Short title

This Act may be cited as the

Scholarships for Opportunity and Results Act of 2009

or the

SOAR Act

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 amended by the No Child Left Behind Act of 2001, as well as under other public school choice programs, is inadequate. More educational options are needed to ensure all families in the District of Columbia have access to a quality education. In particular, funds are needed to provide low-income parents with enhanced public opportunities and private educational environments, regardless of whether such environments are secular or nonsecular. (3)Public school records raise persistent concerns regarding health and safety problems in District of Columbia public schools. For example, more than half of the District of Columbia's teenage public school students attend schools that meet the District of Columbia’s definition of persistently dangerous due to the number of violent crimes. (4)While the per student cost for students in the public schools of the District of Columbia is one of the highest in the United States, test scores for such students continue to be among the lowest in the Nation. The National Assessment of Educational Progress (NAEP), an annual report released by the National Center for Education Statistics, reported in its 2007 study that students in the District of Columbia were being outperformed by every State in the Nation. On the 2007 NAEP, 61 percent of fourth grade students scored below basic in reading, and 51 percent scored below basic in mathematics. Among eighth grade students, 52 percent scored below basic in reading and 56 percent scored below basic in mathematics. On the 2007 NAEP reading assessment, only 14 percent of the District of Columbia fourth grade students could read proficiently, while only 12 percent of the eighth grade students scored at the proficient or advanced level. (5)In 2003, Congress passed the DC School Choice Incentive Act of 2003 (Public Law 108–199; 118 Stat. 126) to provide opportunity scholarships to parents of students in the District of Columbia that could be used by students in kindergarten through grade 12 to attend a private educational institution. The opportunity scholarship program under such Act was part of a comprehensive 3-part funding arrangement that also included additional funds for the District of Columbia public schools, and additional funds for public charter schools of the District of Columbia. The intent of the approach was to ensure that progress would continue to be made to improve public schools and public charter schools, and that funding for the opportunity scholarship program would not lead to a reduction in funding for the District of Columbia public and charter schools. Resources would be available for a variety of educational options that would give families in the District of Columbia a range of choices with regard to the education of their children. (6)The opportunity scholarship program was established in accordance with the U.S. Supreme Court decision, Zelman v. Simmons-Harris, 536 U.S. 639 (2002), which found that a program enacted for the valid secular purpose of providing educational assistance to low-income children in a demonstrably failing public school system is constitutional if it is neutral with respect to religion and provides assistance to a broad class of citizens who direct government aid to religious and secular schools solely as a result of their genuine and independent private choices. (7)Since the opportunity scholarship program’s inception, it has consistently been oversubscribed. Parents express strong support for the opportunity scholarship program. A rigorous analysis of the program by the Institute of Education Sciences (IES) shows statistically significant improvements in parental satisfaction and in reading scores that are even more dramatic when only those students consistently using the scholarships are considered. (8)The DC opportunity scholarship program is a program that offers families in need, in the District of Columbia, important alternatives while public schools are improved. It is the sense of Congress that this program should continue as 1 of a 3-part comprehensive funding strategy for the District of Columbia school system that provides new and equal funding for public schools, public charter schools, and opportunity scholarships for students to attend private schools.

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.

General authority

(a)

Authority

From funds appropriated to carry out this Act, the Secretary shall award grants on a competitive basis to eligible entities with approved applications under section 5 to carry out activities to provide eligible students with expanded school choice opportunities. The Secretary may award a single grant or multiple grants, depending on the quality of applications submitted and the priorities of this Act. (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 design of, selection of eligible entities to receive grants under, and implementation of, a program assisted under this Act. (d)

Special rules

Notwithstanding any other provision of law— (1)funding appropriated for the opportunity scholarship program under the Omnibus Appropriations Act, 2009, or any other Act, may be used to provide opportunity scholarships under section 7 to new applicants; (2)each student application for admission in the program under this Act for the 2009-2010 school year that was received before the date of enactment of this Act shall be considered for admission into the program for such school year; and (3)subject to the availability of appropriated funds, each student whose selection for admission in the program under this Act for the 2009–2010 school year was revoked by the Secretary before the date of enactment of this Act shall have the student's admission reinstated for such school year.

