[House Report 114-522]
[From the U.S. Government Publishing Office]
114th Congress} { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-522
======================================================================
SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS REAUTHORIZATION ACT
_______
April 25, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4901]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 4901) to reauthorize the
Scholarships for Opportunity and Results Act, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 10
Explanation of Amendments........................................ 13
Committee Consideration.......................................... 13
Roll Call Votes.................................................. 13
Application of Law to the Legislative Branch..................... 13
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 14
Statement of General Performance Goals and Objectives............ 14
Duplication of Federal Programs.................................. 14
Disclosure of Directed Rule Makings.............................. 14
Federal Advisory Committee Act................................... 14
Unfunded Mandate Statement....................................... 14
Earmark Identification........................................... 14
Committee Estimate............................................... 14
Budget Authority and Congressional Budget Office Cost Estimate... 14
Changes in Existing Law Made by the Bill, as Reported............ 16
Minority Views................................................... 35
Committee Statement and Views
PURPOSE AND SUMMARY
The Scholarships for Opportunity and Results (SOAR)
Reauthorization Act gives families in the District of Columbia
(DC) choice in their children's education. The bill continues
the three-sector approach to education in the District of
Columbia by authorizing $60 million in annual funding, equally
distributed to District of Columbia public schools, public
charter schools, and the Opportunity Scholarship Program (OSP).
The OSP gives children of low-income families in the District
of Columbia access to a quality education through scholarships
to attend private schools.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4901 reauthorizes the three-sector approach to
education in the District of Columbia.\1\ Since 2004, students
in the District of Columbia have had greater access to a
quality education, and the SOAR Reauthorization Act would allow
this trend to continue.
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\1\The three-sector approach was part of the D.C. School Choice
Incentive Act in P.L. 108-99 and was later formalized through the
enactment of the Scholarship for Opportunity and Results Act of 2011 in
P.L. 112-10.
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Helping the District Maintain Educational Improvements
The District of Columbia's public education system has
experienced improvements in recent years, with particularly
positive outcomes appearing in the 2015 school year.
Specifically, from the 2014 school year to the 2015 school
year, the graduation rate for DC public schools increased from
58 percent to 64 percent.\2\ While this gain is welcome, there
is still room for further improvement to help ensure children
in the District have access to a quality education.
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\2\District of Columbia Office of the State Superintendent of
Educ., DC 2014 Adjusted Cohort 4-Year Graduation Rate, available at
http://osse.dc.gov/sites/default/files/dc/sites/osse/publication/
attachments/Adjusted%20Cohort%20Graduation%20Rate%20Overview%202013-
14.pdf; See also District of Columbia Office of the State
Superintendent of Educ. available at http://osse.dc.gov/sites/default/
files/dc/sites/osse/publication/attachments/
Adjusted%20Cohort%20Graduation%20Rate%20Overview%202014-15.pdf
(hereinafter ``DC 2015 Adjusted Cohort 4-Year Graduation Rate'').
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A key pillar of the SOAR Act is the authorization of funds
for public education within the District of Columbia. H.R. 4901
reauthorizes the SOAR Act for another five years, providing
$300 million in additional funding to support education in the
District of Columbia over this timeframe. The $300 million
authorized by H.R. 4901 is divided equally among DC public
schools, DC public charter schools, and the OSP. The OSP does
not take any money away from public schools or public charter
schools within the District. Rather, DC public schools and DC
public charter schools benefit from additional funding that
would otherwise not be available to support education within
the District of Columbia. These funding streams are dedicated
to improving public schools and public charter schools. It has
become increasingly clear in recent years that the District of
Columbia benefits from a strong network of public charter
schools that provide meaningful alternatives to families that
would otherwise be assigned to low-performing public schools.
H.R. 4901 ensures that DC public charter schools receive
funding for continued improvement, strengthening educational
options for District children.
While much work remains to be done for DC public schools,
the most recent graduation rate demonstrates the progress being
made. As a March 2016 letter from DC Mayor Muriel Bowser and a
majority of the DC Council described, ``These [SOAR Act] funds
are critical to the gains that the District's public education
system has seen in recent years.''\3\
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\3\Letter from Muriel Bowser, Mayor, District of Columbia, Phil
Mendelson, Chairman, District of Columbia Council, et al., to Mitch
McConnell, Maj. Leader, U.S. Sen., Harry Reid, Min. Leader, U.S. Sen.,
Paul Ryan, Speaker, U.S. H.R., Nancy Pelosi, Min. Leader, U.S. H.R.
(Mar. 2016).
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In that same letter, the Mayor and Councilmember signees
urge congressional leadership to reauthorize the SOAR Act,
noting ``SOAR Act funding for [DC Public Schools] has been used
to support initiatives that reward and increase retention of
high performing teachers and principals. The funds also help
attract more high quality teachers and principals to DCPS and
to improve the efficiency with which schools are run.''\4\
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\4\Id.
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In addition to the importance of the public school funding
streams for these improvements, evidence suggests the OSP could
have positive impacts on public schools, as the OSP prompted
public school principals within the District to implement
changes to retain students who might pursue the OSP or private
school education. According to a 2010 U.S. Department of
Education study of the OSP, 28 percent of public school
principals indicated that they made changes to their operations
in an effort to keep students from leaving public school for
the OSP or a private school.\5\ As the District continues to
make gains in and through its public schools, H.R. 4901 further
supports those efforts. This legislation is strongly supported
within the District government, as evidenced by the letter from
the DC Mayor and a majority of Councilmembers requesting
Congress reauthorize the SOAR Act.
