[Congressional Record Volume 161, Number 105 (Wednesday, July 8, 2015)]
[Senate]
[Pages S4854-S4856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2134. Mr. SCOTT (for himself, Mr. Cruz, Mr. Hatch, Mr. Rubio, and
Mr. Vitter) submitted an amendment intended to be proposed by him to
the bill S. 1177, to reauthorize the Elementary and Secondary Education
Act of 1965 to ensure that every child achieves; which was ordered to
lie on the table; as follows:
At the end, add the following:
TITLE XI--CHOICE ACT
SECTION 11001. SHORT TITLE.
This title may be cited as the ``Creating Hope and
Opportunity for Individuals and Communities through Education
Act'' or the ``CHOICE Act''.
PART A--IMPROVING THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT
SEC. 11101. PURPOSE.
The purpose of this part is to amend the Scholarships for
Opportunity and Results Act (Public Law 112-10, 125 Stat.
199) in order to improve provisions concerning opportunity
scholarships available for low-income students in the
District of Columbia.
SEC. 11102. IMPROVEMENTS TO THE SCHOLARSHIPS FOR OPPORTUNITY
AND RESULTS ACT.
(a) Carryover Amounts.--Section 3014 of division C of the
Department of Defense and Full-Year Continuing Appropriations
Act, 2011 (Public Law 112-10, 125 Stat. 212) is amended by
adding at the end the following:
``(c) Carryover Amounts.--
``(1) In general.--Amounts appropriated under this section
shall remain available until expended.
``(2) Use of carryover amounts.--Of the funds appropriated
under this section that are unobligated, are not expended in
the fiscal year for which such funds are appropriated, and
are not necessary for the continuation of the scholarships
already awarded, the Secretary shall, for the subsequent
fiscal year--
``(A) use 2 percent of such funds to carry out outreach and
parental education and assistance activities described in
section 3007(c) that are in addition to any such activities
carried out by an eligible entity under such section; and
``(B) use the remaining amount of such funds to provide
opportunity scholarships to eligible students who have not
previously received such a scholarship.''.
(b) Clarification in Student Eligibility.--Section 3013(3)
of division C of the Department of Defense and Full-Year
Continuing Appropriations Act, 2011 (Public Law 112-10, 125
Stat. 211) is amended, in the matter preceding subparagraph
(A), by inserting ``, is enrolled, or will be enrolled for
the next school year, in a public or private elementary
school or secondary school,'' after ``District of Columbia''.
PART B--EDUCATION PORTABILITY FOR INDIVIDUALS WITH DISABILITIES
SEC. 11201. PURPOSE.
The purpose of this part is to provide options to States to
innovate and improve the education of children with
disabilities by expanding the choices for students and
parents under the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.).
SEC. 11202. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) Children Enrolled in Private Schools by Their
Parents.--Section 612(a)(10)(A) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(a)(10)(A)) is
amended by adding at the end the following:
``(viii) Parent option program.--If a State has established
a program that meets the requirements of section 663(c)(11)
(whether statewide or in limited areas of the State) and that
allows a parent of a child described in section 663(c)(11)(A)
to use public funds, or private funds in accordance with
633(c)(11)(B)(ii), to pay some or all of the costs of
attendance at a private school--
``(I) funds allocated to the State under section 611 may be
used by the State to supplement such public or private funds,
if the Federal funds are distributed to parents who make a
genuine independent choice as to the appropriate school for
their child, except that in no case shall the amount of
Federal funds provided under this subclause to a parent of a
child with a disability for a year exceed the total amount of
tuition, fees, and
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transportation costs for the child for the year;
``(II) the authorization of a parent to exercise this
option fulfills the State's obligation under paragraph (1)
with respect to the child during the period in which the
child is enrolled in the selected school; and
``(III) a selected school accepting such funds shall not be
required to carry out any of the requirements of this title
with respect to such child.''.
(b) Research and Innovation To Improve Services and Results
for Children With Disabilities.--Section 663(c) of the
Individuals with Disabilities Education Act (20 U.S.C.