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— (i)seek out private elementary schools and secondary schools in the District of Columbia to participate in the program; and (ii)ensure that participating schools will meet the reporting and other 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; and (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 (2)an assurance that the entity will comply with all requests regarding any evaluation carried out under section 9.

Priorities

In awarding grants under this Act, the Secretary shall give priority to applications from eligible entities that 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)give priority to students whose household includes a sibling or other child who is already participating in the program of the eligible entity under this Act, regardless of whether such students have, in the past, been assigned as members of a control study group for the purposes of an evaluation under section 9; (3)target resources to students and families that lack the financial resources to take advantage of available educational options; and (4)provide students and families with the widest range of educational options.

Use of funds

(a)

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 provide eligible students with scholarships to pay the tuition, fees, and transportation expenses, if any, to enable the eligible students to attend the District of Columbia private elementary school or secondary school of their choice beginning in school year 2010–2011. Each such eligible entity shall ensure that the amount of any tuition or fees charged by a school participating in such eligible entity’s program under this Act to an eligible student participating in the program does not exceed the amount of tuition or fees that the school charges to students who do not participate in the program. (2)

Payments to parents

An eligible entity receiving a grant under this Act shall make scholarship payments under the program under this Act to the parent of the eligible student participating in the program, in a manner which ensures that such payments will be used for the payment of tuition, fees, and transportation expenses (if any), in accordance with this Act. (3)

Amount of assistance

(A)

Varying amounts permitted

Subject to the other requirements of this section, an eligible entity receiving a grant under this Act may award scholarships in larger amounts to those eligible students with the greatest need. (B)

Annual limit on amount

(i)

Limit for school year 2010–2011

The amount of assistance provided to any eligible student by an eligible entity under a program under this Act for school year 2010–2011 may not exceed— (I)$9,000 for attendance in kindergarten through grade 8; and (II)$11,000 for attendance in grades 9 through 12. (ii)

Cumulative inflation adjustment

The limits described in clause (i) shall apply for each school year following school year 2010–2011, except that the Secretary shall adjust the maximum amounts of assistance (as described in clause (i) and adjusted under this clause for the preceding year) for inflation, as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor. (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)has financial systems, controls, policies, and procedures to ensure that Federal funds are used according to this Act; and (E)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 this Act may use not more than 3 percent of the amount provided under the grant each year for the administrative expenses of carrying out its program under this Act during the year, including— (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 this Act may use not more than 2 percent of the amount provided under the grant each year for the expenses of educating parents about the program under this Act and assisting parents through the application process under this Act during the year, including— (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 this Act may use not more than 1 percent of the amount provided under the grant each year for expenses to provide tutoring services to participating eligible students that need additional academic assistance in the students' new schools. If there are insufficient funds to pay for these costs for all such students, the eligible entity shall give priority to students who previously attended an elementary school or secondary school that was identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) as of the time the student attended the school.

Nondiscrimination

(a)

In general

An eligible entity or a school participating in any program under this Act shall not discriminate against program participants or applicants on the basis of race, color, national origin, religion, or sex. (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 United States Constitution, necessitate any change in the participating school’s teaching mission, require any participating school to remove religious art, icons, scriptures, or other symbols, or preclude any participating school from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. (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.

