[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1014 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1014

To amend the Elementary and Secondary Education Act of 1965 to provide 
parental choice for those students that attend schools that are in need 
       of improvement and have been identified for restructuring.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2007

 Mr. Alexander (for himself, Mr. Ensign, Mr. Martinez, and Mr. DeMint) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to provide 
parental choice for those students that attend schools that are in need 
       of improvement and have been identified for restructuring.

    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 ``Empowering Parents Through Choice 
Act''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to support State and local efforts to 
enable students from low-income families who attend a school identified 
for restructuring under section 1116(b)(8) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6316(b)(8))--
            (1) to attend a private elementary school or secondary 
        school, or a public elementary school or secondary school 
        outside the student's home school district, including a public 
        charter school; or
            (2) to receive intensive, sustained supplemental 
        educational services.

SEC. 3. PROMISE SCHOLARSHIPS FOR PARENTS AND STUDENTS.

    Section 1116(b)(8) of that Act (20 U.S.C. 6316(b)(8)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii) by striking ``and'' at the end;
                    (B) by redesignating clause (iii) as clause (iv); 
                and
                    (C) by inserting after clause (ii) the following:
                            ``(iii) make scholarships available to 
                        students to attend a private elementary or 
                        secondary school chosen by the student's 
                        parents; and'';
            (2) by redesignating subparagraph (C) as subparagraph (F); 
        and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) Special rule for private school choice.--If a 
                local education agency implements subparagraph 
                (A)(iii), it shall--
                            ``(i) apply fair and equitable procedures 
                        for awarding scholarships under that 
                        subparagraph when the number of applicants 
                        exceeds available funding, which must include 
                        giving priority to students whose schools are 
                        in the second or a later year of restructuring 
                        under section 1116(b)(8);
                            ``(ii) make scholarship payments to the 
                        parents of the students, in a manner that 
                        ensures that those payments are used only for 
                        the payment of tuition, fees, and necessary 
                        transportation expenses, in accordance with 
                        this section;
                            ``(iii) ensure that the amount a student 
                        receives under such a scholarship for an 
                        academic year, together with any funds the 
                        student receives under section 1116(e) for that 
                        academic year--
                                    ``(I) does not exceed $4,000; and
                                    ``(II) does not exceed the costs, 
                                including necessary transportation and 
                                other expenses, to attend the private 
                                elementary or secondary school;
                            ``(iv) if a student uses such a 
                        scholarship, continue to provide such a 
                        scholarship to that student for each academic 
                        year thereafter until the student completes the 
                        grade that is the final grade taught at the 
                        school that the student attended before using 
                        the scholarship;
                            ``(v) assess that student in reading or 
                        language arts, mathematics, and science (at the 
                        grade levels specified in section 
                        1111(b)(3)(C)) by using the State assessments 
                        administered under section 1111(b)(3), and 
                        include the student's scores on those 
                        assessments in its annual report cards under 
                        section 1111(h)(2) and in determining whether 
                        the school and local educational agency made 
                        adequate yearly progress under section 1111;
                            ``(vi) separately display, for the local 
                        educational agency as a whole, the assessment 
                        results for students using the scholarships in 
                        its annual report cards under section 
                        1111(h)(2), except where doing so would reveal 
                        personally identifiable information about an 
                        individual student.
                    ``(D) Special rule for private schools.--A private 
                elementary or secondary school that enrolls a student 
                who is using a scholarship under subparagraph (A)(iii) 
                shall--
                            ``(i) assess that student in reading or 
                        language arts, mathematics, and science (at the 
                        grade levels specified in section 
                        1111(b)(3)(C)) by using either the State 
                        assessments administered under section 
                        1111(b)(3) or nationally normed assessments; 
                        and
                            ``(ii) provide the results of those 
                        assessments to the local educational agency 
                        that made the scholarship available.
                    ``(E) Nondiscrimination.--
                            ``(i) In general.--A local educational 
                        agency or private elementary or secondary 
                        school participating in any program under 
                        subparagraph (A)(iii) shall not discriminate 
                        against participants or applicants on the basis 
                        of race, color, national origin, religion, or 
                        sex.
                            ``(ii) Religious tenets or beliefs with 
                        respect to sex.--The prohibition of sex 
                        discrimination in clause (i) does 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 that prohibition is inconsistent 
                        with the religious tenets or beliefs of the 
                        school.
                            ``(iii) Single-sex education.--
                        Notwithstanding the prohibition of sex 
                        discrimination in clause (i), a participating 
                        school may offer, and a participating parent 
                        may choose, a single-sex school, class, or 
                        activity.
                            ``(iv) Neutrality.--Section 909 of the 
                        Education Amendments of 1972 (20 U.S.C. 1688) 
                        shall apply to a program under subparagraph 
                        (A)(iii).
                            ``(v) Children with disabilities.--
                        Subparagraphs (C), (D), and (E) do not affect 
                        any requirement of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1400 et 
                        seq.).
                            ``(vi) Matters of employment.--
                        Notwithstanding clause (i), a private 
                        elementary or secondary school participating in 
                        any program under subparagraph (A)(iii) 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 that title.
                            ``(vii) First amendment.--Consistent with 
                        the First Amendment to the Constitution of the 
                        United States, a participating school shall 
                        not, by reason of receiving funds under a 
                        program under subparagraph (A)(iii), be 
                        required to--
                                    ``(I) change its teaching mission;
                                    ``(II) remove religious art, icons, 
                                scriptures, or other symbols;
                                    ``(III) remove religious terms or 
                                references from its name, mission 
                                statement, or other chartering or 
                                governing documents; or
                                    ``(IV) refrain from using religion 
                                as a basis in selecting its board 
                                members.''.

