[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10 Introduced in House (IH)]
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114th CONGRESS
1st Session
H. R. 10
To reauthorize the Scholarships for Opportunity and Results Act, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 5, 2015
Mr. Boehner (for himself, Mr. Chaffetz, Mr. Kline, Mr. Lipinski, Mr.
Rokita, Mr. Frelinghuysen, and Mr. Messer) introduced the following
bill; which was referred to the Committee on Oversight and Government
Reform
_______________________________________________________________________
A BILL
To reauthorize the Scholarships for Opportunity and Results Act, 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; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Scholarships for
Opportunity and Results Reauthorization Act'' or the ``SOAR
Reauthorization Act''.
(b) References in Act.--Whenever in this Act an amendment is
expressed in terms of an amendment to or repeal of a section or other
provision, the reference shall be considered to be made to that section
or other provision of the Scholarships for Opportunity and Results Act
(division C of Public Law 112-10; sec. 38-1853.01 et seq., D.C.
Official Code).
SEC. 2. FINDINGS; PURPOSE.
(a) 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 children.
(2) In 1995, Congress passed the DC School Reform Act,
which granted the District of Columbia the authority to create
public charter schools and gave parents greater educational
options for their children.
(3) In 2003, in partnership with the Mayor of the District
of Columbia, the chairman of the DC Council Education
Committee, and community activists, 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 private elementary or secondary
school of their choice.
(4) The DC Opportunity Scholarship Program (DC OSP) was
part of a comprehensive three-part funding arrangement that
provided additional funds for both the District of Columbia
public schools and public charter schools of the District of
Columbia. The intent behind the additional resources was to
ensure both District of Columbia public and charter schools
continued to improve.
(5) In 2011, Congress enacted the three-part funding
arrangement when it reauthorized the DC OSP and passed the
Scholarships for Opportunity and Results (SOAR) Act (division C
of Public Law 112-10) with bipartisan support.
(6) While the National Center for Education Statistics
indicates that per pupil expenditure for public schools in the
District of Columbia is the highest in the United States,
performance on the National Assessment of Educational Progress
(NAEP) continues to be near the bottom of the country when
examining scores in mathematics and reading for fourth and
eighth grades. When Congress passed the DC School Choice
Incentive Act of 2003, students in the District of Columbia
ranked 52 out of 52 States (including the Department of Defense
schools). Since that time, the District of Columbia has made
significant gains in mathematics and reading. However, students
in the District of Columbia still rank in the bottom three
States out of 52 States. According to the 2013 fourth grade
math NAEP results, 34 percent of students are below basic, 38
percent are at basic, and 28 percent are at proficient or
advanced. The 2013 fourth grade reading results found that 50
percent of fourth grade students in the District of Columbia
are at or below basic, 27 percent are at basic, and 23 percent
are proficient or advanced.
(7) Since the inception of the DC OSP, there has been
strong demand for the program by parents and the citizens of
the District of Columbia. In fact, 74 percent of District of
Columbia residents support continuing the program (based on the
Lester & Associates February 2011 Poll).
(8) Since the program's inception, parental satisfaction
has remained high. The program has also been found to result in
significantly higher graduation rates for those students who
have received and used their opportunity scholarships.
(9) The DC OSP offers low-income families in the District
of Columbia important educational alternatives while public
schools are improved. The program should continue to be
reauthorized as part of a three-part comprehensive funding
strategy for the District of Columbia school system providing
equal funding for public schools, public charter schools, and
opportunity scholarships for students to attend private
schools.
(b) Purpose.--It is the purpose of this Act to amend the
Scholarships for Opportunity and Results Act to provide low-income
parents residing in the District of Columbia with expanded educational
opportunities for enrolling their children in other schools in the
District of Columbia, and provide resources to support educational
reforms for District of Columbia Public Schools and District of
Columbia public charter schools.
SEC. 3. PROHIBITING IMPOSITION OF LIMITS ON TYPES OF ELIGIBLE STUDENTS
PARTICIPATING IN THE PROGRAM.
Section 3004(a) (sec. 38-1853.04(a), D.C. Official Code) is amended
by adding at the end the following new paragraph:
``(3) Prohibiting imposition of limits on eligible students
participating in the program.--
``(A) In general.--In carrying out the program
under this division, the Secretary may not limit the
number of eligible students receiving scholarships
under section 3007(a), and may not prevent otherwise
eligible students from participating in the program
under this Act, on any of the following grounds:
``(i) The type of school the student
previously attended.
``(ii) Whether or not the student
previously received a scholarship or
participated in the program.