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\5\Patrick Wolf et al., Evaluation of the DC Opportunity
Scholarship Program: Final Report, U.S. Dep't of Educ., Inst. of Educ.
Sciences, Nat'l Center for Educ. Evaluation & Regional Assistance, at
67, (June 2010) (NCEE 2010-4018) (hereinafter ``Wolf et al., 2010'').
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The Opportunity Scholarship Program is Working and Helping Families
In 2003, when the OSP was developed as part of the DC
Parental Choice Incentive Act of 2003, DC public school
students had the lowest test scores in the nation.\6\ In the
decade since, DC public schools have shown improvement in many
areas; however, DC public school students continue to test well
below national averages, with scores that remain at or near the
bottom of the United States.\7\ While it is important to
support the continued progress of DC public education, families
in the District deserve strong educational options, options
which are made available through the OSP.
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\6\Nat'l Center for Educ. Statistics, Digest of Education
Statistics, Table 222.60 (2013), Table 222.50 (2013), Table 221.60
(2013), Table 221.40 (2013), available at https://nces.ed.gov/
programs/digest/2013menu_tables.asp.
\7\Nat'l Center for Educ. Statistics, National Assessment of
Education Progress (NAEP), The Nation's Report Card, DC 2015, 4th Grade
Reading State Snapshot Report available at http://nces.ed.gov/
nationsreportcard/subject/publications/stt2015/pdf/2016008DC4 (last
visited April 20, 2016) (hereafter ``DC 4th grade 2015 Reading State
Snapshot Report.''); See also Nat'l Center for Educ. Statistics, NAEP,
The Nation's Report Card, DC 2015, 4th Grade Mathematics State Snapshot
available at http://nces.ed.gov/nationsreportcard/subject/publications/
stt2015/
pdf/2016009DC4.pdf (last visited April 20, 2016) (hereafter ``DC 2015
4th Grade Math State Snapshot Report''); See also Nat'l Center for
Educ. Statistics, NAEP, The Nation's Report Card, DC 2015, 8th Grade
Reading State Snapshot available at http://nces.ed.gov/
nationsreportcard/subject/publications/stt2015/pdf/2016008DC8.pdf (last
visited April 20, 2016) (hereafter ``DC 8th grade 2015 Reading State
Snapshot Report''); See also Nat'l Center for Educ. Statistics, NAEP,
The Nation's Report Card, DC 2015, 8th Grade Mathematics State Snapshot
available at http://nces.ed.gov/nationsreportcard/subject/publications/
stt2015/pdf/
2016009DC8.pdf (last visited April 20, 2016) (hereafter ``DC 8th grade
2015 Math State Snapshot Report'').
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In 2015, DC eighth graders had the lowest average math and
reading scores of any state.\8\ In math, 49 percent of students
scored below basic, compared to the national average of 30
percent.\9\ In reading, 44 percent of students scored below a
basic level, compared to the national average of 25
percent.\10\ In 2015, DC fourth graders remain at or near the
bottom of scores in the country.\11\ Among DC fourth graders,
31 percent of students tested below a basic level in math,
compared to the national average of 19 percent.\12\ In reading,
44 percent of students tested below a basic level, compared to
the national average of 32 percent.\13\
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\8\DC 8th grade 2015 Reading State Snapshot Report, supra note 7;
DC 8th grade 2015 Math State Snapshot Report, supra note 7.
\9\DC 8th grade 2015 Math State Snapshot Report, supra note 7.
\10\DC 8th grade 2015 Reading State Snapshot Report, supra note 7.
\11\DC 4th grade 2015 Math State Snapshot Report, supra note 7; DC
4th grade 2015 Reading State Snapshot Report, supra note 7.
\12\DC 4th grade 2015 Math State Snapshot Report, supra note 7.
\13\DC 4th grade 2015 Reading State Snapshot Report, supra note 7.
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Conversely, there is convincing evidence to demonstrate OSP
students are seeing improved achievement against non-OSP
students in reading. The 2009 U.S. Department of Education
evaluation found that after three years, OSP students scored
significantly higher in reading achievement, a difference
equivalent to three or four months of additional learning.\14\
The final evaluation spanning 2004-2009 could not conclusively
report on increased reading achievement, because the
achievement over four years was only statistically significant
at the 94 percent confidence level, and not the 95 percent
confidence level included in the report.\15\ Dr. Patrick Wolf,
the leading researcher on the study, indicated that this was
the result of the sample having changed; as students graduated,
the researchers had a smaller, different group of students for
the fourth-year study.\16\
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\14\Wolf et al., 2010, supra note 5, at 36-41.
\15\Id., at 35-37, Table 3-2 and Figure 3-1 (June 2010) (NCEE 2010-
4018).
\16\H. Comm. on Oversight & Gov't Reform, Hearing on D.C.
Opportunity Scholarship Program: Making the American Dream Possible,
114th Cong. (May 14, 2015) (statement of Dr. Patrick Wolf, Professor
and 21st Century Chair in School Choice at the College of Educ. &
Health Professions at the University of Arkansas); See also Wolf et
al., 2010, supra note 5, at 37, footnote 39.
