I 111th CONGRESS 1st Session H. R. 2556 IN THE HOUSE OF REPRESENTATIVES May 21, 2009 Mr. Boehner (for himself, Mr. Issa, and Mr. McKeon) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide low-income parents residing in the District of Columbia with expanded opportunities for enrolling their children in high quality schools in the District of Columbia.

1.

Short title

This Act may be cited as the Preserving DC Student Scholarships Act of 2009.

2.

Findings

The Congress finds the following: (1)Parents are best equipped to make decisions for their children, including the educational setting that will best serve the interests and educational needs of their child. (2)For many parents in the District of Columbia, public school choice provided for under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as well as under other public school choice programs, is inadequate due to capacity constraints. Available educational alternatives to the public schools are also insufficient and more educational options are needed. In particular, funds are needed to assist low-income parents with exercising their right to choose among enhanced public opportunities and private educational environments, whether religious or nonreligious. (3)In the most recent mathematics assessment on the National Assessment of Educational Progress (NAEP), administered in 2007, a lower percentage of 4th-grade students in the District of Columbia demonstrated proficiency than the national average by 20 percent. Fifty-one percent of the District of Columbia fourth-graders scored at the below basic level and only 8 percent of the 8th-grade students in the District of Columbia tested at the proficient or advanced levels, and 66 percent were below basic. In the most recent reading assessment administered by NAEP, in 2007, only 14 percent of the District of Columbia fourth-graders could read proficiently, while 61 percent were below basic. At the 8th-grade level, 12 percent were proficient or advanced and 52 percent were below basic. (4)In 2003, Congress passed the DC School Choice Incentive Act, 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. (5)The program was established in accordance with the U.S. Supreme Court decision reached under 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 program’s inception, it has enjoyed broad bipartisan support by parents of students in the District of Columbia who find that it has dramatically improved student performance, the Mayor of the District of Columbia, the members of the City Council of the District of Columbia and the Board of Education of the District of Columbia, and the Chancellor of the District of Columbia Public Schools. (7)The program provides additional funding for the District of Columbia Public Schools and, therefore, money for these student scholarships is not being taken out of money that would otherwise go to the District of Columbia Public Schools. (8)Congress must reauthorize the DC Opportunity Scholarship program, which has demonstrated success in raising student achievement.

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 high quality schools in the District of Columbia.

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 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. (b)

Duration of grants

The Secretary shall make grants under this section for a period of not more than 5 years. (c)

Memorandum of understanding

The Secretary and the Mayor of the District of Columbia shall enter into a memorandum of understanding regarding the implementation of the program authorized under this Act.

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. (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— (1)a detailed description of— (A)how the entity will address the priorities described in section 6; (B)how the entity will ensure that if more eligible students seek admission in the program than the program can accommodate, eligible students are selected for admission through a random selection process which gives weight to the priorities described in section 6; (C)how the entity will ensure that if more participating eligible students seek admission to a participating school than the school can accommodate, participating eligible students are selected for admission through a random selection process; (D)how the entity will notify parents of eligible students of the expanded choice opportunities and how the entity will ensure that parents receive sufficient information about their options to allow the parents to make informed decisions; (E)the activities that the entity will carry out to provide parents of eligible students with expanded choice opportunities through the awarding of scholarships under section 7(a); (F)how the entity will determine the amount that will be provided to parents for the tuition, fees, and transportation expenses (if any); (G)how the entity will seek out private elementary schools and secondary schools in the District of Columbia to participate in the program, and will ensure that participating schools will meet the applicable requirements of this Act and provide the information needed for the entity to meet the reporting requirements of this Act; (H)how the entity will ensure that participating schools are financially responsible and will use the funds received under this Act effectively; (I)how the entity will address the renewal of scholarships to participating eligible students, including continued eligibility; (J)how the entity will ensure that a majority of its voting board members or governing organization are residents of the District of Columbia; and (K)how the entity will have financial systems, controls, policies, and procedures to ensure that grant funds are used in accordance with this Act, and how the entity will have a manual documenting such controls, policies, and procedures; and (2)an assurance that the entity will comply with all requests regarding any evaluation carried out under section 9.

