[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1387 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 1387

 To reauthorize the Scholarships for Opportunity and Results Act, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2017

   Mr. Chaffetz (for himself, Mr. Meadows, Ms. Foxx, Mr. Messer, Mr. 
 Frelinghuysen, Mr. Walberg, Mr. Rokita, Mr. Harris, and Mr. DeSantis) 
 introduced the following bill; which was referred to the Committee on 
                    Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Scholarships for Opportunity and Results Act, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``Scholarships for 
Opportunity and Results Reauthorization Act'' or the ``SOAR 
Reauthorization Act''.
    (b) References in Act.--Except as otherwise expressly provided, 
whenever in this Act an amendment is expressed in terms of an amendment 
to or repeal of a section or other provision, the reference shall be 
considered to be made to that section or other provision of the 
Scholarships for Opportunity and Results Act (division C of Public Law 
112-10; sec. 38-1853.01 et seq., D.C. Official Code).

SEC. 2. REPEAL.

    Section 817 of the Consolidated Appropriations Act, 2016 (Public 
Law 114-113) is repealed, and any provision of law amended or repealed 
by such section is restored or revived as if such section had not been 
enacted into law.

SEC. 3. PURPOSES.

    Section 3003 (sec. 38-1853.03, D.C. Official Code) is amended by 
striking ``particularly parents'' and all that follows through ``, 
with'' and inserting ``particularly parents of students who attend an 
elementary school or secondary school identified as one of the lowest-
performing schools under the District of Columbia's accountability 
system, with''.

SEC. 4. PROHIBITING IMPOSITION OF LIMITS ON TYPES OF ELIGIBLE STUDENTS 
              PARTICIPATING IN THE PROGRAM.

    Section 3004(a) (sec. 38-1853.04(a), D.C. Official Code) is amended 
by adding at the end the following:
            ``(3) Prohibiting imposition of limits on eligible students 
        participating in the program.--
                    ``(A) In general.--In carrying out the program 
                under this division, the Secretary may not limit the 
                number of eligible students receiving scholarships 
                under section 3007(a), and may not prevent otherwise 
                eligible students from participating in the program 
                under this division, based on any of the following:
                            ``(i) The type of school the student 
                        previously attended.
                            ``(ii) Whether or not the student 
                        previously received a scholarship or 
                        participated in the program, including whether 
                        an eligible student was awarded a scholarship 
                        in any previous year but has not used the 
                        scholarship, regardless of the number of years 
                        of nonuse.
                            ``(iii) Whether or not the student was a 
                        member of the control group used by the 
                        Institute of Education Sciences to carry out 
                        previous evaluations of the program under 
                        section 3009.
                    ``(B) Rule of construction.--Nothing in 
                subparagraph (A) may be construed to waive the 
                requirement under section 3005(b)(1)(B) that the 
                eligible entity carrying out the program under this Act 
                must carry out a random selection process, which gives 
                weight to the priorities described in section 3006, if 
                more eligible students seek admission in the program 
                than the program can accommodate.''.

SEC. 5. REQUIRING ELIGIBLE ENTITIES TO UTILIZE INTERNAL FISCAL AND 
              QUALITY CONTROLS.

    Section 3005(b)(1) (sec. 38-1853.05(b)(1), D.C. Official Code) is 
amended--
            (1) in subparagraph (I), by striking ``, except that a 
        participating school may not be required to submit to more than 
        1 site visit per school year'';
            (2) by redesignating subparagraphs (K) and (L) as 
        subparagraphs (L) and (M), respectively;
            (3) by inserting after subparagraph (J) the following:
                    ``(K) how the entity will ensure the financial 
                viability of participating schools in which 85 percent 
                or more of the total number of students enrolled at the 
                school are participating eligible students that receive 
                and use an opportunity scholarship;'';
            (4) in subparagraph (L), as redesignated by paragraph (2), 
        by striking ``and'' at the end; and
            (5) by adding at the end the following:
                    ``(N) how the eligible entity will ensure that it--
                            ``(i) utilizes internal fiscal and quality 
                        controls; and
                            ``(ii) complies with applicable financial 
                        reporting requirements and the requirements of 
                        this division; and''.