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Additionally, the OSP has resulted in a meaningful impact
on graduation rates. Despite the recent improvement in
graduation rates for DC public schools, OSP students graduate
high school at a much higher rate. During the 2014-2015 school
year, OSP students had a graduation rate of 90 percent, while
DC public school students had a graduation rate of 64
percent.\17\ OSP students graduated well above the national
average of 82 percent.\18\ Students from low-achieving schools
in particular appear to be benefiting from the OSP, as students
in low-achieving schools that used an OSP scholarship increased
their graduation rate from 66 percent to 79 percent, compared
to students in low-achieving schools that applied but did not
receive an OSP scholarship.\19\ Of the 2014-2015 OSP
population, 98.1 percent would have otherwise attended a school
formerly designated as in need of improvement without the
program.\20\ Further, in 2014, the OSP saw 98 percent of its
graduating students enroll in a two- or four-year college, with
an 88 percent enrollment rate in 2015.\21\
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\17\D.C. Children and Youth Investment Trust Corporation , D.C.
Opportunity Scholarship Program 2014-2015 Program Summary, available at
http://dcscholarships.org/elements/file/OSP/SY%2016-17%20Documents/
DC%20OSP%20Program%20Summary%20-%20SY%202014-15.pdf (last visited April
20, 2016) (hereinafter ``OSP 2014-2015 Program Summary''); See also DC
2015 Adjusted Cohort 4-Year Graduation Rate.
\18\Nat'l Center for Educ. Statistics, Common Core of Data, Public
high school 4-year adjusted cohort graduation rate (ACGR) for the
United States, the 50 states, and the District of Columbia: School Year
2013-2014. This is the latest data available by NCES.
\19\Wolf et al., 2010, supra note 5, at 41.
\20\OSP 2014-2015 Program Summary, supra note 17.
\21\D.C. Children and Youth Investment Trust Corporation, D.C.
Opportunity Scholarship Program 2013-2014 Program Summary, available at
http://dcscholarships.org/elements/file/OSP/SY%2016-17%20Documents/
2014_06_03%20DC%20OSP%20Program%20Summary.pdf (last visited April 20,
2016); See also OSP 2014-2015 Program Summary, supra note 17.
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The OSP is positioning students in the District of Columbia
for academic success that will continue to benefit them for the
rest of their lives. According to the Bureau of Labor
Statistics, in 2015, high school graduates had a median weekly
income that was $185 higher than those without a diploma.\22\
This number is even higher for those with some college
experience, and for those with a bachelor's degree, their
median weekly earnings were more than twice that of those
without a high school diploma.\23\ Additionally, in 2015, the
unemployment rate was 33 percent lower for those with a high
school diploma than for those without.\24\ For those with a
bachelor's degree, the unemployment rate was 65 percent lower
than for those without a high school diploma.\25\ A study
conducted by Dr. Wolf and Dr. Michael McShane found that for
every dollar spent on the program, the OSP produces $2.62, or a
162 percent return on investment.\26\ Simply put, OSP is a
cost-effective program.
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\22\U.S. Bureau of Labor Statistics, Employment Projections 2015,
available at http://www.bls.gov/emp/ep_chart_001.htm (last visited
April 20, 2016).
\23\Id.
\24\Id.
\25\Id.
\26\Patrick J. Wolf and Michael McShane, Is the Juice Worth the
Squeeze? A Benefit/Cost Analysis of the District of Columbia
Opportunity Scholarship Program, Education Finance and Policy (Winter
2013), 8(1), at 74-99.
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OSP parents report that the schools they are choosing for
their children are safer than the alternative public
school.\27\ Parents also exhibited greater satisfaction with
their child's school as a result of the OSP.\28\ According to
an April 2016 report published by the Institute of Education
Sciences examining the OSP, parents indicated greater
satisfaction for private schools than for public schools.\29\
Parents applying to the OSP were surveyed at the time of
application about their satisfaction levels with their child's
current school. 93 percent of parents of private-school
students gave their current school a grade of an A or B, while
only 55 percent of public school parents did the same.\30\ Put
differently, 44 percent of public school parents applying for
the OSP gave their child's current school a grade of a C, D, or
F; only eight percent of private school parents rated their
child's current school as a C or lower.\31\ The strong
satisfaction with private schools helps explain the strong
support for the OSP within the District which is further
demonstrated by 74 percent of OSP parents and the community
supporting the continuation of the program.\32\
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\27\Wolf et al., 2010, supra note 5, at 43-46.
\28\Id.
\29\U.S. Dep't of Educ., Inst. of Educ. Sciences, Nat'l Center for
Educ. Evaluation & Regional Assistance, Applying to the DC Opportunity
Scholarship Program: How do Parents Rate their Children's Current
Schools at Time of Application and what do they Want in New Schools?,
at 4 (Apr. 2016) (NCEE Evaluation Brief) (hereinafter ``NCEE Evaluation
Brief, April 2016'').
\30\Id.
\31\Id. The percentages do not sum to 100 due to rounding.
\32\Lester & Associates, The District of Columbia Citywide Survey,
Feb. 2011, Question 25.