6.

Priorities

In awarding grants under this Act, the Secretary shall give priority to applications from eligible entities who will most effectively— (1)give priority to eligible students who, in the school year preceding the school year for which the eligible student is seeking a scholarship, attended an elementary school or secondary school identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316); (2)target resources to students and families that lack the financial resources to take advantage of available educational options; and (3)provide students and families with the widest range of educational options and support systems to empower them to make informed choices.

7.

Use of funds

(a)

Opportunity Scholarships

(1)

In general

Subject to paragraphs (2) and (3), an eligible entity receiving a grant under this Act shall use the grant funds to carry out a program to provide eligible students with opportunity scholarships to pay the tuition, fees, and transportation expenses (if any) to enable such 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 to an eligible student participating in the program does not exceed the amount of tuition or fees that the school customarily charges to students who do not participate in the program. (2)

Payments to parents

An eligible entity receiving a grant under this Act shall make opportunity scholarship payments under a program under this Act to the parents or legal guardians of an 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)

Annual limit on amount of assistance

(A)

In general

The amount of assistance provided to any eligible student by an eligible entity receiving a grant under this Act under a program under this Act for school year 2010-2011 may not exceed— (i)$8,000 for attendance in kindergarten through grade 8; and (ii)$12,000 for attendance in grades 9 through 12. (B)

Cumulative inflation adjustment

For each succeeding school year, the Secretary shall adjust the amounts described in subparagraph (A), as adjusted under this clause, by the rate of 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)

Continuation of scholarships

An eligible entity receiving a grant under this Act may award an opportunity scholarship to any participating student for the second or any succeeding year of the student’s participation in a program under this Act, as long as the student resides in the District of Columbia. (5)

Assurances

None of the funds provided under this Act for opportunity scholarships may be used by an eligible student to enroll in a participating school unless— (A)the participating school has and maintains a valid certificate of occupancy issued by the District of Columbia; (B)the core subject matter teachers of the eligible student hold a 4-year bachelor degree; (C)in the case of a participating school that has been in existence for not more than 5 years, the school submits proof of financial stability for at least the next 3 years, such as a surety bond or letter of credit equal to the amount of the scholarship for each eligible student enrolled in the school; and (D)the eligible entity has performed a school site visit, in the case of a school participating in the program for the first time, prior to the enrollment of the student at the school, and, in the case of a school that has previously participated in the program, at least once within the last 2 years, and has maintained a written record of such visit. (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 fiscal 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 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 this Act may use not more than 2 percent of the amount provided under the grant each fiscal year for expenses used to educate parents about the program and to assist parents through the application process under this Act during the year, including— (1)providing information about the program, including the schools participating in the program; (2)providing funds to assist parents in meeting expenses that might otherwise preclude the participation of their child in the program; and (3)using funds to streamline the application process for parents. (d)

Student academic assistance

(1)

In general

An eligible entity receiving a grant under this Act may use not more than 1 percent of the amount provided under the grant each fiscal year for expenses to pay for tutoring services to participating eligible students that need additional academic assistance. (2)

Priority

In a fiscal year where there are insufficient funds to provide the services described in paragraph (1) to all participating eligible students that need additional academic assistance, an eligible entity shall give priority to the participating eligible students who previously attended 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.7 6316).

8.

Nondiscrimination

(a)

In general

An eligible entity carrying out, 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 to 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 such section 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). (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 that are received by a participating school, as a result of the choice of the parents of such students, shall not, consistent with the first amendment to 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.

9.