SEC. 6. CLARIFICATION OF PRIORITIES FOR AWARDING SCHOLARSHIPS TO 
              ELIGIBLE STUDENTS.

    Section 3006(1) (sec. 38-1853.06(1), D.C. Official Code) is 
amended--
            (1) in subparagraph (A), by striking ``attended'' and all 
        that follows through the semicolon and inserting ``attended an 
        elementary school or secondary school identified as one of the 
        lowest-performing schools under the District of Columbia's 
        accountability system; and'';
            (2) by striking subparagraph (B);
            (3) by redesignating subparagraph (C) as subparagraph (B); 
        and
            (4) in subparagraph (B), as redesignated by paragraph (3), 
        by striking the semicolon at the end and inserting ``or whether 
        such students have, in the past, attended a private school;''.

SEC. 7. MODIFICATION OF REQUIREMENTS FOR PARTICIPATING SCHOOLS AND 
              ELIGIBLE ENTITIES.

    (a) Criminal Background Checks; Compliance With Reporting 
Requirements.--Section 3007(a)(4) (sec. 38-1853.07(a)(4), D.C. Official 
Code) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) by striking subparagraph (F) and inserting the 
        following:
                    ``(F) ensures that, with respect to core subject 
                matter, participating students are taught by a teacher 
                who has a baccalaureate degree or equivalent degree, 
                whether such degree was awarded in or outside of the 
                United States;''; and
            (3) by adding at the end the following:
                    ``(G) conducts criminal background checks on school 
                employees who have direct and unsupervised interaction 
                with students; and
                    ``(H) complies with all requests for data and 
                information regarding the reporting requirements 
                described in section 3010.''.
    (b) Accreditation.--Section 3007(a) (sec. 38-1853.07(a), D.C. 
Official Code), as amended by subsection (a), is further amended--
            (1) in paragraph (1), by striking ``paragraphs (2) and 
        (3)'' and inserting ``paragraphs (2), (3), and (5)''; and
            (2) by adding at the end the following:
            ``(5) Accreditation requirements.--
                    ``(A) In general.--None of the funds provided under 
                this division for opportunity scholarships may be used 
                by a participating eligible student to enroll in a 
                participating private school unless the school--
                            ``(i) in the case of a school that is a 
                        participating school as of the date of 
                        enactment of the SOAR Reauthorization Act--
                                    ``(I) is fully accredited by an 
                                accrediting body described in any of 
                                subparagraphs (A) through (G) of 
                                section 2202(16) of the District of 
                                Columbia School Reform Act of 1995 
                                (Public Law 104-134; sec. 38-
                                1802.02(16)(A)-(G), D.C. Official 
                                Code); or
                                    ``(II) if such participating school 
                                does not meet the requirements of 
                                subclause (I)--
                                            ``(aa) not later than 1 
                                        year after the date of 
                                        enactment of the Consolidated 
                                        Appropriations Act, 2016 
                                        (Public Law 114-113), the 
                                        school is pursuing full 
                                        accreditation by an accrediting 
                                        body described in subclause 
                                        (I); and
                                            ``(bb) is fully accredited 
                                        by such an accrediting body not 
                                        later than 5 years after the 
                                        date on which that school began 
                                        the process of pursuing full 
                                        accreditation in accordance 
                                        with item (aa); and
                            ``(ii) in the case of a school that is not 
                        a participating school as of the date of 
                        enactment of the SOAR Reauthorization Act, is 
                        fully accredited by an accrediting body 
                        described in clause (i)(I) before becoming a 
                        participating school under this division.
                    ``(B) Reports to eligible entity.--Not later than 5 
                years after the date of enactment of the SOAR 
                Reauthorization Act, each participating school shall 
