[House Report 110-782]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
   2d Session            HOUSE OF REPRESENTATIVES               110-782
                                                      
======================================================================
 
              PUBLIC CHARTER SCHOOLS HOME RULE ACT OF 2008

                                _______
                                

 July 28, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Waxman, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 6322]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 6322) to amend the District of 
Columbia School Reform Act of 1995 to permit the District of 
Columbia government to exercise authority over the Public 
Charter School Board in the same manner as the District 
government may exercise authority over other entities of the 
District government, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Legislative History..............................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     3
Committee Consideration..........................................     3
Rollcall Votes...................................................     3
Application of Law to the Legislative Branch.....................     3
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Constitutional Authority Statement...............................     4
Federal Advisory Committee Act...................................     4
Unfunded Mandates Statement......................................     4
Earmark Identification...........................................     4
Committee Estimate...............................................     4
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    H.R. 6322, the ``Public Charter Schools Home Rule Act of 
2008,'' amends the District of Columbia School Reform Act of 
1995 to grant the District of Columbia government greater 
authority over its public charter school program and the 
District of Columbia Public Charter School Board (PCSB).
    H.R. 6322, introduced by Rep. Eleanor Holmes Norton, 
eliminates the Secretary of Education's involvement in the 
selection and determination of the membership of the PCSB upon 
the enactment of a law by the District of Columbia establishing 
the membership of the PCSB and the process by which members of 
the PCSB are appointed. Also, under H.R. 6322, certain reports 
and data will no longer have to be provided to various federal 
government entities.

                  Background and Need for Legislation

    Suffering from insolvency and considerable population loss, 
the District of Columbia was subjected to heightened federal 
control during the 1990s in order to improve the city's 
spending practices and governance. In 1995, the District of 
Columbia government began to operate under the Federal Control 
Board, which at the time stripped the vast majority of the 
powers of the local school board and appointed the city's first 
independent Chief Financial Officer. During this period, 
Congress passed the District of Columbia School Reform Act of 
1995, in an effort to take a more proactive role in the city's 
public education system.\1\
---------------------------------------------------------------------------
    \1\ P.L. 104-134.
---------------------------------------------------------------------------
    The Act created the PCSB, which has the authority to grant 
charters in the District of Columbia. Under the Act, the mayor 
has the authority to appoint members to the PCSB but only based 
on a list provided by the Secretary of Education. The Act also 
includes various reporting requirements that mandate that the 
PCSB, the mayor, and the DC Board of Education submit 
information and data on the public charter school program 
annually to various federal government entities.
    To advance the goal of home rule, H.R. 6322 gives the 
District of Columbia authority and oversight over its public 
charter school program by repealing the involvement of the 
Secretary of Education in the selection of PCSB members and by 
no longer requiring the annual submission of information and 
data to the Secretary of Education, Congress, and other federal 
entities.

                          Legislative History

    H.R. 6322 was introduced by Rep. Eleanor Holmes Norton on 
June 19, 2008, and referred to the Committee on Oversight and 
Government Reform.
    On July 15, 2008, the Subcommittee on Federal Workforce, 
Postal Service, and the District of Columbia held a business 
meeting to consider H.R. 6322 and recommended, by a voice vote, 
that the bill be forwarded favorably to the full Committee.
    The full Committee held a business meeting to consider H.R. 
6322 on July 16, 2008, and ordered the bill to be reported 
favorably by a voice vote.

                           Section-by-Section


Sec. 1. Short title

    The short title of the bill is the ``Public Charter Schools 
Home Rule Act of 2008.''

Sec. 2. Authority of the District of Columbia Government to regulate 
        Public Charter School Board

    This section amends section 2214 of the District of 
Columbia School Reform Act of 1995 to require that the 
membership of the PCSB and the process by which members are 
appointed to the Board be determined by future laws enacted by 
the District of Columbia without the involvement of the 
Secretary of Education. Under this section, the Secretary of 
Education will continue to be involved in the appointments 
process until the District enacts such a law.

Sec. 3. Repeal of other requirements relating to receipt of reports by 
        Federal Government

    Subsection (a) eliminates the requirement that the PCSB 
submit an annual report on operational details to the Secretary 
of Education and Congress. The PCSB must continue to provide 
these annual reports to the mayor, the Council of the District 
of Columbia, and the Board of Education.
    Under subsection (b), the mayor no longer has to provide an 
annual report on the number of students and related information 
to the Comptroller General and Congress. The mayor still must 
provide the required information to the Council of the District 
of Columbia.
    Subsection (c) strikes the existing requirement that the 
Board of Education provide Congress with access to its internal 
financial management systems and other data bases. This section 
does not alter the requirement that the Board of Education 
provide the mayor's office and the Council of the District of 
Columbia access to this information.
    This section is intended to provide the District of 
Columbia full responsibility for oversight of its public 
charter school program.