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According to an April 2016 Institute of Education Sciences
report, parents of private school students indicated the least
amount of dissatisfaction with their child's school across each
of the 12 categories measured.\33\ In each category, the
dissatisfaction with public schools was at least 15 percentage
points greater than the dissatisfaction with private
schools.\34\ With respect to ``academic quality'', the top
priority for parents choosing a new school, parents of public
school students registered dissatisfaction at 42 percent
compared to the six percent registered by parents of private
school students.\35\
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\33\NCEE Evaluation Brief, April 2016, supra note 29, at 8.
\34\Id.
\35\Id, at 8 and 10.
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Positive Changes for the OSP
The OSP is contributing to the success of students in the
District and the satisfaction of parents with their child's
education. As a result of the demonstrated success of the OSP,
H.R. 4901 revises the structure for evaluating the program.
Beginning in 2003, the D.C. Parental Choice Incentive Act, and
the subsequent SOAR Act, required the OSP to be evaluated using
the strongest possible research design. To fulfill this
requirement, the U.S. Secretary of Education utilized a
randomized control evaluation, creating a lottery system where
some student applicants received scholarships, while other
student applicants were placed in a ``control group'' and did
not receive a scholarship. The current method of evaluation
limits participation in the program, and excludes students from
receiving a scholarship to complete the evaluation. Given the
documented success of the program, H.R. 4901 shifts the OSP
evaluation to a new standard that will still rigorously measure
student achievement, but not deny scholarships to certain
students through the use of a control group.
To ensure the new evaluation method is rigorous, H.R. 4901
requires the use of a quasi-experimental research design
evaluation. This evaluation compares the academic achievement
of OSP students to the academic achievement of a comparison
group of students with similar backgrounds in District of
Columbia public schools. The study is to continue evaluating
students who received a scholarship and were previously studied
under the former evaluation. The evaluation is not a
descriptive analysis, nor does it compare OSP students to their
own performance over time, but rather is an evaluation of OSP
student achievement compared to DC public school student
achievement, comparing students from similar backgrounds. The
study should be designed to meet the U.S. Department of
Education's What Works ClearinghouseTM standards for
a ``qualified quasi-experimental design'' and therefore permit
evaluators to draw causal conclusions about the program, with
the reservations typical of such non-experimental analyses.\36\
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\36\What Works Clearinghouse, Designing Quasi-Experiments: Meeting
What Works Clearinghouse Standards Without Random Assignment, Webinar
Transcript, Mar. 3, 2015, available at http://ies.ed.gov/ncee/wwc/
multimedia/qedwebinar/wwc_webinar_qed_030315.pdf.
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The legislation also addresses prior concerns over
administration of the OSP. Two previously published Government
Accountability Office reports cited concerns with the OSP
administrator's internal controls, including policies and
procedures for financial management; The Washington Post also
conducted an investigation in 2012 which highlighted similar
concerns.\37\ These reports also noted that the OSP
administrator did not maintain complete information about OSP
schools' accreditation, which serves as a means of
accountability and oversight.\38\ H.R. 4901 responds to these
recommendations by requiring the OSP Administrator to utilize
internal fiscal and quality controls, and also by requiring OSP
participating schools to become accredited.
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\37\Gov't Accountability Office, District of Columbia Opportunity
Scholarship Program: Additional Policies and Procedures Would Improve
Internal Controls and Program Operations, at 20 (Nov. 2007) (GAO-08-9);
see also Gov't Accountability Office, District of Columbia Opportunity
Scholarship Program: Actions Needed to Address Weaknesses in
Administration and Oversight, at 19 (Sept. 2013) (GAO-13-805); see also
Lyndsey Layton and Emma Brown, Quality Controls Lacking for D.C.
Schools Accepting Federal Vouchers, Wash. Post, Nov. 17, 2012.
\38\Id.
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These controls include a requirement that the administrator
of the OSP report on how it will ensure the financial viability
of OSP participating schools with an OSP population that is 85
percent or greater of the total number of students enrolled at
the school. With respect to accreditation, the bill contains
accreditation requirements that all schools must be accredited
within four years of enactment of the Consolidated
Appropriations Act, 2016.\39\ These changes will address
quality control concerns, and help ensure students in the
District of Columbia receive the high standard education they
deserve.
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\39\The Consolidated Appropriations Act, 2016 contained
accreditation provisions requiring OSP participating schools become
accredited. However, concerns arose over the way the language was
drafted over the possibility that schools could participate in the
program without ever becoming fully accredited. Out of an abundance of
caution, H.R. 4901 repeals the Consolidated Appropriations Act, 2016
language (Division E, Sec. 817) and replaces it with clearer language
ensuring accreditation. Because the original accreditation language
(which required OSP participating, unaccredited schools and
unaccredited schools who want to participate in the OSP begin seeking
accreditation within a year of enactment) took effect upon enactment of
the Consolidated Appropriations Act, 2016, the accreditation language
in H.R. 4901 is tied to this original enactment date to maintain the
five year accreditation timeline originally envisioned and enacted
through the Consolidated Appropriations Act, 2016.
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The legislation also requires that criminal background
checks be conducted on school employees who have direct,
unsupervised interaction with students, and that at OSP
participating schools, teachers of core subject matter
(mathematics; science; and English, reading, or language arts)
have a baccalaureate or equivalent degree.