                submit to the eligible entity a certification that the 
                school has been fully accredited in accordance with 
                subparagraph (A).
                    ``(C) Assisting students in enrolling in other 
                schools.--If a participating school fails to meet the 
                requirements of this paragraph, the eligible entity 
                shall assist the parents of the participating eligible 
                students who attend the school in identifying, applying 
                to, and enrolling in another participating school under 
                this division.
            ``(6) Treatment of students awarded a scholarship in a 
        previous year.--An eligible entity shall treat a participating 
        eligible student who was awarded an opportunity scholarship in 
        any previous year and who has not used the scholarship as a 
        renewal student and not as a new applicant, without regard as 
        to--
                    ``(A) whether the eligible student has used the 
                scholarship; and
                    ``(B) the year in which the scholarship was 
                previously awarded.''.
    (c) Use of Funds for Administrative Expenses and Parental 
Assistance.--
            (1) In general.--Section 3007 (sec. 38-1853.07, D.C. 
        Official Code) is amended--
                    (A) by striking subsections (b) and (c) and 
                inserting the following:
    ``(b) Administrative Expenses and Parental Assistance.--The 
Secretary shall make $2,000,000 of the amount made available under 
section 3014(a)(1) for each fiscal year available to eligible entities 
receiving a grant under section 3004(a) to cover the following 
expenses:
            ``(1) The administrative expenses of carrying out its 
        program under this division during the year, including--
                    ``(A) determining the eligibility of students to 
                participate;
                    ``(B) selecting the eligible students to receive 
                scholarships;
                    ``(C) determining the amount of the scholarships 
                and issuing the scholarships to eligible students;
                    ``(D) compiling and maintaining financial and 
                programmatic records;
                    ``(E) conducting site visits as described in 
                section 3005(b)(1)(I); and
                    ``(F)(i) conducting a study, including a survey of 
                participating parents, on any barriers for 
                participating eligible students in gaining admission 
                to, or attending, the participating school that is 
                their first choice; and
                    ``(ii) not later than the end of the first full 
                fiscal year after the date of enactment of the SOAR 
                Reauthorization Act, submitting a report to Congress 
                that contains the results of such study.
            ``(2) The expenses of educating parents about the eligible 
        entity's program under this division, and assisting parents 
        through the application process under this division, 
        including--
                    ``(A) providing information about the program and 
                the participating schools to parents of eligible 
                students, including information on supplemental 
                financial aid that may be available at participating 
                schools;
                    ``(B) providing funds to assist parents of students 
                in meeting expenses that might otherwise preclude the 
                participation of eligible students in the program; and
                    ``(C) streamlining the application process for 
                parents.'';
                    (B) by redesignating subsection (d) as subsection 
                (c); and
                    (C) by redesignating subsection (e), as added by 
                section 162(b) of the Continuing Appropriations Act, 
                2017 (division C of Public Law 114-223, as amended by 
                section 101(3) of the Further Continuing and Security 
                Assistance Appropriations Act, 2017 (Public Law 114-
                254)), as subsection (d).
            (2) Conforming amendment.--Section 3007(d) (sec. 38-
        1853.07(d), D.C. Official Code), as redesignated by paragraph 
        (1)(C), is amended by striking ``subsections (b), (c), and 
        (d)'' each place it appears in paragraphs (2)(B) and (3) and 
        inserting ``subsections (b) and (c)''.
    (d) Clarification of Use of Funds for Student Academic 
Assistance.--Section 3007(c) (sec. 38-1853.07(c), D.C. Official Code), 
as redesignated by subsection (c)(1)(B), is amended by striking 
``previously attended'' and all that follows through the period at the 
end and inserting ``previously attended an elementary school or 
secondary school identified as one of the lowest-performing schools 
under the District of Columbia's accountability system.''.

SEC. 8. PROGRAM EVALUATION.