                       Explanation of Amendments

    Rep. Foxx offered an amendment, rejected on a voice vote, 
to place a five-year sunset on the requirements of the bill.

                        Committee Consideration

    On Wednesday, July 16, 2008, the Committee met in open 
session and favorably ordered H.R. 6322 to be reported to the 
House by a voice vote.

                             Rollcall Votes

    No rollcall votes were held.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations. 
H.R. 6322 gives the District of Columbia government 
jurisdiction over its public charter school program and 
therefore does not apply to employment or access to public 
services and accommodations in the legislative branch.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of Rule XIII and clause 
(2)(b)(1) of Rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report, including the need to promote Home Rule by giving 
the District of Columbia government authority over its public 
charter school program.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including providing the government of the 
District of Columbia authority over its public charter school 
program.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 6322. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                      Unfunded Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the bill include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 6322 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 6322. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 6322 from the Director of 
the Congressional Budget Office:

                                                     July 21, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6322, the Public 
Charter Schools Home Rule Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 6322--Public Charter Schools Home Rule Act of 2008

    H.R. 6322 would amend provisions of the District of 
Columbia (D.C.) Official Code regarding charter schools. 
Charter schools are publicly funded schools that have been 
exempted from certain rules and regulations that apply to 
regular public schools. The legislation would allow the city 
government to select members of its Public Charter School 
Board. Under current law, the U.S. Department of Education 
provides the D.C. mayor with the names of individuals to be 
selected for the board.
    CBO estimates that implementing H.R. 6322 would have no 
significant impact on the federal budget and would not affect 
direct spending or revenues.
    H.R. 6322 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

             DISTRICT OF COLUMBIA SCHOOL REFORM ACT OF 1995


TITLE II--DISTRICT OF COLUMBIA SCHOOL REFORM

           *       *       *       *       *       *       *


Subtitle B--Public Charter Schools

           *       *       *       *       *       *       *


SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING AUTHORITIES.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Annual Report.--On or before July 30 of each year, each 
eligible chartering authority that issues a charter under this 
subchapter shall submit a report to the Mayor, the District of 
Columbia Council, the Board of Education, [the Secretary of 
Education, the appropriate congressional committees,] and the 
Consensus Commission that includes the following information:
          (1)  * * *

           *       *       *       *       *       *       *


SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.

  (a) * * *

           *       *       *       *       *       *       *

  (j) Determination of Membership of Board in Accordance With 
District Law.--
          (1) In general.--Notwithstanding subsection (a), the 
        membership of the Board and the process by which 
        members of the Board are appointed shall be determined 
        in accordance with such laws as may be enacted by the 
        District of Columbia.
          (2) Transition.--Subsection (a) shall remain in 
        effect until a law enacted by the District of Columbia 
        takes effect to establish the membership of the Board 
        and the process by which members of the Board are 
        appointed.

           *       *       *       *       *       *       *


 Subtitle D--Per Capita District of Columbia Public School and Public 
Charter School Funding

           *       *       *       *       *       *       *


SEC. 2402. CALCULATION OF NUMBER OF STUDENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Annual Reports.--Not later than October 30 of each year 
the Mayor shall prepare and submit to [the Authority (during a 
control year), the Council, the Comptroller General of the 
United States, and the appropriate congressional committees] 
the Authority (during a control year) and the Council a report 
containing a summary of the calculations made pursuant to 
subsection (b) of this subsection, including the 4 immediately 
prior reporting periods specified in subsection (a) of this 
section.

           *       *       *       *       *       *       *


   Subtitle G--Management and Fiscal Accountability; Preservation of 
School-Based Resources

           *       *       *       *       *       *       *


SEC. 2752. ACCESS TO FISCAL AND STAFFING DATA.

  (a) * * *
  (b) Access.--The Board of Education shall provide read-only 
access to its internal financial management systems and all 
other data bases to designated staff of the Mayor, the Council, 
[the Authority, and appropriate congressional committees] and 
the Authority.

           *       *       *       *       *       *       *


                                  
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