[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 206 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 206

 To reauthorize the DC Opportunity Scholarship Program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2011

Mr. Lieberman (for himself, Ms. Collins, Mrs. Feinstein, Mr. Alexander, 
and Mr. Ensign) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the DC Opportunity Scholarship Program, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scholarships for Opportunity and 
Results Act of 2011'' or the ``SOAR Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Parents are best equipped to make decisions for their 
        children, including the educational setting that will best 
        serve the interests and educational needs of their child.
            (2) For many parents in the District of Columbia, public 
        school choice provided under the Elementary and Secondary 
        Education Act of 1965, as 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) While the per-student cost for students in the public 
        schools of the District of Columbia is one of the highest in 
        the United States, test scores for such students continue to be 
        among the lowest in the Nation. The National Assessment of 
        Educational Progress (NAEP), an annual report released by the 
        National Center for Education Statistics, reported in its 2009 
        study that students in the District of Columbia were being 
        outperformed by every State in the Nation. On the 2009 NAEP, 56 
        percent of fourth grade students scored ``below basic'' in 
        reading, and 44 percent scored ``below basic'' in mathematics. 
        Among eighth grade students, 49 percent scored ``below basic'' 
        in reading and 60 percent scored ``below basic'' in 
        mathematics. On the 2009 NAEP reading assessment, only 17 
        percent of the District of Columbia fourth grade students could 
        read proficiently, while only 13 percent of the eighth grade 
        students scored at the proficient or advanced level.
            (4) In 2003, Congress passed the DC School Choice Incentive 
        Act of 2003 (Public Law 108-199, 118 Stat. 126), to provide 
        opportunity scholarships to parents of students in the District 
        of Columbia to enable them to pursue a high quality education 
        at a public or private elementary or secondary school of their 
        choice. The DC opportunity scholarship program (DC OSP) under 
        such Act was part of a comprehensive 3-part funding arrangement 
        that also included additional funds for the District of 
        Columbia public schools, and additional funds for public 
        charter schools of the District of Columbia. The intent of the 
        approach was to ensure that progress would continue to be made 
        to improve public schools and public charter schools, and that 
        funding for the opportunity scholarship program would not lead 
        to a reduction in funding for the District of Columbia public 
        and charter schools. Resources would be available for a variety 
        of educational options that would give families in the District 
        of Columbia a range of choices with regard to the education of 
        their children.
            (5) The DC OSP was established in accordance with the 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.
            (6) Since the inception of the DC OSP, it has consistently 
        been oversubscribed. Parents express strong support for the 
        opportunity scholarship program. Rigorous studies of the 
        program by the Institute of Education Sciences have shown 
        significant improvements in parental satisfaction and in 
        reading scores that are more dramatic when only those students 
        consistently using the scholarships are considered. The program 
        also was found to result in significantly higher graduation 
        rates for DC OSP students.
            (7) The DC OSP is a program that offers families in need, 
        in the District of Columbia, important alternatives while 
        public schools are improved. This program should be 
        reauthorized as 1 part of a 3-part comprehensive funding 
        strategy for the District of Columbia school system that 
        provides new and equal funding for public schools, public 
        charter schools, and opportunity scholarships for students to 
        attend private schools.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide low-income parents residing 
in the District of Columbia, particularly parents of students who 
attend elementary schools or secondary schools identified for 
improvement, corrective action, or restructuring under section 1116 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316), 
with expanded opportunities for enrolling their children in other 
schools in the District of Columbia, at least until the public schools 
in the District of Columbia have adequately addressed shortfalls in 
health, safety, and security, and the students in the District of 
Columbia public schools are testing in mathematics and reading at or 
above the national average.

SEC. 4. GENERAL AUTHORITY.