    (a) Revision of Evaluation Procedures and Requirements.--
            (1) In general.--Section 3009(a) (sec. 38-1853.09(a), D.C. 
        Official Code) is amended to read as follows:
    ``(a) In General.--
            ``(1) Duties of the secretary and the mayor.--The Secretary 
        and the Mayor of the District of Columbia shall--
                    ``(A) jointly enter into an agreement with the 
                Institute of Education Sciences of the Department of 
                Education to evaluate annually the opportunity 
                scholarship program under this division;
                    ``(B) jointly enter into an agreement to monitor 
                and evaluate the use of funds authorized and 
                appropriated for the District of Columbia public 
                schools and the District of Columbia public charter 
                schools under this division; and
                    ``(C) make the evaluations described in 
                subparagraphs (A) and (B) public in accordance with 
                subsection (c).
            ``(2) Duties of the secretary.--The Secretary, through a 
        grant, contract, or cooperative agreement, shall--
                    ``(A) ensure that the evaluation under paragraph 
                (1)(A)--
                            ``(i) is conducted using an acceptable 
                        quasi-experimental research design for 
                        determining the effectiveness of the 
                        opportunity scholarship program under this 
                        division that does not use a control study 
                        group consisting of students who applied for 
                        but did not receive opportunity scholarships; 
                        and
                            ``(ii) addresses the issues described in 
                        paragraph (4); and
                    ``(B) disseminate information on the impact of the 
                program--
                            ``(i) on academic achievement and 
                        educational attainment of participating 
                        eligible students who use an opportunity 
                        scholarship; and
                            ``(ii) on students and schools in the 
                        District of Columbia.
            ``(3) Duties of the institute on education sciences.--The 
        Institute of Education Sciences of the Department of Education 
        shall--
                    ``(A) assess participating eligible students who 
                use an opportunity scholarship in each of grades 3 
                through 8, as well as one of the grades at the high 
                school level, by supervising the administration of the 
                same reading and mathematics assessment used by the 
                District of Columbia public schools to comply with 
                section 1111(b) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311(b));
                    ``(B) measure the academic achievement of all 
                participating eligible students who use an opportunity 
                scholarship in the grades described in subparagraph 
                (A); and
                    ``(C) work with eligible entities receiving a grant 
                under this division to ensure that the parents of each 
                student who is a participating eligible student that 
                uses an opportunity scholarship agrees to permit their 
                child to participate in the evaluations and assessments 
                carried out by the Institute of Education Sciences 
                under this subsection.
            ``(4) Issues to be evaluated.--The issues to be evaluated 
        under paragraph (1)(A) shall include the following:
                    ``(A) A comparison of the academic achievement of 
                participating eligible students who use an opportunity 
                scholarship on the measurements described in paragraph 
                (3)(B) to the academic achievement of a comparison 
                group of students with similar backgrounds in the 
                District of Columbia public schools and the District of 
                Columbia public charter schools.
                    ``(B) The success of the program under this 
                division in expanding choice options for parents of 
                participating eligible students and increasing the 
                satisfaction of such parents and students with their 
                choice.
                    ``(C) The reasons parents of participating eligible 
                students choose for their children to participate in 
                the program, including important characteristics for 
                selecting schools.
                    ``(D) A comparison of the retention rates, high 
                school graduation rates, college enrollment rates, 
                college persistence rates, and college graduation rates 
                of participating eligible students who use an 
                opportunity scholarship with the rates of students in 
                the comparison group described in subparagraph (A).
                    ``(E) A comparison of the college enrollment rates, 
                college persistence rates, and college graduation rates 
                of students who participated in the program in 2004, 