H.R. 4901 makes clear that students who are eligible for
the OSP may not be prevented from participating in the program
based on the type of school the student previously attended,
whether a student was previously awarded a scholarship that
remains unused, and/or whether the student was a member of the
previous control group used in the Institute of Education
Sciences study. The U.S. Department of Education has not
allowed otherwise eligible students to participate in the OSP
for these reasons; the Department claims the SOAR Act's
direction to the Department to ``target resources to students
and families that lack the financial resources to take
advantage of available educational options'' allows it to
exclude these eligible students from participating in the
program.\40\ This new language prevents the Department from
continuing this practice of shutting eligible students out of
the program.
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\40\Letter from Nadya Chinoy Dabby, Asst. Deputy Sec. for
Innovation and Improvement, U.S. Dep't. of Educ., to Jason Chaffetz,
Chairman, H. Comm. on Oversight & Gov't. Reform, (Mar. 2, 2016)
(hereinafter ``Letter from Nadya Chinoy Dabby''); See also Pub. L. No.
112-10, Division C, Sec. 3006 (2).
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This legislation also clarifies that funds which have been
appropriated to the OSP but have not been used must be made
available to the administrator of the OSP to grant scholarships
and execute the administrative functions of the program.
Currently, the U.S. Department of Education does not allow the
administrator of the OSP access to funds which have been
appropriated to the OSP but remain unexpended from previous
fiscal years, claiming the Department must maintain those funds
to ensure current students can stay in the OSP in the event
that Congress does not appropriate funding to the program in
the future.\41\ Historically, in the one period when Congress
did not allow for new enrollment in the OSP, it still
appropriated funding to the OSP so currently enrolled students
could continue their education on a scholarship, as was done
through appropriations for Fiscal Year 2009.\42\ Thus, the
Department's concerns are unfounded and H.R. 4901 ensures the
administrator has access to the carryover funds to provide OSP
scholarships to as many eligible students as possible.
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\41\Letter from Nadya Chinoy Dabby.
\42\Pub. L. No. 111-117, Division C, Title IV.
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All of these changes serve to enhance the OSP. H.R. 4901
provides greater oversight and transparency of the program
while ensuring students are able to participate in the OSP and
the program administrator has access to the resources which
Congress has appropriated to it.
Reauthorizing SOAR
In October 2015, the House passed H.R. 10 in an effort to
reauthorize the SOAR Act. Subsequently, the text of that
legislation was used as the base text for negotiations between
the House and the Senate, where a bipartisan, bicameral
agreement was reached to make a handful of changes (as
highlighted by this report) to the legislation. While these
changes were not substantial, but rather served to further the
intent of H.R. 10, the importance of this legislation merited
its reconsideration before the Committee as a new bill,
providing the opportunity for members to comment and vote on
the legislation. For that reason, Chairman Jason Chaffetz (R-
UT) introduced the revised text as H.R. 4901.
Just as H.R. 10 before it, H.R. 4901 reauthorizes the
three-sector approach which means improved educational outcomes
for District of Columbia students.
Educational choice is aimed at bringing about improvements
across all schools. H.R. 4901 means a continued emphasis on
educational quality across District of Columbia schools. Simply
put, the SOAR Reauthorization Act brings opportunity to those
most in need.
LEGISLATIVE HISTORY
The DC OSP was first created as part of H.R. 2556, the D.C.
Parental Choice Incentive Act, sponsored by Rep. Tom Davis (R-
VA), which was favorably reported by the Committee on
Government Reform by a 22-21 vote on July 10, 2003. The
legislation was subsequently incorporated into H.R. 2673, the
Consolidated Appropriations Act, 2004 (P.L. 108-199).
Appropriations for the program were authorized through FY2008.
The Omnibus Appropriation Act, 2009 (P.L. 111-8) specified
that the use of any funds in any act for Opportunity
Scholarships after the 2009-2010 school year be available only
upon reauthorization of the program and the adoption of
legislation by the District of Columbia approving such
reauthorization. The Consolidated Appropriations Act, 2010
(P.L. 111-117) eliminated this restriction on funding,
allocating $13.2 million for Opportunity Scholarships to
students who received scholarships in the 2009-2010 school
year.
During the 112th Congress, Speaker John Boehner (R-OH)
introduced H.R. 471, the Scholarships for Opportunity and
Results (SOAR) Act, on January 26, 2011 to reauthorize the DC
OSP. The bill was referred to the Committee on Oversight and
Government Reform. The companion bill, S.206, was introduced on
January 26, 2011 by Senator Joseph Lieberman (D-CT). The bill
was referred to the Senate Homeland Security and Governmental
Affairs Committee, which held a hearing on February 16, 2011.
The Subcommittee on Health Care, D.C., Census, and National
Archives of the Committee on Oversight and Government Reform
held a hearing on the DC OSP and H.R. 471 on March 1, 2011. The
Committee favorably reported the legislation by a 21-14 vote on
March 10, 2011. H.R. 471 passed the House on March 30, 2011, by
a record vote of 225-195. The legislation was subsequently
incorporated into H.R. 1473, the Department of Defense and
Full-Year Continuing Appropriations Act, 2011, (P.L. 112-10).