    (a) Authority.--From amounts made available to carry out this 
section in accordance with section 14(b)(1), the Secretary shall award 
grants on a competitive basis to eligible entities with approved 
applications under section 5 to carry out a program to provide eligible 
students with expanded school choice opportunities. The Secretary may 
award a single grant or multiple grants, depending on the quality of 
applications submitted and the priorities of this Act.
    (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.--
            (1) In general.--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 subsection (a) and the funding described in 
        paragraphs (2) and (3) of section 14(b).
            (2) Contents.--The memorandum of understanding shall 
        address how the Mayor of the District of Columbia will ensure 
        that the public schools and the public charter schools of the 
        District of Columbia comply with all reasonable requests for 
        information as necessary to fulfill the requirements for 
        evaluations conducted under section 9.
    (d) Special Rules.--
            (1) Use of funds.--Notwithstanding any other provision of 
        law, funds appropriated for the DC opportunity scholarship 
        program under the Omnibus Appropriations Act, 2009 (Public Law 
        111-8, 123 Stat. 654), the Consolidated Appropriations Act of 
        2010 (Public Law 111-117, 123 Stat. 3181), or any other Act, 
        shall be available until expended and may be used to provide 
        opportunity scholarships under section 7 to new applicants.
            (2) Repeal of site inspection and reporting requirements.--
        The fourth and fifth provisos under the heading ``Federal 
        Payment for School Improvement'' of title IV of Division C of 
        the Consolidated Appropriations Act of 2010 (Public Law 111-
        117, 123 Stat. 3182) are repealed. Any unobligated amounts 
        reserved to carry out such provisos shall be made available to 
        an eligible entity for administrative purposes or for 
        opportunity scholarships under a grant under subsection (a), 
        including for opportunity scholarships for new applicants for 
        the 2011-2012 school year.

SEC. 5. APPLICATIONS.

    (a) In General.--In order to receive a grant under section 4(a), an 
eligible entity shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require.
    (b) Contents.--The Secretary may not approve the request of an 
eligible entity for a grant under section 4(a) unless the entity's 
application includes--
            (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 in order 
                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, and accommodate site visits in 
                        accordance with section 7(a)(4)(D);
                    (H) how the entity will ensure that participating 
                schools are financially responsible and will use the 
                funds received under a grant under section 4(a) 
                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.

SEC. 6. PRIORITIES.

    In awarding grants under section 4(a), the Secretary shall give 
priority to applications from eligible entities that will most 
effectively--
            (1) 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 section 4(a), 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.

SEC. 7. USE OF FUNDS.