``(iii) Whether or not the student was a
member of the control group used by the
Institute of Education Sciences to carry out
previous evaluations of the program under
section 3009.
``(B) Rule of construction.--Nothing in
subparagraph (A) may be construed to waive the
requirement under section 3005(b)(1)(B) that the entity
carrying out the program under this Act must carry out
a random selection process which gives weight to the
priorities described in section 3006 if more eligible
students seek admission in the program than the program
can accommodate.''.
SEC. 4. REQUIRING ELIGIBLE ENTITIES TO UTILIZE INTERNAL FISCAL AND
QUALITY CONTROLS.
Section 3005(b)(1) (sec. 38-1853.05(b)(1), D.C. Official Code) is
amended--
(1) by striking ``and'' at the end of subparagraph (K); and
(2) by adding at the end the following new subparagraph:
``(M) how the entity will ensure that it utilizes
internal fiscal and quality controls; and''.
SEC. 5. CLARIFICATION OF PRIORITIES FOR AWARDING SCHOLARSHIPS TO
DETERMINING ELIGIBLE STUDENTS.
Section 3006(1) (sec. 38-1853.06(1), D.C. Official Code) is
amended--
(1) in subparagraph (A), by striking ``identified for
improvement, corrective action, or restructuring under section
1116 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6316)'' and inserting ``identified as a low-achieving
school according to the Office of the State Superintendent of
Education of the District of Columbia''; and
(2) in subparagraph (C), by striking the semicolon at the
end and inserting the following: ``, or whether such students
have, in the past, attended a private school;''.
SEC. 6. MODIFICATION OF REQUIREMENTS FOR PARTICIPATING SCHOOLS AND
ELIGIBLE ENTITIES.
(a) Criminal Background Checks; Compliance With Reporting
Requirements.--Section 3007(a)(4) (sec. 38-1853.07(a)(4), D.C. Official
Code) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) conducts criminal background checks on school
employees who have direct and unsupervised interaction
with students; and
``(H) complies with all requests for data and
information regarding the reporting requirements
described in section 3010.''.
(b) Accreditation.--Section 3007(a) (sec. 38-1853.07(a), D.C.
Official Code) is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2), (3), and (5)''; and
(2) by adding at the end the following new paragraph:
``(5) Accreditation requirements.--
``(A) In general.--None of the funds provided under
this division for opportunity scholarships may be used
by an eligible student to enroll in a participating
private school unless one of the following applies:
``(i) In the case of a school that, as of
the date of enactment of the SOAR
Reauthorization Act, is a participating school,
the school is provisionally or fully accredited
by an accrediting body described in
subparagraphs (A) through (G) of section
2202(16) of the District of Columbia School
Reform Act of 1995 (sec. 38-1802.02(16)(A-G),
D.C. Official Code), or by any other
accrediting body determined appropriate by the
District of Columbia Office of the State
Superintendent for Schools for the purposes of
accrediting an elementary or secondary school.
``(ii) In the case of a school that, as of
the day before the date of enactment of the
SOAR Reauthorization Act, is a participating
school but does not meet the requirements of
clause (i)--
``(I) not later than 1 year after
the date of enactment of such Act, the
school is pursuing full accreditation
by an accrediting body described in
clause (i); and
``(II) not later than 5 years after
the date of enactment of such Act, the
school meets the requirements of clause
(i), except that an eligible entity may
extend this deadline for a single 1-
year period if the school provides the
eligible entity with evidence from such
an accrediting body that the school's
application for accreditation is in
process and that the school will be
awarded accreditation before the end of
such period.
``(iii) In the case of a school that, as of
the date of enactment of the SOAR
Reauthorization Act, is not a participating
school, the school meets the requirements of
clause (i) or, if it does not meet the
requirements of clause (i)--
``(I) the school is actively
pursuing full accreditation by an
accrediting body described in clause
(i); and
``(II) the school meets all of the
other requirements for participating
schools under this Act.
``(B) Reports to eligible entity.--Not later than 5
years after the date of enactment of the SOAR
Reauthorization Act, each participating school shall
submit to the eligible entity a certification that the
school has been fully or provisionally accredited in
accordance with subparagraph (A), or has been granted
an extension by the eligible entity in accordance with
subparagraph (A)(ii)(II).
``(C) Assisting students in enrolling in other
schools.--If a participating school fails to meet the
requirements of subparagraph (A), the eligible entity
shall assist the parents of the eligible students who
attend the school in identifying, applying to, and
enrolling in another participating school under this
Act.''.