                2005, 2011, 2012, 2013, 2014, and 2015 as the result of 
                winning the Opportunity Scholarship Program lottery 
                with such enrollment, persistence, and graduation rates 
                for students who entered but did not win such lottery 
                in those years and who, as a result, served as the 
                control group for previous evaluations of the program 
                under this division. Nothing in this subparagraph may 
                be construed to waive section 3004(a)(3)(A)(iii) with 
                respect to any such student.
                    ``(F) A comparison of the safety of the schools 
                attended by participating eligible students who use an 
                opportunity scholarship and the schools in the District 
                of Columbia attended by students in the comparison 
                group described in subparagraph (A), based on the 
                perceptions of the students and parents.
                    ``(G) An assessment of student academic achievement 
                at participating schools in which 85 percent of the 
                total number of students enrolled at the school are 
                participating eligible students who receive and use an 
                opportunity scholarship.
                    ``(H) Such other issues with respect to 
                participating eligible students who use an opportunity 
                scholarship as the Secretary considers appropriate for 
                inclusion in the evaluation, such as the impact of the 
                program on public elementary schools and secondary 
                schools in the District of Columbia.
            ``(5) Prohibiting disclosure of personal information.--
                    ``(A) In general.--Any disclosure of personally 
                identifiable information obtained under this division 
                shall be in compliance with section 444 of the General 
                Education Provisions Act (commonly known as the `Family 
                Educational Rights and Privacy Act of 1974') (20 U.S.C. 
                1232g).
                    ``(B) Students not attending public school.--With 
                respect to any student who is not attending a public 
                elementary school or secondary school, personally 
                identifiable information obtained under this division 
                shall only be disclosed to--
                            ``(i) individuals carrying out the 
                        evaluation described in paragraph (1)(A) for 
                        such student;
                            ``(ii) the group of individuals providing 
                        information for carrying out the evaluation of 
                        such student; and
                            ``(iii) the parents of such student.''.
            (2) Transition of evaluation.--
                    (A) Termination of previous evaluations.--The 
                Secretary of Education shall--
                            (i) terminate the evaluations conducted 
                        under section 3009(a) of the Scholarships for 
                        Opportunity and Results Act (sec. 38-
                        1853.09(a), D.C. Official Code), as in effect 
                        on the day before the date of enactment of this 
                        Act, after obtaining data for the 2017-2018 
                        school year; and
                            (ii) submit any reports required for the 
                        2017-2018 school year or preceding years with 
                        respect to the evaluations in accordance with 
                        section 3009(b) of such Act.
                    (B) New evaluations.--
                            (i) In general.--Effective beginning with 
                        respect to the 2018-2019 school year, the 
                        Secretary shall conduct new evaluations in 
                        accordance with the provisions of section 
                        3009(a) of the Scholarships for Opportunity and 
                        Results Act (sec. 38-1853.09(a), D.C. Official 
                        Code), as amended by this Act.
                            (ii) Most recent evaluation.--As a 
                        component of the new evaluations described in 
                        clause (i), the Secretary shall continue to 
                        monitor and evaluate the students who were 
                        evaluated in the most recent evaluation under 
                        such section prior to the date of enactment of 
                        this Act, including by monitoring and 
                        evaluating the test scores and other 
                        information of such students.
    (b) Duty of Mayor To Ensure Institute Has All Information Necessary 
To Carry Out Evaluations.--Section 3011(a)(1) (sec. 38-1853.11(a)(1), 
D.C. Official Code) is amended to read as follows:
            ``(1) Information necessary to carry out evaluations.--
        Ensure that all District of Columbia public schools and 
        District of Columbia public charter schools make available to 
        the Institute of Education Sciences of the Department of 
        Education all of the information the Institute requires to 
        carry out the assessments and perform the evaluations required 
        under section 3009(a).''.