    (a) Opportunity Scholarships.--
            (1) In general.--Subject to paragraphs (2) and (3), an 
        eligible entity receiving a grant under section 4(a) shall use 
        the grant funds to provide eligible students with opportunity 
        scholarships to pay the tuition, fees, and transportation 
        expenses, if any, to enable the eligible students to attend the 
        District of Columbia private elementary school or secondary 
        school of their choice beginning in school year 2011-2012. Each 
        such eligible entity shall ensure that the amount of any 
        tuition or fees charged by a school participating in such 
        eligible entity's program under section 4(a) to an eligible 
        student participating in the program does not exceed the amount 
        of tuition or fees that the school charges to students who do 
        not participate in the program.
            (2) Payments to parents.--An eligible entity receiving a 
        grant under section 4(a) shall make scholarship payments under 
        the program under section 4(a) to the parent of the eligible 
        student participating in the program, in a manner which ensures 
        that such payments will be used for the payment of tuition, 
        fees, and transportation expenses (if any), in accordance with 
        this Act.
            (3) Amount of assistance.--
                    (A) Varying amounts permitted.--Subject to the 
                other requirements of this section, an eligible entity 
                receiving a grant under section 4(a) may award 
                scholarships in larger amounts to those eligible 
                students with the greatest need.
                    (B) Annual limit on amount.--
                            (i) Limit for school year 2011-2012.--The 
                        amount of assistance provided to any eligible 
                        student by an eligible entity under a program 
                        under section 4(a) for school year 2011-2012 
                        may not exceed--
                                    (I) $8,000 for attendance in 
                                kindergarten through grade 8; and
                                    (II) $12,000 for attendance in 
                                grades 9 through 12.
                            (ii) Cumulative inflation adjustment.--The 
                        limits described in clause (i) shall apply for 
                        each school year following school year 2011-
                        2012, 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 subsection (a) for opportunity scholarships may 
        be used by an eligible student to enroll in a participating 
        private school unless the participating school--
                    (A) has and maintains a valid certificate of 
                occupancy issued by the District of Columbia;
                    (B) makes readily available to all prospective 
                students information on its school accreditation;
                    (C) in the case of a school that has been operating 
                for 5 years or less, submits to the eligible entity 
                administering the program proof of adequate financial 
                resources reflecting the financial sustainability of 
                the school and the school's ability to be in operation 
                through the school year;
                    (D) agrees to submit to site visits as determined 
                to be necessary by the eligible entity, except that a 
                participating school shall not be required to submit to 
                more than one site visit per year;
                    (E) has financial systems, controls, policies, and 
                procedures to ensure that funds are used in accordance 
                with the requirements of this Act; and
                    (F) ensures that each teacher of core subject 
                matter in the school has a baccalaureate degree or 
                equivalent degree.
    (b) Administrative Expenses.--An eligible entity receiving a grant 
under section 4(a) may use not more than 3 percent of the amount 
provided under the grant each year for the administrative expenses of 
carrying out its program under such section during the year, 
including--
            (1) determining the eligibility of students to participate;
            (2) selecting eligible students to receive scholarships;
            (3) determining the amount of scholarships and issuing the 
        scholarships to eligible students; and
            (4) compiling and maintaining financial and programmatic 
        records.
    (c) Parental Assistance.--An eligible entity receiving a grant 
under section 4(a) may use not more than 2 percent of the amount 
provided under the grant each year for the expenses of educating 
parents about the 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 section 4(a) may use not more than 1 percent of the amount 
provided under the grant each year for expenses to provide tutoring 
services to participating eligible students that need additional 
academic assistance 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.

SEC. 8. 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 section 7(a) 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) provided under 
section 7(a) 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 such scholarship (or other form of support 
provided to parents of an eligible student) shall not be treated as 
income of the parents for purposes of Federal tax laws or for 
determining eligibility for any other Federal program.

SEC. 9. EVALUATIONS.

    (a) In General.--
            (1) Duties of the secretary and the mayor.--The Secretary 
        and the Mayor of the District of Columbia shall--
                    (A) jointly enter into an agreement with the 
                Institute of Education Sciences of the Department of 
                Education to evaluate annually the performance of 
                students who received scholarships under the 5-year 
                program under section 4(a), and the Mayor shall ensure 
                that, for the purposes of this evaluation, all public 
                and public charter schools of the District of Columbia 
                comply with all reasonable requests for information;
                    (B) jointly enter into an agreement to monitor and 
                evaluate the use of funds authorized and appropriated 
                under paragraphs (2) and (3) of section 14(b) for the 
                public schools and public charter schools of the 
                District of Columbia; and
                    (C) make the evaluations public in accordance with 
                subsection (c).
            (2) Duties of the secretary.--The Secretary, through a 
        grant, contract, or cooperative agreement, shall--
                    (A) ensure that the evaluation under paragraph 
                (1)(A) is conducted using the strongest possible 
                research design for determining the effectiveness of 
                the program funded under section 4(a) 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 an 
                opportunity scholarship under a program under section 
                4(a) (regardless of whether the student receives the 
                scholarship) and the parents of each student 
                participating in the scholarship program under section 
                4(a), agree that the student will participate in the 
                measurements given annually by the Institute of 
                Education 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--
                    (A) a comparison of the academic growth and 
                achievement of participating eligible students in the 
                measurements described in this section with the 
                academic growth and achievement of eligible students in 
                the same grades in the public schools and public 
                charter schools of the District of Columbia, who sought 
                to participate in the scholarship program but were not 
                selected;
                    (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 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 section 4(a), as compared to 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 section 4(a) 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; and
                    (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 section 4(a) 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 the Workforce, and Oversight and 
Government Reform of the House of Representatives and the Committees on 
Appropriations, Health, Education, Labor, and Pensions, and Homeland 
Security and Governmental Affairs of the Senate--
            (1) annual interim reports, not later than December 1 of 
        each year for which a grant is made under section 4(a), on the 
        progress and preliminary results of the evaluation of the 
        program funded under such section; and
            (2) a final report, not later than 1 year after the final 
        year for which a grant is made under section 4(a), on the 
        results of the evaluation of the program funded under such 
        section.
    (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 section 4(a) for the 
fiscal year.