Appropriations for the program were authorized through FY 2016.
Representative Trey Gowdy (R-SC) introduced H.R. 3237, the
SOAR Technical Corrections Act on October 18, 2011. The bill
was referred to the Committee on Oversight and Government
Reform, and the Committee then reported the legislation
favorably by voice vote on November 3, 2011. H.R. 3237 was
signed into law on February 1, 2012 (P.L. 112-92).
On May 14, 2015, the Committee on Oversight and Government
Reform held a field hearing at Archbishop Carroll High School,
a participating DC OSP school, to examine the reauthorization
of DC OSP.
After the field hearing, Speaker John Boehner (R-OH)
introduced H.R. 10, the Scholarships for Opportunity and
Results (SOAR) Reauthorization Act on October 5, 2015.
Representatives Jason Chaffetz (R-UT), John Kline (R-MN),
Daniel Lipinski (R-IL), Todd Rokita (R-IN), Rodney
Frelinghuysen (R-NJ), and Luke Messer (R-IN) were original co-
sponsors.
On October 9, 2015, the Committee on Oversight and
Government Reform ordered H.R. 10 favorably reported, as
amended, by a recorded vote of 16-14. Representative Rod Blum
(R-IA), a cosponsor of H.R.10, was detained voting in another
Committee. Had Representative Blum been present for the vote,
he would have voted in favor of reporting the bill, as amended.
H.R. 10 passed the House on October 21, 2015, by a record vote
of 240-191.
Representative Jason Chaffetz (R-UT) introduced H.R. 4901,
the Scholarships for Opportunity and Results (SOAR)
Reauthorization Act on April 12, 2016. The bill was referred to
the Committee on Oversight and Government Reform, and the
Committee then favorably reported the legislation by voice vote
on April 14, 2016.
Section-by-Section
Section 1. Short title; References in act
Designates the short title of the bill as the ``SOAR
Reauthorization Act''.
Makes clear any amendment or repeal cited within the Act is
in reference to the Scholarships for Opportunity and Results
Act (division C of Public Law 112-10; sec. 38-1853.01 et. Seq.,
D.C. Official Code).
Section 2. Repeal
Repeals section 817 of the Consolidated Appropriations Act,
2016 (P.L. 114-113). Any provision of law amended or repealed
by such section is restored.
Section 3. Purposes
Strikes section 3002 (sec. 38-1853.02, D.C. Official Code).
Amends sec. 3003 (sec. 38-1853.03, D.C. Official Code). The
purpose of this bill is to continue to provide educational
opportunities for the children of low-income parents within the
District of Columbia.
Section 4. Prohibiting imposition of limits on types of eligible
students participating in the program
Amends section 3004(a) (sec. 38-1853.04(a), D.C. Official
Code). Makes clear the U.S. Secretary of the Department of
Education (Secretary) may not limit an otherwise eligible
student from participating in the OSP based on the type of
school the student previously attended, whether or not the
student previously received a scholarship (including whether an
eligible student was previously awarded a scholarship and did
not use the scholarship), or whether the student was a member
of the evaluation ``control group'' that previously prohibited
them from participating in OSP.
If more students enter the OSP than the program can
support, the program administrator must conduct a random
selection process that gives weight to priorities in section
3006.
Section 5. Requiring eligible entities to utilize internal fiscal and
quality controls
Amends section 3005(b)(1) (sec. 38-1853.05(b)(1), D.C.
Official Code). Makes clear that a participating school may not
be required to submit to more than one site visit per school
year.
Requires the administering entity to ensure the financial
viability of participating schools with an OSP population of 85
percent or greater. The entity administering the OSP must have
proper fiscal and quality controls in place as a condition to
managing the scholarship program.
Section 6. Clarification of priorities for awarding scholarships to
eligible students
Amends Section 3006(1) (sec. 38-1853.06(1), D.C. Official
Code) to remove the terminology ``school identified for
improvement, corrective action, or restructuring'' and replaces
it with ``school identified as one of the lowest-performing
schools under the District of Columbia's accountability
system''.
Section 7. Modification of requirements for participating schools and
eligible entities
Amends section 3007(a)(4) (sec. 38-1853.07(a)(4), D.C.
Official Code). Requires a teacher at an OSP participating
school who teaches core subject matter to OSP participating
students to have a baccalaureate or equivalent degree.
Requires school employees with direct, unsupervised
interaction with students to have criminal background checks.
Requires participating schools to comply with requests for
data pursuant to the statutory reporting requirements in Sec.
3010 of P.L. 112-10.
Further amends section 3007(a) (sec. 38-1853.07(a), D.C.
Official Code). Requires all OSP participating schools to be
accredited, or in the process of seeking accreditation. Current
OSP participating, unaccredited schools have one year from the
date of enactment of the Consolidated Appropriations Act, 2016
(Public Law 114-113) to begin seeking accreditation and five
years from the date of enactment of Consolidated Appropriations
Act, 2016 (Public Law 114-113) to become accredited. New
schools may participate in the OSP if they are accredited
before beginning participation. Within five years after the
date of enactment of the SOAR Reauthorization Act, all
participating schools must provide the OSP administrator with a
certificate of full accreditation.
Requires the eligible entity to help parents of an OSP
participating student find another participating school in the
event that such student attends an OSP participating school
that fails to meet the accreditation requirements.