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, and (B)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 is conducted using the strongest possible research design for determining the effectiveness of the program funded under this Act that addresses the issues described in paragraph (4); and (B)disseminate information on the impact of the program in increasing the academic growth and achievement of participating students, and on the impact of the program on students and schools in the District of Columbia. (3)

Duties of the institute of education sciences

The Institute of Education Sciences 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(2). (4)

Issues to be evaluated

The issues to be evaluated include the following: (A)A comparison of the academic growth and achievement of participating eligible students in the measurements described in this section to the academic growth and achievement of— (i)students in the same grades in the District of Columbia public schools; and (ii)the eligible students in the same grades in the District of Columbia public schools who sought to participate in the scholarship program but were not selected. (B)The success of the program in expanding choice options for parents. (C)The reasons parents choose for their children to participate in the program. (D)A comparison of the retention rates, dropout rates, and (if appropriate) graduation and college admission rates, of students who participate in the program funded under this Act with the retention rates, dropout rates, and (if appropriate) graduation and college admission rates of students of similar backgrounds who do not participate in such program. (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 students who participate in the program funded under this Act and the schools attended by students who do not participate in the program, based on the perceptions of the students and parents and on objective measures of safety. (G)Such other issues as the Secretary considers appropriate for inclusion in the evaluation. (H)An analysis of the issues described in subparagraphs (A) through (G) with respect to the subgroup of eligible students participating in the program funded under this Act who consistently use the opportunity scholarships to attend a participating school. (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 Labor, and Oversight and Government Reform of the House of Representatives and the Committees on Appropriations, Health, Education, Labor, and Pensions, and Homeland Security and Governmental Affairs of the Senate— (1)annual interim reports, not later than December 1 of each year for which a grant is made under this Act, on the progress and preliminary results of the evaluation of the program funded under this Act; 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 of the program funded under this Act. (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 reports required under subsection (a), each grantee receiving funds under this Act shall, not later than September 1 of the year during which the second academic year of the grantee’s program is completed and each of the next 2 years thereafter, submit to the Secretary a report, including any pertinent data collected in the preceding 2 academic years, concerning— (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 grantee receiving funds under this Act shall ensure that each school participating in the grantee’s program under this Act during a year reports at least once during the year to the parents of each of the school’s students who are participating in the program on— (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; and (B)the safety of the school, including the incidence of school violence, student suspensions, and student expulsions. (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 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).

11.

Other requirements for participating schools

(a)

Testing

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

Requests for data and information

Each school participating in a program funded under this Act shall comply with all requests for data and information regarding evaluations conducted under section 9(a). (c)

Rules of conduct and other school policies

A participating school, including a participating school described in section 8(d), may require eligible students to abide by any rules of conduct and other requirements applicable to all other students at the school.

12.

Definitions

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; (ii)in the case of a student in a household that had a student participating in a program under this Act for the preceding school year, 250 percent of the poverty line; or (iii)in the case of a student in a household that had a student participating in a program under the DC School Choice Incentive Act of 2003 (Public Law 108–199; 118 Stat. 126) on or before the date of enactment of this Act, 300 percent of the poverty line. (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, that provides secondary education, 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.

Transition provisions

(a)

Repeal

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

Reauthorization of program

This Act shall be deemed to be the reauthorization of the opportunity scholarship program under the DC School Choice Incentive Act of 2003. (c)

Orderly transition

Subject to subsections (d) and (e), the Secretary shall take such steps as the Secretary determines to be appropriate to provide for the orderly transition to the authority of this Act from any authority under the provisions of the DC School Choice Incentive Act of 2003 (Public Law 108–199; 118 Stat. 126), as the DC School Choice Incentive Act of 2003 was in effect on the day before the date of enactment of this Act. (d)

Rule of construction

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

Multi-year awards

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

14.

Authorization of appropriations

(a)

Fiscal year 2010

There are authorized to be appropriated— (1)to carry out this Act, $20,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 4 succeeding fiscal years; (2)for the District of Columbia public schools, in addition to any other amounts available for District of Columbia public schools, $20,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 4 succeeding fiscal years; and (3)for District of Columbia public charter schools, in addition to any other amounts available for District of Columbia public charter schools, $20,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 4 succeeding fiscal years.