1463(c)) is amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(11) supporting the post-award planning and design, and
the initial implementation (which may include costs for
informing the community, acquiring necessary equipment and
supplies, and other initial operational costs), during a
period of not more than 3 years, of State programs that allow
the parent of a child with a disability to make a genuine
independent choice of the appropriate public or private
school for their child, if the program--
``(A) requires that the child be a child who has received
an initial evaluation described in section 614(a) and has
been identified as a child with a disability, in accordance
with part B;
``(B)(i) permits the parent to receive from the State funds
to be used to pay some or all of the costs of attendance at
the selected school (which may include tuition, fees, and
transportation costs); or
``(ii) permits persons to receive a State tax credit for
donations to an entity that provides funds to parents of
eligible students described in subparagraph (A), to be used
by the parents to pay some or all of the costs of attendance
at the selected school (which may include tuition, fees, and
transportation costs);
``(C) prohibits any school that agrees to participate in
the program from discriminating against eligible students on
the basis of race, color, national origin, or sex, except
that--
``(i) the prohibition of sex discrimination 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 such prohibition is
inconsistent with the religious tenets or beliefs of the
school; and
``(ii) notwithstanding this subparagraph or any other
provision of law, a parent may choose, and a school may
offer, a single-sex school, class, or activity;
``(D) notwithstanding any other provision of law, allows
any school participating in the program that is operated by,
supervised by, controlled by, or connected to, a religious
organization to exercise its right in matters of employment
consistent with title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.), including the exemptions in that
title;
``(E) allows a school to participate in the program
without, consistent with the First Amendment of the
Constitution of the United States--
``(i) necessitating any change in the participating
school's teaching mission;
``(ii) requiring any private participating school to remove
religious art, icons, scriptures, or other symbols; or
``(iii) precluding any private 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; and
``(F) requires a participating school selected for a child
with a disability to be--
``(i) accredited, licensed, or otherwise operating in
accordance with State law; and
``(ii) academically accountable to the parent for meeting
the educational needs of the student.''.
PART C--MILITARY SCHOLARSHIPS
SEC. 11301. PURPOSE.
The purpose of this part is to ensure high-quality
education for children of military personnel who live on
military installations and thus have less freedom to exercise
school choice for their children, in order to improve the
ability of the Armed Forces to retain such military
personnel.
SEC. 11302. MILITARY SCHOLARSHIP PROGRAM.
(a) Definitions.--In this section:
(1) ESEA definitions.--The terms ``child'', ``elementary
school'', ``secondary school'', and ``local educational
agency'' have the meanings given the terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Eligible military student.--The term ``eligible
military student'' means a child who--
(A) is a military dependent student;
(B) lives on a military installation selected to
participate in the program under subsection (b)(2); and
(C) chooses to attend a participating school, rather than a
school otherwise assigned to the child.
(3) Military dependent student.--The term ``military
dependent student'' has the meaning given the term in section
572(e) of the National Defense Authorization Act for Fiscal
Year 2006 (20 U.S.C. 7703b(e)).
(4) Participating school.--The term ``participating
school'' means a public or private elementary school or
secondary school that--
(A) accepts scholarship funds provided under this section
on behalf of an eligible military student for the costs of
tuition, fees, or transportation of the eligible military
student; and
(B) is accredited, licensed, or otherwise operating in
accordance with State law.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(b) Program Authorized.--
(1) In general.--From amounts made available under
subsection (g) and beginning for the first full school year
following the date of enactment of this part, the Secretary
shall carry out a 5-year pilot program to award scholarships
to enable eligible military students to attend the public or
private elementary schools or secondary schools selected by
the eligible military students' parents.
(2) Scope of program.--
(A) In general.--The Secretary shall select not less than 5
military installations to participate in the pilot program
described in paragraph (1). In making such selection, the
Secretary shall choose military installations where eligible
military students would most benefit from expanded
educational options.
(B) Ineligibility.--A military installation that provides,
on its premises, education for all elementary school and
secondary school grade levels through one or more Department
of Defense dependents' schools shall not be eligible for
participation in the program.
(3) Amount of scholarships.--
(A) In general.--The annual amount of each scholarship
awarded to an eligible military student under this section
shall not exceed the lesser of--
(i) the cost of tuition, fees, and transportation
associated with attending the participating school selected
by the parents of the student; or
(ii)(I) in the case of an eligible military student
attending elementary school--
(aa) $8,000 for the first full school year following the
date of enactment of this part; or
(bb) the amount determined under subparagraph (B) for each
school year following such first full school year; or
(II) in the case of an eligible military student attending
secondary school--
(aa) $12,000 for the first full school year following the
date of enactment of this part; or
(bb) the amount determined under subparagraph (B) for each
school year following such first full school year.
(B) Adjustment for inflation.--For each school year after
the first full school year following the date of enactment of
this part, the amounts specified in subclauses (I) and (II)
of subparagraph (A)(ii) shall be adjusted to reflect changes
for the 12-month period ending the preceding June in the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.
