S 1552 PCSCommentsClose CommentsPermalink

To reauthorize the DC opportunity scholarship program, and for other purposes.CommentsClose CommentsPermalink

July 30, 2009CommentsClose CommentsPermalink

Mr. LIEBERMAN (for himself, Ms. COLLINS, Mrs. FEINSTEIN, Mr. VOINOVICH, Mr. BYRD, and Mr. ENSIGN) introduced the following bill; which was read the first timeCommentsClose CommentsPermalink

July 31, 2009CommentsClose CommentsPermalink

Read the second time and placed on the calendarCommentsClose CommentsPermalink

To reauthorize the DC opportunity scholarship program, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Scholarships for Opportunity and Results Act of 2009’ or the ‘SOAR Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) For many parents in the District of Columbia, public school choice provided under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, 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.CommentsClose CommentsPermalink





(3) Public school records raise persistent concerns regarding health and safety problems in District of Columbia public schools. For example, more than half of the District of Columbia’s teenage public school students attend schools that meet the District of Columbia’s definition of ‘persistently dangerous’ due to the number of violent crimes.CommentsClose CommentsPermalink





(4) 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 2007 study that students in the District of Columbia were being outperformed by every State in the Nation. On the 2007 NAEP, 61 percent of fourth grade students scored ‘below basic’ in reading, and 51 percent scored ‘below basic’ in mathematics. Among eighth grade students, 52 percent scored ‘below basic’ in reading and 56 percent scored ‘below basic’ in mathematics. On the 2007 NAEP reading assessment, only 14 percent of the District of Columbia fourth grade students could read proficiently, while only 12 percent of the eighth grade students scored at the proficient or advanced level.CommentsClose CommentsPermalink





(5) 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 that could be used by students in kindergarten through grade 12 to attend a private educational institution. The opportunity scholarship program 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.CommentsClose CommentsPermalink





(6) The opportunity scholarship program was established in accordance with the U.S. 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.CommentsClose CommentsPermalink





(7) Since the opportunity scholarship program’s inception, it has consistently been oversubscribed. Parents express strong support for the opportunity scholarship program. A rigorous analysis of the program by the Institute of Education Sciences (IES) shows statistically significant improvements in parental satisfaction and in reading scores that are even more dramatic when only those students consistently using the scholarships are considered.CommentsClose CommentsPermalink





(8) The DC opportunity scholarship program is a program that offers families in need, in the District of Columbia, important alternatives while public schools are improved. It is the sense of Congress that this program should continue 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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 4. GENERAL AUTHORITY.

(a) Authority- From funds appropriated to carry out this Act, the Secretary shall award grants on a competitive basis to eligible entities with approved applications under section 5 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 Act.CommentsClose CommentsPermalink





(b) Duration of Grants- The Secretary shall make grants under this section for a period of not more than 5 years.CommentsClose CommentsPermalink





(c) Memorandum of Understanding- The Secretary and the Mayor of the District of Columbia shall enter into a memorandum of understanding regarding the design of, selection of eligible entities to receive grants under, and implementation of, a program assisted under this Act.CommentsClose CommentsPermalink





(d) Special Rules- Notwithstanding any other provision of law--CommentsClose CommentsPermalink





(1) funding appropriated for the opportunity scholarship program under the Omnibus Appropriations Act, 2009, or any other Act, may be used to provide opportunity scholarships under section 7 to new applicants;CommentsClose CommentsPermalink





(2) each student application for admission in the program under this Act for the 2009-2010 school year that was received before the date of enactment of this Act shall be considered for admission into the program for such school year; andCommentsClose CommentsPermalink





(3) subject to the availability of appropriated funds, each student whose selection for admission in the program under this Act for the 2009-2010 school year was revoked by the Secretary before the date of enactment of this Act shall have the student’s admission reinstated for such school year.CommentsClose CommentsPermalink

SEC. 5. APPLICATIONS.