SEC. 4. OPPORTUNITY SCHOLARSHIPS FOR PARENTS AND STUDENTS.

    Part B of title I of the Elementary and Secondary Education Act of 
1965 is amended by adding at the end the following:

     ``Subpart 5--Opportunity Scholarships for Parents and Students

``SEC. 1261. DEFINITIONS.

    ``In this subpart:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency;
                    ``(B) a State educational agency; or
                    ``(C) a nonprofit organization or a consortium of 
                nonprofit organizations.
            ``(2) Eligible student.--The term `eligible student' means 
        a student from a low-income family who--
                    ``(A) with respect to a school identified for 
                restructuring under section 1116(b)(8)--
                            ``(i) is eligible to enroll in the 
                        beginning grade of the school;
                            ``(ii) except as provided in subparagraph 
                        (C), attended the school for the entire school 
                        year preceding the identification;
                            ``(iii) in the case of a student who 
                        transfers to the school to attend any grade 
                        beyond the beginning grade of the school, 
                        attends the school for the remainder of the 
                        school year in which the transfer occurs; or
                            ``(iv) received a scholarship under this 
                        subpart in a preceding school year due to such 
                        identification; or
                    ``(B) is a sibling of a student described in any 1 
                of clauses (i) through (iv) of subparagraph (A).
            ``(3) Low-income family.--The term `low-income family' 
        means a family whose income does not exceed 185 percent of the 
        poverty line, except that in the case of a student 
        participating in a project under this subpart for a second or 
        any succeeding school year the term includes a family whose 
        income does not exceed 220 percent of the poverty line.
            ``(4) Poverty line.--The term `poverty line' means the 
        income official poverty line (as defined by the Office of 
        Management and Budget, and revised annually in accordance with 
        section 673(2) of the Community Services Block Grant Act (42 
        U.S.C. 9902(2)) applicable to a family of the size involved.
            ``(5) Private provider.--The term `private provider' means 
        a nonprofit or for-profit private provider of supplemental 
        educational services described in section 1116(e)(1) that is on 
        the updated list of approved providers maintained by the State 
        educational agency under section 1116(e)(4)(C).
            ``(6) Supplemental educational services.--The term 
        `supplemental educational services' has the meaning given the 
        term in section 1116(e)(12)(C).

``SEC. 1262. PROGRAM AUTHORIZED.