SEC. 10. REPORTING REQUIREMENTS.

    (a) Activities Reports.--Each eligible entity receiving funds under 
section 4(a) during a year shall submit a report to the Secretary not 
later than July 30 of the following year regarding the activities 
carried out with the funds during the preceding year.
    (b) Achievement Reports.--
            (1) In general.--In addition to the reports required under 
        subsection (a), each grantee receiving funds under section 4(a) 
        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 section 
        4(a) 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;
                    (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.--
            (1) Reports by secretary.--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).
            (2) Reports by mayor.--In order for funds under paragraphs 
        (2) and (3) of section 14(b) to be made available to the 
        District of Columbia, the Mayor of the District of Columbia 
        shall submit to the Committees on Appropriations, the Committee 
        on Education and the Workforce, and the Committee on Oversight 
        and Government Reform, of the House of Representatives, and the 
        Committee on Appropriations, the Committee on Health, 
        Education, Labor, and Pensions, and the Committee on Homeland 
        Security and Governmental Affairs of the Senate, information 
        on--
                    (A) how the funds authorized and appropriated under 
                paragraphs (2) and (3) of section 14(b) for the public 
                schools and public charter schools of the District of 
                Columbia were utilized; and
                    (B) how such funds are contributing to student 
                achievement.

SEC. 11. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

    (a) Requests for Data and Information.--Each school participating 
in a program funded under section 4(a) shall comply with all requests 
for data and information regarding evaluations conducted under section 
9(a).
    (b) Rules of Conduct and Other School Policies.--Each school 
participating in a program funded under section 4(a), including each 
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.
    (c) Nationally Norm-Referenced Standardized Tests.--
            (1) In general.--Each school participating in a program 
        funded under section 4(a) shall administer a nationally norm-
        referenced standardized test in reading and mathematics 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 to 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 school participating in a 
        program funded under section 4(a) does not administer a 
        nationally norm-referenced standardized test or the Institute 
        of Education Sciences does not receive data regarding the 
        results of such test for a student who is receiving an 
        opportunity scholarship, then the Secretary, acting through the 
        Institute of Education Sciences, shall administer such test not 
        less than once during each school year to each student 
        receiving an opportunity scholarship.

SEC. 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; or
                            (ii) in the case of a student participating 
                        in the program under this Act in the preceding 
                        year, 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.

SEC. 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 District of Columbia 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.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act, for the uses described in 
subsection (b), $60,000,000 for fiscal year 2012 and each of the 4 
succeeding fiscal years.
    (b) Use of Funds Authorized Under This Act.--For each fiscal year, 
any amount appropriated to carry out this Act shall be equally divided 
among--
            (1) the Secretary, in order to carry out the District of 
        Columbia opportunity scholarship program established under 
        section 4(a);
            (2) the District of Columbia Public Schools, in order to 
        improve public school education in the District of Columbia; 
        and
            (3) the State Education Office of the District of Columbia, 
        in order to expand quality public charter schools in the 
        District of Columbia.
                                 <all>