(a) In General- In order to receive a grant under this Act, 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.CommentsClose CommentsPermalink





(b) Contents- The Secretary may not approve the request of an eligible entity for a grant under this Act unless the entity’s application includes--CommentsClose CommentsPermalink





(1) a detailed description of--CommentsClose CommentsPermalink





(A) how the entity will address the priorities described in section 6;CommentsClose CommentsPermalink





(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 6;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(F) how the entity will determine the amount that will be provided to parents for the tuition, fees, and transportation expenses, if any;CommentsClose CommentsPermalink





(G) how the entity will--CommentsClose CommentsPermalink





(i) seek out private elementary schools and secondary schools in the District of Columbia to participate in the program; andCommentsClose CommentsPermalink





(ii) ensure that participating schools will meet the reporting and other requirements of this Act;CommentsClose CommentsPermalink





(H) how the entity will ensure that participating schools are financially responsible and will use the funds received under this Act effectively;CommentsClose CommentsPermalink





(I) how the entity will address the renewal of scholarships to participating eligible students, including continued eligibility; andCommentsClose CommentsPermalink





(J) how the entity will ensure that a majority of its voting board members or governing organization are residents of the District of Columbia; andCommentsClose CommentsPermalink





(2) an assurance that the entity will comply with all requests regarding any evaluation carried out under section 9.CommentsClose CommentsPermalink

SEC. 6. PRIORITIES.

In awarding grants under this Act, the Secretary shall give priority to applications from eligible entities that will most effectively--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(2) give priority to 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;CommentsClose CommentsPermalink





(3) target resources to students and families that lack the financial resources to take advantage of available educational options; andCommentsClose CommentsPermalink





(4) provide students and families with the widest range of educational options.CommentsClose CommentsPermalink

SEC. 7. USE OF FUNDS.

(a) Scholarships-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraphs (2) and (3), an eligible entity receiving a grant under this Act 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 2010-2011. Each such eligible entity shall ensure that the amount of any tuition or fees charged by a school participating in such eligible 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.CommentsClose CommentsPermalink





(2) PAYMENTS TO PARENTS- An eligible entity receiving a grant under this Act shall make scholarship payments under the 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.CommentsClose CommentsPermalink





(3) AMOUNT OF ASSISTANCE-CommentsClose CommentsPermalink





(A) VARYING AMOUNTS PERMITTED- Subject to the other requirements of this section, an eligible entity receiving a grant under this Act may award scholarships in larger amounts to those eligible students with the greatest need.CommentsClose CommentsPermalink





(B) ANNUAL LIMIT ON AMOUNT-CommentsClose CommentsPermalink





(i) LIMIT FOR SCHOOL YEAR 2010-2011- The amount of assistance provided to any eligible student by an eligible entity under a program under this Act for school year 2010-2011 may not exceed--CommentsClose CommentsPermalink





(I) $9,000 for attendance in kindergarten through grade 8; andCommentsClose CommentsPermalink





(II) $11,000 for attendance in grades 9 through 12.CommentsClose CommentsPermalink





(ii) CUMULATIVE INFLATION ADJUSTMENT- The limits described in clause (i) shall apply for each school year following school year 2010-2011, except that the Secretary shall adjust the maximum amounts of assistance (as described in clause (i) and adjusted under this clause for the preceding year) 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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) has and maintains a valid certificate of occupancy issued by the District of Columbia;CommentsClose CommentsPermalink





(B) makes readily available to all prospective students information on its school accreditation;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(D) has financial systems, controls, policies, and procedures to ensure that Federal funds are used according to this Act; andCommentsClose CommentsPermalink





(E) ensures that each teacher of core subject matter in the school has a baccalaureate degree or equivalent degree.CommentsClose CommentsPermalink





(b) Administrative Expenses- An eligible entity receiving a grant under this Act 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--CommentsClose CommentsPermalink





(1) determining the eligibility of students to participate;CommentsClose CommentsPermalink





(2) selecting eligible students to receive scholarships;CommentsClose CommentsPermalink





(3) determining the amount of scholarships and issuing the scholarships to eligible students; andCommentsClose CommentsPermalink





(4) compiling and maintaining financial and programmatic records.CommentsClose CommentsPermalink





(c) Parental Assistance- An eligible entity receiving a grant under this Act may use not more than 2 percent of the amount provided under the grant each year for the expenses of educating parents about the program under this Act and assisting parents through the application process under this Act during the year, including--CommentsClose CommentsPermalink





(1) providing information about the program and the participating schools to parents of eligible students;CommentsClose CommentsPermalink





(2) providing funds to assist parents of students in meeting expenses that might otherwise preclude the participation of eligible students in the program; andCommentsClose CommentsPermalink





(3) streamlining the application process for parents.CommentsClose CommentsPermalink





(d) Student Academic Assistance- An eligible entity receiving a grant under this Act 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 in the students’ new schools. If there are insufficient funds to pay for these costs for all such students, the eligible entity shall give priority 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) as of the time the student attended the school.CommentsClose CommentsPermalink

SEC. 8. NONDISCRIMINATION.