SEC. 9. FUNDING FOR DISTRICT OF COLUMBIA PUBLIC SCHOOLS AND PUBLIC 
              CHARTER SCHOOLS.

    (a) Mandatory Withholding of Funds for Failure To Comply With 
Conditions.--Section 3011(b) (sec. 38-1853.11(b), D.C. Official Code) 
is amended to read as follows:
    ``(b) Enforcement.--If, after reasonable notice and an opportunity 
for a hearing, the Secretary determines that the Mayor has failed to 
comply with any of the requirements of subsection (a), the Secretary 
may withhold from the Mayor, in whole or in part--
            ``(1) the funds otherwise authorized to be appropriated 
        under section 3014(a)(2), if the failure to comply relates to 
        the District of Columbia public schools;
            ``(2) the funds otherwise authorized to be appropriated 
        under section 3014(a)(3), if the failure to comply relates to 
        the District of Columbia public charter schools; or
            ``(3) the funds otherwise authorized to be appropriated 
        under both paragraphs (2) and (3) of section 3014(a), if the 
        failure relates to both the District of Columbia public schools 
        and the District of Columbia public charter schools.''.
    (b) Rules for Use of Funds Provided for Support of Public Charter 
Schools.--Section 3011 (sec. 38-1853.11, D.C. Official Code) is 
amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Specific Rules Regarding Funds Provided for Support of Public 
Charter Schools.--The following rules shall apply with respect to the 
funds provided under this division for the support of District of 
Columbia public charter schools:
            ``(1) The Secretary may direct the funds provided for any 
        fiscal year, or any portion thereof, to the Office of the State 
        Superintendent of Education of the District of Columbia.
            ``(2) The Office of the State Superintendent of Education 
        of the District of Columbia may transfer the funds to 
        subgrantees that are--
                    ``(A) specific District of Columbia public charter 
                schools or networks of such schools; or
                    ``(B) District of Columbia-based nonprofit 
                organizations with experience in successfully providing 
                support or assistance to District of Columbia public 
                charter schools or networks of such schools.
            ``(3) The funds provided under this division for the 
        support of District of Columbia public charter schools shall be 
        available to any District of Columbia public charter school in 
        good standing with the District of Columbia Charter School 
        Board, and the Office of the State Superintendent of Education 
        of the District of Columbia and the District of Columbia 
        Charter School Board may not restrict the availability of such 
        funds to certain types of schools on the basis of the school's 
        location, governing body, or the school's facilities.''.

SEC. 10. REVISION OF CURRENT MEMORANDUM OF UNDERSTANDING.

    Not later than the beginning of the 2018-2019 school year, the 
Secretary of Education and the Mayor of the District of Columbia shall 
revise the memorandum of understanding which is in effect under section 
3012(d) of the Scholarships for Opportunity and Results Act as of the 
day before the date of the enactment of this Act to address the 
following:
            (1) The amendments made by this Act.
            (2) The need to ensure that participating schools under the 
        Scholarships for Opportunity and Results Act meet fire code 
        standards and maintain certificates of occupancy.
            (3) The need to ensure that District of Columbia public 
        schools and District of Columbia public charter schools meet 
        the requirements under such Act to comply with all reasonable 
        requests for information necessary to carry out the evaluations 
        required under section 3009(a) of such Act.

SEC. 11. DEFINITIONS.

    Section 3013 (sec. 38-1853.13, D.C. Official Code) is amended--
            (1) by redesignating paragraphs (1) through (10) as 
        paragraphs (2) through (11), respectively;
            (2) by inserting before paragraph (2), as redesignated by 
        paragraph (1), the following:
            ``(1) Core subject matter.--The term `core subject matter' 
        means--
                    ``(A) mathematics;
                    ``(B) science; and
                    ``(C) English, reading, or language arts.''; and
            (3) in paragraph (4)(B), as redesignated by paragraph (1), 
        by inserting ``household with a'' before ``student''.

SEC. 12. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 3014(a) (sec. 38-1853.14, D.C. Official 
Code) is amended by striking ``and for each of the 4 succeeding fiscal 
years'' and inserting ``and for each fiscal year through fiscal year 
2022''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on September 30, 2016.

SEC. 13. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this Act shall 
apply with respect to school year 2018-2019 and each succeeding school 
year.
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