    ``(a) Authority.--
            ``(1) In general.--Subject to paragraph (2) and from 
        amounts appropriated under section 1264 for a fiscal year, the 
        Secretary shall award grants, on a competitive basis, to 
        eligible entities to support projects that provide--
                    ``(A) scholarships to enable eligible students to 
                attend--
                            ``(i) the private elementary school or 
                        secondary school of their parent's choice; or
                            ``(ii) a public elementary school or 
                        secondary school of their parents' choice 
                        outside of the eligible student's home school 
                        district, consistent with State law; or
                    ``(B) eligible students with intensive, sustained 
                supplemental educational services on an annual basis.
            ``(2) Scholarship duration rule.--Each eligible entity that 
        receives a grant under this subpart shall award a scholarship 
        under this subpart only to an eligible student for--
                    ``(A)(i) in the case of an eligible student 
                described in section 1261(2)(A), the first school year 
                for which the eligible student is eligible to receive 
                the scholarship with respect to a school identified for 
                restructuring under section 1116(b)(8); and
                    ``(ii) in the case of an eligible student described 
                in section 1261(2)(B), the first school year taught at 
                the school so identified; and
                    ``(B) each subsequent school year through the 
                school year applicable to the final grade taught at the 
                school so identified.
    ``(b) Duration of Grants.--The Secretary may award grants under 
this subpart for a period of not more than 5 years.
    ``(c) Priorities.--In awarding grants under this subpart, the 
Secretary shall give priority to eligible entities that--
            ``(1) make scholarships available to students to attend a 
        private elementary or secondary school chosen by the student's 
        parents as authorized under section 1116(b)(8)(A)(iii);
            ``(2) propose to serve eligible students in a local 
        educational agency with a large number or percentage of schools 
        identified for restructuring under section 1116(b)(8);
            ``(3) possess the knowledge and capacity to inform parents 
        of eligible students, in urban, suburban, and rural areas, 
        about public and private elementary school and secondary school 
        options; and
            ``(4) will augment the scholarships provided to eligible 
        students under this subpart in order to help ensure that 
        parents can afford the cost (including tuition, fees, and 
        necessary transportation expenses) of the schools the parents 
        choose to have their children attend under this subpart.
    ``(d) Application Requirements.--
            ``(1) In general.--To be considered for a grant under this 
        subpart, an eligible entity shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may reasonably require.
            ``(2) Contents.--The application shall, at a minimum, 
        include a description of--
                    ``(A) the eligible entity's plan for--
                            ``(i) recruiting private schools, local 
                        educational agencies, charter schools, and 
                        private providers to participate in the project 
                        in order to meet eligible student demand for 
                        private and public school admission and 
                        supplemental educational services; and
                            ``(ii) ensuring that participating schools 
                        that enroll eligible students receiving 
                        scholarships under this subpart, and private 
                        providers participating in the project, will 
                        meet the applicable requirements of the 
                        project;
                    ``(B) each school identified for restructuring that 
                will be served under the project, including--
                            ``(i) the name of each such school; and
                            ``(ii) such demographic and socioeconomic 
                        information as the Secretary may require;
                    ``(C) how the eligible entity will work with the 
                identified schools and the local educational agency to 
                identify the parents of eligible students (including 
                through contracts or cooperative agreements with the 
                public school or local educational agency) consistent 
                with the requirements of the Family Educational Rights 
                and Privacy Act of 1974 (20 U.S.C. 1232g);
                    ``(D) how the eligible entity will structure the 
                project in a manner that permits eligible students to 
                participate in the second and succeeding school years 
                of the project if the schools the eligible students 
                attend with scholarship assistance under this subpart 
                are subsequently identified for restructuring under 
                section 1116(b)(8);
                    ``(E) how the eligible entity will use funds 
                received under this subpart;
                    ``(F) how the eligible entity will ensure that if 
                more eligible students seek admission to the project 
                than the project can accommodate, the eligible students 
                will be selected through a random selection process;
                    ``(G) how the eligible entity will notify parents 
                of eligible students of the expanded choice 
                opportunities provided under the project and how the 
                eligible entity will provide parents with sufficient 
                information to enable the parents to make an informed 
                decision;
                    ``(H) how the eligible entity will ensure that the 
                schools receiving eligible students under the grant are 
                financially responsible and will use the grant funds 
                received under this subpart effectively;
                    ``(I) how the eligible entity will prioritize 
                between providing scholarships and providing sustained, 
                intensive supplemental educational services, including 
                the timing and duration of offering the opportunity for 
                parents to determine which provision the parents 
                prefer; and
                    ``(J) how the eligible entity will address the 
                renewal of support for participating eligible students, 
                including continued eligibility.
    ``(e) Uses of Funds.--
            ``(1) In general.--Each eligible entity that receives a 
        grant under this subpart may--
                    ``(A) reserve not more than 5 percent of the grant 
                funds for administrative expenses, including costs 
                associated with recruiting and selecting eligible 
                students, private schools, and private providers, to 
                participate in the project;
                    ``(B) only for the first year for which grant funds 
                are received under this subpart, reserve not more than 
                5 percent of the grant funds (in addition to the funds 
                reserved under subparagraph (A)), for initial 
                implementation expenses, including costs associated 
                with outreach, providing information to parents and 
                school officials, and other administrative expenses;
                    ``(C) use the grant funds to provide scholarships 
                to eligible students to pay for the cost, including 
                tuition, fees, and necessary transportation expenses to 
                attend the private school of their parents' choice or a 
                public elementary school or secondary school of their 
                parents' choice outside of the eligible students' home 
                school district (consistent with State law), except 
                that the scholarship shall not exceed $4,000 per 
                student per school year; and
                    ``(D) use the grant funds to pay the costs, 
                including reasonable transportation costs, of 
                supplemental educational services (including summer 
                school or after-school programs) provided by a private 
                provider to eligible students, except that the costs 
                shall not exceed $3,000 per student per school year.
            ``(2) Funding order.--Each eligible entity that receives a 
        grant under this subpart shall--
                    ``(A) first fund scholarships for eligible students 
                to attend the private school of their parents' choice 
                or a public elementary school or secondary school of 
                their parents' choice outside of the eligible students' 
                home school district (consistent with State law); and
                    ``(B) use any remaining grant funds to provide 
                eligible students with access to supplemental 
                educational services.
            ``(3) Payment.--Each eligible entity that receives a grant 
        under this subpart shall make scholarship payments under this 
        subpart to the parent of the eligible student participating in 
        the project, in a manner that ensures that the payments will be 
        used only for the payment of tuition, fees, and necessary 
        transportation expenses, in accordance with this subpart.
    ``(f) Prohibition.--A student who receives supplemental educational 
services under this subpart shall not be eligible to receive other such 
services under section 1116(e).
    ``(g) Project Performance.--Each eligible entity receiving a grant 
under this subpart shall prepare and submit to the Secretary a final 
report on the results of the project assisted under this subpart that 
contains such information as the Secretary may require. At a minimum, 
the report shall include information on the academic achievement of 
students receiving scholarships and supplemental educational services 
under the project.
    ``(h) Performance Information.--Each eligible entity that receives 
a grant under this subpart shall collect and report such performance 
information as the Secretary may require for the national evaluation 
conducted under subsection (i).
    ``(i) National Evaluation.--From the amount made available for any 
fiscal year under section 1264, the Secretary shall reserve such sums 
as may be necessary to conduct an independent evaluation, by grant or 
by contract, of the program carried out under this subpart, which shall 
include an assessment of the impact of the program on student 
achievement. The Secretary shall report the results of the evaluation 
to the appropriate committees of Congress.