(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.CommentsClose CommentsPermalink





(b) Applicability and Single Sex Schools, Classes, or Activities-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(d) Religiously Affiliated Schools-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 9. EVALUATIONS.

(a) In General-CommentsClose CommentsPermalink





(1) DUTIES OF THE SECRETARY AND THE MAYOR- The Secretary and the Mayor of the District of Columbia shall--CommentsClose CommentsPermalink





(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, andCommentsClose CommentsPermalink





(B) make the evaluations public in accordance with subsection (c).CommentsClose CommentsPermalink





(2) DUTIES OF THE SECRETARY- The Secretary, through a grant, contract, or cooperative agreement, shall--CommentsClose CommentsPermalink





(A) ensure that the evaluation is conducted using the strongest possible research design for determining the effectiveness of the program funded under this Act that addresses the issues described in paragraph (4); andCommentsClose CommentsPermalink





(B) disseminate information on the impact of the program in increasing the academic growth and achievement of participating students, and on the impact of the program on students and schools in the District of Columbia.CommentsClose CommentsPermalink





(3) DUTIES OF THE INSTITUTE OF EDUCATION SCIENCES- The Institute of Education Sciences shall--CommentsClose CommentsPermalink





(A) use a grade appropriate measurement each school year to assess participating eligible students;CommentsClose CommentsPermalink





(B) measure the academic achievement of all participating eligible students; andCommentsClose CommentsPermalink





(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(2).CommentsClose CommentsPermalink





(4) ISSUES TO BE EVALUATED- The issues to be evaluated include the following:CommentsClose CommentsPermalink





(A) A comparison of the academic growth and achievement of participating eligible students in the measurements described in this section to the academic growth and achievement of--CommentsClose CommentsPermalink





(i) students in the same grades in the District of Columbia public schools; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) The success of the program in expanding choice options for parents.CommentsClose CommentsPermalink





(C) The reasons parents choose for their children to participate in the program.CommentsClose CommentsPermalink





(D) A comparison of the retention rates, dropout rates, and (if appropriate) graduation and college admission rates, of students who participate in the program funded under this Act 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 program.CommentsClose CommentsPermalink





(E) The impact of the program on students, and public elementary schools and secondary schools, in the District of Columbia.CommentsClose CommentsPermalink





(F) A comparison of the safety of the schools attended by students who participate in the program funded under this Act and the schools attended by students who do not participate in the program, based on the perceptions of the students and parents and on objective measures of safety.CommentsClose CommentsPermalink





(G) Such other issues as the Secretary considers appropriate for inclusion in the evaluation.CommentsClose CommentsPermalink





(H) An analysis of the issues described in subparagraphs (A) through (G) with respect to the subgroup of eligible students participating in the program funded under this Act who consistently use the opportunity scholarships to attend a participating school.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Reports- The Secretary shall submit to the Committees on Appropriations, Education and Labor, 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--CommentsClose CommentsPermalink





(1) annual interim reports, not later than December 1 of each year for which a grant is made under this Act, on the progress and preliminary results of the evaluation of the program funded under this Act; andCommentsClose CommentsPermalink





(2) a final report, not later than 1 year after the final year for which a grant is made under this Act, on the results of the evaluation of the program funded under this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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 to carry out this Act for the fiscal year.CommentsClose CommentsPermalink

SEC. 10. REPORTING REQUIREMENTS.

(a) Activities Reports- Each eligible entity receiving funds under this Act 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.CommentsClose CommentsPermalink





(b) Achievement Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- In addition to the reports required under subsection (a), each grantee receiving funds under this Act 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 to the Secretary a report, including any pertinent data collected in the preceding 2 academic years, concerning--CommentsClose CommentsPermalink





(A) the academic growth and achievement of students participating in the program;CommentsClose CommentsPermalink





(B) the graduation and college admission rates of students who participate in the program, where appropriate; andCommentsClose CommentsPermalink





(C) parental satisfaction with the program.CommentsClose CommentsPermalink





(2) PROHIBITING DISCLOSURE OF PERSONAL INFORMATION- No report under this subsection may contain any personally identifiable information.CommentsClose CommentsPermalink





