[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 471 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 471
To reauthorize the DC opportunity scholarship program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 2011
Mr. Boehner (for himself, Mr. Issa, Mr. Kline, Mr. Lipinski, Mr.
Hunter, and Mr. Gowdy) introduced the following bill; which was
referred to the Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To reauthorize the DC opportunity scholarship program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 a detailed description of--
(1) how the entity will address the priorities described in
section 6;
(2) 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;
(3) 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;
(4) how the entity will notify parents of eligible students
of the expanded choice opportunities in order to allow the
parents to make informed decisions;
(5) 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);
(6) how the entity will determine the amount that will be
provided to parents for the tuition, fees, and transportation
expenses, if any;
(7) how the entity will seek out private elementary schools
and secondary schools in the District of Columbia to
participate in the program;
(8) how the entity will ensure that each participating
school will meet the reporting and other program requirements
under this Act;
(9) 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;
(10) how the entity will ensure that participating schools
are financially responsible and will use the funds received
under section 7 effectively;
(11) how the entity will address the renewal of
scholarships to participating eligible students, including
continued eligibility;
(12) how the entity will ensure that a majority of its
voting board members or governing organization are residents of
the District of Columbia; and
(13) 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
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);
(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; 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 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)(9);
(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.
(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; and
(4) compiling and maintaining financial and programmatic
records.
(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 administer
a nationally norm-referenced standardized test in reading and
math to each student enrolled in the school who is receiving an
opportunity scholarship. The results of such test shall be
reported to the student's parents or legal guardians and the
Secretary (through the Institute of Education Sciences of the
Department of Education) for the purposes of conducting the
evaluation under section 9(a).
(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; and
(C) 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 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 measurement 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 in the District of Columbia public schools
and the District of Columbia public charter schools 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.
(D) A comparison of the retention rates, drop out
rates, and (if appropriate) graduation and college
admission rates, of participating eligible students
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.
(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 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 and on
objective measures of safety.
(G) Such other issues with respect to participating
eligible students as the Secretary considers
appropriate for inclusion in the evaluation.
(H) Carrying out an analysis of the issues
described in subparagraphs (A) through (G) 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''.
(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 December 1 of
each year for which a grant is made under section 4(a), 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 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 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.
(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 of 2010
(Public Law 111-117; 123 Stat. 3181) are repealed; 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, 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) 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).
(7) 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.
(8) 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.
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