[Congressional Record Volume 157, Number 11 (Wednesday, January 26, 2011)]
[Senate]
[Pages S283-S287]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself, Ms. Collins, Mrs. Feinstein, Mr. 
        Alexander, and Mr. Ensign):
  S. 206. A bill to reauthorize the DC Opportunity Scholarship Program, 
and for other purposes; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce the 
Scholarships for Opportunity and Results Act--SOAR--which seeks to 
reauthorize the DC Opportunity Scholarship Program or OSP. And I am 
proud to be joined by a bipartisan group of Senators in introducing 
this bill--Senator Collins, Senator Feinstein, Senator Alexander and 
Senator Ensign.
  The DC Opportunity Scholarship Program offers scholarships to low-
income students, especially those from failing schools, to attend 
private schools where they can get a better education. This program 
offers District of Columbia students and their families a choice that 
improves the quality of their education and significantly increases 
their likelihood of graduating from high school and attending college.
  Here in Washington, there are many families who can exercise school 
choice. They can afford to live in neighborhoods with good schools, 
they can provide engaging supplemental and afterschool opportunities 
for their children, or they can choose to send their children to 
private schools. However, there are many low-income families whose 
children are trapped in failing schools and do not have those options.
  School reformers in Washington, through their hard work and, at 
times, controversial policies, have begun to make a difference for 
students in the District of Columbia. I applaud the work of Michelle 
Rhee and her team in their tireless efforts to make the District's 
schools better. I am pleased that Mayor Gray has indicated he will 
continue school reform because there is much more work to do on behalf 
of Washington's schoolchildren. District of Columbia test scores are on 
the rise but even so, according to recent National Assessment of 
Educational Progress data, the District of Columbia, while having one 
of the highest per pupil expenditures in the country, settles at the 
bottom of all states in reading and math for both 4th and 8th grade 
students. District of Columbia schools also have among the lowest 
graduation rates in the country.
  We all know that meaningful and effective change is slow and we still 
have a long way to go before we can be confident that each student in 
the District is getting the public education they deserve. Ronald 
Holassie, a high school student in the OSP, expressed the implications 
of this well when he said ``public schools in the District did not go 
bad over night and they won't get better over night.'' Students cannot 
wait for reforms to take effect in the worst of the District's public 
schools--they need a good education right now if they are going to be 
able to fulfill their potential. The Opportunity Scholarships respond 
to that immediate need.
  One of the goals of the OSP is holistic support of the reforms that 
are helping to improve education in all sectors of education here in 
the District. Since 2003, Congress has supported a tri-sector approach 
by appropriating new funds for District public schools, District public 
charter schools and the Opportunity Scholarship Program. Critics of the 
OSP argue that it takes away funds from public schools. That is simply 
not true. The scholarship program was intentionally designed to ensure 
that any funding for Opportunity Scholarships would not reduce funding 
for public schools. This legislation will provide additional new money 
for the District of Columbia's Public Schools, for District of Columbia 
Public Charter Schools, and for the continuation of the Opportunity 
Scholarship Program. We have not changed the three part funding design 
of the initiative.
  The SOAR Act also strengthens the existing requirements for all 
schools participating in the OSP by requiring a valid certificate of 
occupancy and ensuring that teachers in core subjects have an 
appropriate college degree. The bill continues to target students from 
lower income families who are attending those schools most in need of 
improvement and it increases the tuition amounts slightly to levels 
consistent with the tuition charged at typical participating schools. 
The new amounts are still well below the per pupil cost of educating a 
child in the District of Columbia public schools. While we have kept 
the income ceiling for entry into the program unchanged, we have 
increased slightly the income ceiling for those already participating 
in the program to ensure that parents are not forced to choose between 
a modest raise in their income and the scholarship.
  The most recent study conducted by the Department of Education's 
Institute of Education Science shows that the offer of an OSP 
scholarship raised a student's probability of completing high school by 
twelve percentage points overall. The offer of a scholarship improved 
the graduation prospects by thirteen percentage points for the high-
priority group of students from schools designated ``Schools in Need of 
Improvement'' and for those students actually using an OSP scholarship 
the improved graduation rate went up to twenty percentage points. In 
the District of Columbia, where the graduation rates are among the 
lowest in the country, this is important data that cannot be 
overlooked. Overall, parents of OSP students were more satisfied and 
felt school was safer if their child was offered or used an OSP 
scholarship.
  In a landmark education speech at the outset of his presidency, 
President Obama promised that Education Secretary Arne Duncan ``will 
use only one test when deciding what ideas to support . . . : It's not 
whether an idea is liberal or conservative, but whether it works.'' By 
that standard, this program should be continued. It is not a 
Democratic, Republican, or Independent program--it is not a liberal or 
conservative program--it is a program that puts children first. The 
Opportunity Scholarship Program works as evidenced by increased 
graduation rates, higher reading proficiency, and the overwhelming 
support of District families. I urge Republicans and Democrats to rally 
behind the OSP program. Last year we had a vote on the bill that 
received the support of 42 Senators. In this Congress, I will be 
fighting for another vote and am confident there will be more than 50 
votes to reauthorize the program. With these votes and the strong 
support of Speaker Boehner I am hopeful we can give students here in 
the District the opportunities they deserve.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 206