(c) Use of Funds for Administrative Expenses and Parental
Assistance.--Section 3007 (sec. 38-1853.07, D.C. Official Code) is
amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Administrative Expenses and Parental Assistance.--The
Secretary shall make $2,000,000 of the amount provided under the grant
each year available to an eligible entity receiving a grant under
section 3004(a) to cover the following expenses:
``(1) The administrative expenses of carrying out its
program under this Act during the year, including--
``(A) determining the eligibility of students to
participate;
``(B) selecting the eligible students to receive
scholarships;
``(C) determining the amount of the scholarships
and issuing the scholarships to eligible students;
``(D) compiling and maintaining financial and
programmatic records; and
``(E) conducting site visits as described in
section 3005(b)(1)(l).
``(2) The expenses of educating parents about the entity's
program under this Act, and assisting parents through the
application process under this Act, including--
``(A) providing information about the program and
the participating schools to parents of eligible
students;
``(B) providing funds to assist parents of students
in meeting expenses that might otherwise preclude the
participation of eligible students in the program; and
``(C) streamlining the application process for
parents.''; and
(2) by redesignating subsection (d) as subsection (c).
(d) Clarification of Use of Funds for Student Academic
Assistance.--Section 3007(c) (sec. 38-1853.07(c), D.C. Official Code),
as redesignated by subsection (c)(2), is amended by striking
``identified for improvement, corrective action, or restructuring under
section 1116 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6316)'' and inserting ``identified as a low-achieving school
according to the Office of the State Superintendent of Education of the
District of Columbia''.
(e) Permitting Use of Funds Remaining Unobligated From Previous
Fiscal Years.--Section 3007 (sec. 38-1853.07, D.C. Official Code), as
amended by this section, is amended by adding at the end the following
new subsection:
``(d) Permitting Use of Funds Remaining Unobligated From Previous
Fiscal Years.--To the extent that any funds appropriated for the
opportunity scholarship program under this Act for a fiscal year remain
unobligated at the end of the fiscal year, the Secretary shall make
such funds available during subsequent fiscal years for scholarships
for eligible students, except that an eligible entity may use not more
than 5 percent of the funds for administrative expenses, parental
assistance, and tutoring, in addition to the amounts appropriated for
such purposes under section 3007(b) and (c).''.
SEC. 7. PROGRAM EVALUATION.
(a) Revision of Evaluation Procedures and Requirements.--
(1) In general.--Section 3009(a) (sec. 38-1853.09(a), D.C.
Official Code) is amended to read as follows:
``(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 opportunity
scholarship 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
subparagraphs (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 an acceptable
quasi-experimental research design for
determining the effectiveness of the
opportunity scholarship program under this Act
which does not use a control study group
consisting of students who applied for but who
did not receive opportunity scholarships; and
``(ii) addresses the issues described in
paragraph (4); and
``(B) disseminate information on the impact of the
program--
``(i) in increasing academic achievement
and educational attainment 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) assess participating eligible students in
each of the grades 3 through 8, as well as one of the
grades in the high school level, by supervising the
administration of the same reading and math assessment
used by the District of Columbia Public Schools to
comply with section 1111(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b));
``(B) measure the academic achievement of all
participating students in the grades described in
subparagraph (A); and
``(C) work with the eligible entities to ensure
that the parents of each student who receives a
scholarship under this Act agree to permit the student
to participate in the evaluations and assessments
carried out by the Institute under this subsection.
``(4) Issues to be evaluated.--The issues to be evaluated
under paragraph (1)(A) shall include the following:
``(A) A comparison of the academic achievement of
participating eligible students in the measurements
described in paragraph (3) to the academic achievement
of a comparison group of students with similar
backgrounds in the District of Columbia Public Schools.
``(B) The success of the program under this Act in
expanding choice options for parents of participating
eligible students and increasing their satisfaction
with their child's school.
``(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, college admission rates,
college persistence rates, and college graduation rates
of participating eligible students with the rates of
students in the comparison group described in
subparagraph (A).
``(E) A comparison of the college admission rates,
college persistence rates, and college graduation rates
of students who participated in the program in 2004,
2005, 2011, 2012, 2013, 2014, and 2015 as the result of
winning the Opportunity Scholarship Program lottery
with the rates of students who entered but did not win
such lottery in those years and who, as a result,
served as the control group for previous evaluations of
the program under this Act.
``(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 in the comparison group described in
subparagraph (A), based on the perceptions of the
students and parents.
``(G) 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.
``(5) Prohibiting disclosure of personal information.--
``(A) In general.--Any disclosure of personally
identifiable information shall be in compliance with
section 444 of the General Education Provisions Act
(commonly known as the `Family Educational Rights and
Privacy Act of 1974') (20 U.S.C. 1232g).