``SEC. 1263. NONDISCRIMINATION.

    ``(a) In General.--An eligible entity or a school participating in 
a project under this subpart shall not discriminate against an 
individual participant in, or an individual applicant to participate 
in, the project on the basis of race, color, religion, sex, or national 
origin.
    ``(b) Religious Tenets or Beliefs.--Notwithstanding any other 
provision of law, the prohibition of sex discrimination described in 
subsection (a) shall not apply to a school described in subsection (a) 
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 organization.
    ``(c) Single-Sex Education.--Notwithstanding the prohibition of sex 
discrimination in subsection (a), a participating school may offer, and 
a participating parent may choose, a single-sex school, class, or 
activity.
    ``(d) Neutrality.--Section 909 of the Education Amendments of 1972 
(20 U.S.C. 1688) shall apply to this subpart.
    ``(e) Children With Disabilities.--This subpart does not affect any 
requirement of the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.).
    ``(f) Matters of Employment.--Notwithstanding subsection (a), a 
participating school 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 that 
title.
    ``(g) First Amendment.--Consistent with the First Amendment to the 
Constitution of the United States, a participating school shall not, by 
reason of receiving funds under this subpart, be required to--
            ``(1) change its teaching mission;
            ``(2) remove religious art, icons, scriptures, or other 
        symbols;
            ``(3) remove religious terms or references from its name, 
        mission statement, or other chartering or governing documents; 
        or
            ``(4) refrain from using religion as a basis in selecting 
        its board members.
    ``(h) Rules of Construction.--For purposes of Federal law, a 
scholarship provided under this subpart to a student shall be 
considered to be assistance to the parent of the student and shall not 
be considered to be assistance to the school that enrolls the student. 
The amount of any scholarship (or other form of support for the 
provision of supplemental educational services) provided to a parent of 
an eligible student under this subpart shall not be treated as income 
of a parent of the eligible student for purposes of Federal tax laws or 
for purposes of determining eligibility for any other Federal program, 
other than the program carried out under this subpart.

``SEC. 1264. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
$300,000,000 for fiscal year 2008 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.''.
                                 <all>