       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:

[[Page S284]]

       (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

[[Page S285]]

       (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

[[Page S286]]

     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

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     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.

  Ms. COLLINS. Mr. President, I am pleased to be joining Senator 
Lieberman in introducing the Scholarships for Opportunity and Results 
Act of 2011, also known as the SOAR Act. This important piece of 
legislation will reauthorize the DC Opportunity Scholarship Program, 
which has successfully provided additional educational options for some 
of our nation's most at-risk children.
  Sadly, DC's public schools continue to underperform despite a per-
pupil expenditure rate that is one of the highest in the nation. 
Experts have carefully studied the DC Opportunity Scholarship Program 
and concluded that the educational success of the program's 
participants in reading has outpaced those in DC public schools.
  Approximately 6 years ago, leaders in the District of Columbia became 
frustrated with institutionalized failure within the public school 
system, and designed a unique ``three-sector'' strategy that provided 
new funding for public schools, public charter schools and new 
educational options for needy children. Working with the District, 
Congress and the Bush administration then implemented the DC School 
Choice Incentive Act in 2004, giving birth to the DC Opportunity 
Scholarship Program.
  The program is the first to provide federally funded scholarships to 
students, and has enabled low-income students from the District of 
Columbia public school system to attend the independent-private or 
parochial school of their choice. For many of these students, this was 
their first opportunity to access a high-quality education.
  In March 2009, the Department of Education released its evaluation of 
the program's impact after three years, which showed that overall, 
students offered scholarships had higher reading achievement than those 
not offered scholarships--the equivalent of an additional three months 
of learning.
  Studies have also shown that parents were overwhelmingly satisfied 
with their children's experience in the program. Common reasons for 
this higher level of satisfaction included, appreciation for the 
ability to choose their child's school, the success their children are 
having in new school environments, and the support provided by the DC 
Children and Youth Investment Trust Corporation, which runs the 
program.
  In May 2009, Chairman Lieberman and I held a compelling hearing in 
the Homeland Security and Governmental Affairs Committee where we heard 
the personal success stories of current and former participants in the 
program. Their testimony helped to highlight the real-world 
implications of discontinuing the program.
  Ronald Holassie, then a junior at Archbishop Carroll, gave compelling 
testimony about the impact this program has had on his life. His mother 
was so concerned about the education he had been receiving that she was 
considering sending him to school in her home country of Trinidad, 
until she found out about the Opportunity Scholarship Program. Ronald 
said something very near the end of our hearing in response to a 
question from a member of the Committee that I also found enlightening. 
He said, ``DC schools didn't get bad over night, and they aren't going 
to get better overnight either.'' The program is critical to that 
improvement.
  Based on what we have learned over the past few years, Chairman 
Lieberman and I drafted a bipartisan bill to reauthorize the DC 
Opportunity Scholarship Program. This effort is also being replicated 
in the House with a bill introduced by Speaker Boehner.
  One of the reasons that I so strongly believe in the three-sector 
approach to funding for education in the District is that it reaffirms 
Congress' commitment to improving educational outcomes and 
opportunities, not just for the students attending private schools, but 
also for all students in the District--including those attending DC 
public and charter schools.
  I know that each of us shares the common goal of ensuring that all 
students in the District are receiving the highest quality education, 
which is why it is incumbent upon us to act and to act now to fully 
reauthorize the DC Opportunity Scholarship Program.
                                 ______