``(B) Students not attending public schools.--With
respect to any student who is not attending a public
elementary school or secondary school, personally
identifiable information may not be disclosed outside
of the group of individuals carrying out the evaluation
for such student, other than to the parents of such
student.''.
(2) Transition from current evaluation.--The Secretary of
Education shall terminate the current evaluations conducted
under section 3009(a) of the Scholarships for Opportunity and
Results Act (sec. 38-1853.09, D.C. Official Code), as in effect
prior to the date of enactment of this Act, after obtaining
data for the 2015-2016 school year, and shall submit the
reports required with respect to the evaluations in accordance
with section 3009(b) of such Act. Effective with respect to the
2016-2017 school year, the Secretary shall conduct new
evaluations in accordance with the provisions of section
3009(a) of such Act as amended by this Act.
(b) Duty of Mayor To Ensure Institute Has All Information Necessary
To Carry Out Evaluations.--Section 3011(a)(1) (sec. 38-1853.11(a)(1),
D.C. Official Code) is amended to read as follows:
``(1) Information necessary to carry out evaluations.--
Ensure that all District of Columbia public schools and
District of Columbia public charter schools make available to
the Institute of Education Sciences of the Department of
Education all of the information the Institute requires to
carry out the assessments and perform the evaluations required
under section 3009(a).''.
SEC. 8. FUNDING FOR DISTRICT OF COLUMBIA PUBLIC SCHOOLS AND PUBLIC
CHARTER SCHOOLS.
(a) Mandatory Withholding of Funds for Failure To Comply With
Conditions.--Section 3011(b) (sec. 38-1853.11(b), D.C. Official Code)
is amended to read as follows:
``(b) Enforcement.--If, after reasonable notice and an opportunity
for a hearing, the Secretary determines that the Mayor has failed to
comply with any of the requirements of subsection (a), the Secretary
may withhold from the Mayor, in whole or in part--
``(1) the funds otherwise authorized to be appropriated
under section 3014(a)(2), if the failure to comply relates to
the District of Columbia public schools;
``(2) the funds otherwise authorized to be appropriated
under section 3014(a)(3), if the failure to comply relates to
the District of Columbia public charter schools; or
``(3) the funds otherwise authorized to be appropriated
under both section 3014(a)(2) and section 3014(a)(3), if the
failure relates to both the District of Columbia public schools
and the District of Columbia public charter schools.''.
(b) Rules for Use of Funds Provided for Support of Public Charter
Schools.--Section 3011 (sec. 38-1853.11, D.C. Official Code) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Specific Rules Regarding Funds Provided for Support of Public
Charter Schools.--The following rules shall apply with respect to the
funds provided under this Act for the support of District of Columbia
public charter schools:
``(1) The Secretary may direct the funds provided for any
fiscal year, or any portion thereof, to the Office of the State
Superintendent of Education of the District of Columbia (OSSE).
``(2) The OSSE may transfer the funds to subgrantees who
are specific District of Columbia public charter schools or
networks of such schools or who are District of Columbia-based
non-profit organizations with experience in successfully
providing support or assistance to District of Columbia public
charter schools or networks of schools.
``(3) The funds shall be available to any District of
Columbia public charter school in good standing with the
District of Columbia Charter School Board (Board), and the OSSE
and Board may not restrict the availability of the funds to
certain types of schools on the basis of the school's location,
governing body, or any other characteristic.''.
SEC. 9. REVISION OF CURRENT MEMORANDUM OF UNDERSTANDING.
The Secretary of Education and the Mayor of the District of
Columbia shall revise the memorandum of understanding which is in
effect under section 3012(d) of the Scholarships for Opportunity and
Results Act (sec. 38-1853.12(d), D.C. Official Code) as of the day
before the date of the enactment of this Act to address the following:
(1) The amendments made by this Act.
(2) The need to ensure that participating schools under
such Act meet fire code standards and maintain certificates of
occupancy.
(3) The need to ensure that District of Columbia public
schools and District of Columbia public charter schools meet
the requirements under such Act to comply with all reasonable
requests for information necessary to carry out the evaluations
required under section 3009(a) of such Act.
SEC. 10. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.
Section 3014(a) (sec. 38-1853.14(a), D.C. Official Code) is amended
by striking ``each of the 4 succeeding fiscal years'' and inserting
``each of the 9 succeeding fiscal years''.
SEC. 11. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to school
year 2016-2017 and each succeeding school year.
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