(4) Payments to parents.--The Secretary shall make
scholarship payments under this section to the parent of the
eligible military student in a manner that ensures such
payments will be used for the payment of tuition, fees, and
transportation expenses (if any) in accordance with this
section.
(c) Selection of Scholarships Recipients.--
(1) Random selection.--If more eligible military students
apply for scholarships under the program under this section
than the Secretary can accommodate, the Secretary shall
select the scholarship recipients through a random selection
process from students who submitted applications by the
application deadline specified by the Secretary.
(2) Continued eligibility.--
(A) In general.--An individual who is selected to receive a
scholarship under the program under this section shall
continue to receive a scholarship for each year of the
program until the individual--
(i) graduates from secondary school or elects to no longer
participate in the program;
(ii) exceeds the maximum age for which the State in which
the student lives provides a free public education; or
(iii) is no longer an eligible military student.
(B) Continued participation for military transfers.--
(i) Transfer to private non-military housing.--
Notwithstanding subparagraph (A)(iii), an individual
receiving a scholarship under this section for a school year
who meets the requirements of subparagraphs (A) and (C) of
subsection (a)(2) and whose family, during such school year,
moves into private non-military housing that is not
considered to be part of the military installation, shall
continue to receive the scholarship for use at the
participating school for the remaining portion of the school
year.
(ii) Transfer to a different military installation.--
Notwithstanding subparagraph (A)(iii), an individual
receiving a scholarship under this section for a school year
whose family is transferred to a different military
installation shall no longer be eligible to receive such
scholarship beginning on the date of the transfer. Such
individual may apply to participate in any program offered
under this section for the new military installation for a
subsequent school year, if such individual qualifies as an
eligible military student for such school year.
(d) Nondiscrimination and Other Provisions.--
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(1) Non-discrimination.--A participating school shall not
discriminate against program participants or applicants on
the basis of race, color, national origin, or sex.
(2) Applicability and single-sex schools, classes, or
activities.--
(A) In general.--Notwithstanding any other provision of
law, the prohibition of sex discrimination in paragraph (1)
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 paragraph
(1) is inconsistent with the religious tenets or beliefs of
the school.
(B) Single-sex schools, classes, or activities.--
Notwithstanding paragraph (1) or any other provision of law,
a parent may choose, and a participating school may offer, a
single-sex school, class, or activity.
(3) Children with disabilities.--Nothing in this section
may be construed to alter or modify the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(4) Rules of conduct and other school policies.--A
participating school, including the schools described in
subsection (e), may require eligible students to abide by any
rules of conduct and other requirements applicable to all
other students at the school.
(e) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other provision of
law, a participating school 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 et seq.), including the exemptions in that title.
(2) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under this title to
eligible military students that are received by a
participating school, as a result of their parents' choice,
shall not, consistent with the First Amendment of the
Constitution of the United States--
(A) necessitate any change in the participating school's
teaching mission;
(B) require any private participating school to remove
religious art, icons, scriptures, or other symbols; or
(C) preclude any private 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.
(f) Reports.--
(1) Annual reports.--Not later than July 30 of the year
following the year of the date of enactment of this part, and
each subsequent year through the year in which the final
report is submitted under paragraph (2), the Secretary shall
prepare and submit to Congress an interim report on the
scholarships awarded under the pilot program under this
section that includes the content described in paragraph (3)
for the applicable school year of the report.
(2) Final report.--Not later than 90 days after the end of
the pilot program under this section, the Secretary shall
prepare and submit to Congress a report on the scholarships
awarded under the program that includes the content described
in paragraph (3) for each school year of the program.
(3) Content.--Each annual report under paragraph (1) and
the final report under paragraph (2) shall contain--
(A) the number of applicants for scholarships under this
section;
(B) the number, and the average dollar amount, of
scholarships awarded;
(C) the number of participating schools;
(D) the number of elementary school students receiving
scholarships under this section and the number of secondary
school students receiving such scholarships; and
(E) the results of a survey, conducted by the Secretary,
regarding parental satisfaction with the scholarship program
under this section.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2016 through 2020.
(h) Offset in Department of Education Salaries.--
Notwithstanding any other provision of law, for fiscal year
2016 and each of the 4 succeeding fiscal years, the Secretary
of Education shall return to the Treasury $10,000,000 of the
amounts made available to the Secretary for salaries and
expenses of the Department of Education for such year.
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