(c) Reports to Parent-CommentsClose CommentsPermalink





(1) IN GENERAL- Each grantee receiving funds under this Act shall ensure that each school participating in the grantee’s program under this Act 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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) the safety of the school, including the incidence of school violence, student suspensions, and student expulsions.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Report to Congress- 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).CommentsClose CommentsPermalink

SEC. 11. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

(a) Testing- Students participating in a program under this Act shall take a nationally norm-referenced standardized test in reading and mathematics. Results of such test shall be reported to the student’s parent and the Institute of Education Sciences. To preserve confidentiality, at no time should results for individual students or schools be released to the public.CommentsClose CommentsPermalink





(b) 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).CommentsClose CommentsPermalink





(c) Rules of Conduct and Other School Policies- A participating school, including a participating school described in section 8(d), may require eligible students to abide by any rules of conduct and other requirements applicable to all other students at the school.CommentsClose CommentsPermalink

SEC. 12. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) ELIGIBLE ENTITY- The term ‘eligible entity’ means any of the following:CommentsClose CommentsPermalink





(A) A nonprofit organization.CommentsClose CommentsPermalink





(B) A consortium of nonprofit organizations.CommentsClose CommentsPermalink





(3) ELIGIBLE STUDENT- The term ‘eligible student’ means a student who is a resident of the District of Columbia and comes from a household--CommentsClose CommentsPermalink





(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.); orCommentsClose CommentsPermalink





(B) whose income does not exceed--CommentsClose CommentsPermalink





(i) 185 percent of the poverty line;CommentsClose CommentsPermalink





(ii) in the case of a student in a household that had a student participating in a program under this Act for the preceding school year, 250 percent of the poverty line; orCommentsClose CommentsPermalink





(iii) in the case of a student in a household that had a student participating in a program under the DC School Choice Incentive Act of 2003 (Public Law 108-199; 118 Stat. 126) on or before the date of enactment of this Act, 300 percent of the poverty line.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(6) 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.CommentsClose CommentsPermalink





(7) SECRETARY- The term ‘Secretary’ means the Secretary of Education.CommentsClose CommentsPermalink

SEC. 13. TRANSITION PROVISIONS.

(a) Repeal- The DC School Choice Incentive Act of 2003 (title III of division C of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126)) is repealed.CommentsClose CommentsPermalink





(b) Reauthorization of Program- This Act shall be deemed to be the reauthorization of the opportunity scholarship program under the DC School Choice Incentive Act of 2003.CommentsClose CommentsPermalink





(c) Orderly Transition- Subject to subsections (d) and (e), 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 (Public Law 108-199; 118 Stat. 126), as the DC School Choice Incentive Act of 2003 was in effect on the day before the date of enactment of this Act.CommentsClose CommentsPermalink





(d) Rule of Construction- Nothing in this Act or a repeal made by this Act shall be construed to alter or affect the memorandum of understanding entered into with the District of Columbia, or any grant or contract awarded, under the DC School Choice Incentive Act of 2003 (Public Law 108-199; 118 Stat. 126), as the DC School Choice Incentive Act of 2003 was in effect on the day before the date of enactment of this Act.CommentsClose CommentsPermalink





(e) Multi-year Awards- The recipient of a multi-year grant or contract award under the DC School Choice Incentive Act of 2003 (Public Law 108-199; 118 Stat. 126), as the DC School Choice Incentive Act of 2003 was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions of such award.CommentsClose CommentsPermalink

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

(a) Fiscal Year 2010- There are authorized to be appropriated--CommentsClose CommentsPermalink





(1) to carry out this Act, $20,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 4 succeeding fiscal years;CommentsClose CommentsPermalink





(2) for the District of Columbia public schools, in addition to any other amounts available for District of Columbia public schools, $20,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 4 succeeding fiscal years; andCommentsClose CommentsPermalink





(3) for District of Columbia public charter schools, in addition to any other amounts available for District of Columbia public charter schools, $20,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 4 succeeding fiscal years.CommentsClose CommentsPermalink

Calendar No. 145CommentsClose CommentsPermalink

To reauthorize the DC opportunity scholarship program, and for other purposes.CommentsClose CommentsPermalink

July 31, 2009CommentsClose CommentsPermalink