Makes clear students who were previously awarded an
opportunity scholarship in any previous year are to be treated
as renewal students and not new applicants, regardless of when
the scholarship was awarded and whether it was used.
Requires the Secretary to make any remaining available
funds appropriated for the OSP available to the entity
administering the OSP, including funds appropriated before the
enactment of the SOAR Reauthorization Act and any funds
appropriated on or after enactment of such act. If the eligible
entity chooses to use these funds, the funds shall be used to
award new scholarships to students, of which not more than five
percent of unexpended funds may be used for administrative
costs, parental assistance, and tutoring. The amount made
available for administrative costs, parental assistance, and
tutoring is in addition to funds already set aside for those
purposes pursuant to the SOAR Reauthorization Act.
Section 3007 (sec. 38-1853.07, D.C. Official Code) is
further amended by repealing the previous language on
administrative expenses and parental assistance and replacing
it with an authorization of $2 million annually in appropriated
funds to carry out administrative functions and provide
parental education and assistance. These responsibilities
include: conducting site visits to the schools; conducting a
study on the barriers OSP participating students face in
gaining admission to the school of their first choice;
providing parents information on supplemental financial aid and
funds to assist parents in meeting expenses that would
otherwise preclude the student's participation; and
streamlining the application.
Amends section 3007(c) (sec. 38-1853.07(c), D.C. Official
Code) to conform to the changes made in Section 6 of this Act.
Section 8. Program evaluation
Amends section 3009(a) (sec. 38-1853.09(a), D.C. Official
Code). Requires the Mayor of DC and Secretary to have the
Institute of Education Sciences (IES), within the Department of
Education, annually evaluate the OSP, and agree to monitor and
evaluate D.C. public schools and public charter schools' use of
funds. These evaluations are to be made public.
Requires the Secretary to ensure that the annual OSP
evaluation uses a quasi-experimental research design that does
not require a control group that would prohibit eligible
students from entering the OSP and to disseminate information
on the impact of the program.
Makes clear IES will assess participating students in
grades 3 through 8 and one grade in high school and that the
evaluation shall measures student achievement of participating
students who use an opportunity scholarship. IES will work with
eligible entities to ensure parents of participating students
agree to participate in the evaluations.
Requires the following issues be evaluated by IES: a
comparison of academic achievement of OSP participating
students with similar backgrounds in D.C. public schools; the
success of expanding choice options for parents and increasing
satisfaction of parents and students with their choice; reasons
for participating in the program; a comparison of retention,
graduation, college admission, college persistence, and college
graduation rates of OSP participating students with those in
the D.C. public school comparison group (a similar comparison
of college enrollment, persistence, and graduation rates for
students who participated in the OSP in certain years compared
to students who entered the OSP lottery but were not selected);
school safety; an assessment of student achievement at OSP
participating schools with 85 percent or greater enrollment of
OSP participating students; and other issues the Secretary
deems appropriate.
The bill provides protections for the personally
identifiable information of students.
The evaluation conducted under the previous authorizations
of the SOAR Act will be terminated, but the Secretary will
continue to monitor and evaluate students who were evaluated
under the most recent evaluation prior to the date of enactment
of this Act.
Section 9. Funding for District of Columbia public schools and public
charter schools
The Secretary may withhold funds from the Mayor if the
Mayor fails to comply with any of the requirements, and
reasonable notice was given as well as the opportunity for a
hearing.
The Secretary may direct funds to the Office of the State
Superintendent of Education of the District of Columbia (OSSE),
and OSSE may transfer funds to subgrantees that are DC public
charter schools, public charter school networks, nonprofits
that support DC public charters, or networks of schools.
Requires the Mayor to make all necessary DC public and
public charter school information available to IES for the
purposes of carrying out the evaluation.
Section 10. Revision of current memorandum of understanding
The Mayor and Secretary will revise their memorandum of
understanding to reflect the amendments within this Act, the
need to ensure that participating schools meet fire code
standards and maintain certificates of occupancy, and to ensure
that DC public and public charter schools meet the requirements
to provide information necessary to carry out evaluations.
Section 11. Definitions
Defines ``core subject matter'' and redesignates certain
paragraphs.
Section 12. Extension of authorization of appropriations
Amends section 3014 (sec. 38-1853.14, D.C. Official Code)
to extend the authorization through September 30, 2021. Makes
clear that amounts appropriated, including amounts appropriated
before the date of enactment of this Act, are to remain
available until expended.
Section 12. Effective date
The amendments in the Act apply beginning the 2017-2018
school year and each succeeding school year.
Explanation of Amendments
No amendments to H.R. 4901 were offered or adopted during
Full Committee consideration of the bill.
Committee Consideration
On March 14, 2016, the Committee met in open session and
ordered reported favorably the bill, H.R. 4901, by voice vote,
a quorum being present.
Roll Call Votes
No roll call votes were requested or conducted during Full
Committee consideration of H.R. 4901.
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 the terms and conditions of
employment or access to public services and accommodations.
This bill reauthorizes the Scholarships for Opportunity and
Results Act. As such this bill does not relate to employment or
access to public services and accommodations.
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.
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
goal or objective of this bill is to reauthorize the
Scholarships for Opportunity and Results Act.
