationwide voucher bill to
expand the program to other jurisdictions. The public does not
support government funding for private education, as indicated
by the failure of every state referendum to authorize
vouchers.\8\ Instead, with H.R. 471, the majority once again
tramples on the District of Columbia's home rule, and uses the
District to pursue its partisan agenda. Neither the
Representative from the District of Columbia, Eleanor Holmes
Norton, nor its local elected officials were asked for their
views on the legislation before Speaker John Boehner introduced
it. In fact, the Subcommittee on Healthcare, District of
Columbia, Census, and the National Archives refused to grant
the
---------------------------------------------------------------------------
\8\See National Coalition for Public Education, Votes on State
Voucher Referenda (January 25, 2011).
---------------------------------------------------------------------------
Mayor of the District of Columbia's reasonable requests to
alter the paneling of witnesses and to move up the start time
of the hearing held on March 1, 2011 to discuss H.R. 471. The
Mayor's testimony would have provided the perspective of the
City's leadership on how best to improve public education in
the District of Columbia.
Elijah E. Cummings.
Danny K. Davis.
Eleanor Holmes Norton.