Evaluation

(a)

In general

(1)

Agreement with Institute of Education Sciences

The Secretary shall enter into an agreement with the Institute of Education Sciences of the Department of Education to annually evaluate the performance of students who used opportunity scholarships under this Act, and shall make the evaluation public in accordance with subsection (c). (2)

Duties of the Secretary

The Secretary, through a grant, contract, or cooperative agreement, shall— (A)ensure that the evaluation is conducted using an appropriate research design for determining the effectiveness of the programs funded under this Act and addresses the issues described in paragraph (4); and (B)disseminate information on the impact of the programs in increasing the student academic achievement of participating students, and on the impact of the program on students and schools in the District of Columbia. (3)

Duties of the Institute of Education Sciences

The Institute of Education Sciences shall— (A)measure the academic achievement of all participating eligible students; (B)use a grade appropriate measurement each school year to assess participating eligible students; and (C)cooperate with the participating schools and the District of Columbia Public Schools to conduct the evaluation. (4)

Issues to be evaluated

The issues to be evaluated include the following: (A)A comparison of the academic achievement of students who used the opportunity scholarships in the measurements described in this section to the achievement of students in the same grades in the District of Columbia Public Schools. (B)The success of the program in expanding choice options for parents, improving parental and student satisfaction, and increasing parental involvement in the education of their children. (C)The reasons parents choose for their children to participate in the programs. (D)A comparison of the retention rates, dropout rates, and (if appropriate) graduation and college admission rates, of students who used the scholarships provided under this Act with the retention rates, dropout rates, and (if appropriate) graduation and college admission rates of students of similar backgrounds who attend District of Columbia Public Schools. (E)A comparison of the safety of the schools attended by students who used the scholarships and the District of Columbia Public Schools. (F)The success of the program in increasing parental and student involvement in the local community. (G)Such other issues as the Secretary considers appropriate for inclusion in the evaluation. (5)

Prohibition

Personally identifiable information regarding the results of the measurements used for the evaluation may not be disclosed, except to the parents of the student to whom the information relates. (b)

Reports

The Secretary shall submit to the Committee on Appropriations, the Committee on Education and Labor, 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— (1)an annual interim report, 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 described in subsection (a); and (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 described in subsection (a). (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 to carry out this Act for the fiscal year.

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. (b)

Achievement reports

(1)

In general

In addition to the report required under subsection (a), each eligible entity shall, not later than September 1 of the year during which the second academic year of the eligible entity’s program is completed and each of the next 2 years thereafter, submit a report to the Secretary regarding the data collected in the previous 2 academic years concerning— (A)the academic achievement of students participating in the program; (B)the graduation and college admission rates of students who participate in the program, if 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 shall ensure that each school participating in the eligible entity’s program under this Act during a school year reports at least once during the school year to the parents of each student attending such school who is participating in the program— (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

The Secretary shall submit to the Committee on Appropriations, the Committee on Education and Labor, 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 an annual report on the findings of the reports submitted under subsections (a) and (b).

11.

Other requirements for participating schools

(a)

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). (b)

Rules of conduct and other school policies

A participating school, including the schools 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. (c)

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. (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.

12.

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)An educational entity of the District of Columbia Government. (B)A nonprofit organization. (C)A consortium of nonprofit organizations. (3)

Eligible student

The term eligible student means a student who— (A)is a resident of the District of Columbia; (B)comes from a household whose income does not exceed 300 percent of the poverty line; and (C)was enrolled in a District of Columbia Public School (such as a charter school) in the previous school year, or is eligible to enter kindergarten or first grade. (4)

Parent

The term parent has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5)

Poverty line

The term poverty line has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6)

Secondary school

The term secondary school means an institutional day or residential school, including a public secondary charter school, as determined under District of Columbia law, except that the term does not include any education beyond grade 12. (7)

Secretary

The term Secretary means the Secretary of Education.

13.

Repeal

Effective beginning with school year 2010-2011, 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 et seq.)) is repealed.

14.

Authorization of appropriations

There are authorized to be appropriated to carry out this Act $14,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 4 succeeding fiscal years.