Duplication of Federal Programs
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
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 Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(1) 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
this bill. However, clause 3(d)(2)(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 of
1974.
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 this bill from the Director of
Congressional Budget Office:
April 21, 2016.
Hon. Jason Chaffetz,
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. 4901, the
Scholarships for Opportunity and Results Reauthorization Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Leah
Koestner.
Sincerely,
Keith Hall.
Enclosure.
H.R. 4901--Scholarships for Opportunity and Results Reauthorization Act
Summary: H.R. 4901 would amend and reauthorize the
Scholarships for Opportunity and Results Act and would
authorize the appropriation of $60 million for each of fiscal
years 2017 through 2021. CBO estimates that enacting H.R. 4901
would cost $300 million over the 2017-2021 period, assuming
appropriation of the authorized amounts.
Enacting H.R. 4901 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply to
this legislation.
CBO estimates that enacting H.R. 4901 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 4901 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any costs to the District of Columbia would be incurred
voluntarily and would result from complying with conditions of
assistance.
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 4901 is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 60 60 60 60 60 300
Estimated Outlays....................................... 60 60 60 60 60 300
----------------------------------------------------------------------------------------------------------------
Basis of estimate: H.R. 4901 would authorize the
appropriation of $60 million for each of fiscal years 2017
through 2021. The program is currently authorized through
fiscal year 2016 at $60 million annually. In fiscal year 2016,
the Congress appropriated $45 million for this program.
The bill would direct the funds to be divided equally for
the following three purposes:
To provide scholarships for private-school
tuition to parents of students who reside in the
District of Columbia and to meet certain criteria under
the D.C. Opportunity Scholarship Program;
To improve public education in the District
of Columbia; and
To improve and expand quality public charter
schools in the District of Columbia.
Based on historical spending patterns for this program and
assuming appropriation of the authorized amounts, CBO projects
that enacting the bill would cost $300 million over the 2017-
2021 period.
Pay-as-you-go considerations: None.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting H.R. 4901 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: H.R. 4901
contains no intergovernmental or private-sector mandates as
defined in UMRA. An educational entity of the District of
Columbia may voluntarily choose to apply to the Department of
Education to distribute grants through the School Choice
Program, but any associated costs to the District would be
incurred voluntarily and would result from complying with
conditions of assistance. If low-income students choose to
attend private schools, the District of Columbia school system
could lose federal grants based on the number of low-income
students in the system.
Previous CBO estimates: On October 16, 2015, CBO
transmitted an estimate for H.R. 10, the Scholarships for
Opportunity and Results Reauthorization Act, as ordered
reported by the House Committee on Oversight and Government
Reform on October 9, 2015. The two pieces of legislation are
similar but CBO's estimate of the budgetary effects of H.R.
4901 includes an additional year.
Estimate prepared by: Federal Costs: Leah Koestner; Impact
on State, Local, and Tribal Governments: Jon Sperl; Impact on
the Private Sector: Paige Piper/Bach.
Estimate approved by: H. Samuel Papenfuss, 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, and existing law in which no
change is proposed is shown in roman):
SECTION 817 OF THE CONSOLIDATED APPROPRIATIONS ACT, 2016
[Sec. 817. (a) This section may be cited as the ``D.C.
Opportunity Scholarship Program School Certification
Requirements Act''.
[(b) Section 3007(a) of the Scholarships for Opportunity and
Results Act (Public Law 112-10; 125 Stat. 203) is amended--
[(1) in paragraph (4)--
[(A) in subparagraph (E), by striking ``and''
after the semicolon;
[(B) in subparagraph (F), by striking the
period at the end and inserting a semicolon;
and
[(C) by adding at the end the following:
[``(G)(i) is provisionally or fully
accredited by a national or regional
accrediting agency that is recognized in the
District of Columbia School Reform Act of 1995
(sec. 38-1802.02(16)(A)-(G), D.C. Official
Code) or any other accrediting body deemed
appropriate by the Office of the State
Superintendent for Schools for the purposes of
accrediting an elementary or secondary school;
or
[``(ii) in the case of a school that
is a participating school as of the day
before the date of enactment of the
D.C. Opportunity Scholarship Program
School Certification Requirements Act
and, as of such day, does not meet the
requirements of clause (i)--
[``(I) by not later than 1
year after such date of
enactment, is pursuing
accreditation by a national or
regional accrediting agency
recognized in the District of
Columbia School Reform Act of
1995 (sec. 38-1802.02(16)(A)-
(G), D.C. Official Code) or any
other accrediting body deemed
appropriate by the Office of
the State Superintendent for
Schools for the purposes of
accrediting an elementary or
secondary school; and
[``(II) by not later than 5
years after such date of
enactment, is provisionally or
fully accredited by such
accrediting agency, except that
an eligible entity may grant
not more than one 1-year
extension to meet this
requirement for each
participating school that
provides evidence to the
eligible entity from such
accrediting agency that the
school's application for
accreditation is in process and
the school will be awarded
accreditation before the end of
the 1-year extension period;
[``(H) conducts criminal background checks on
school employees who have direct and
unsupervised interaction with students; and
[``(I) complies with all requests for data
and information regarding the reporting
requirements described in section 3010.''; and
[(2) by adding at the end the following:
[``(5) New participating schools.--If a school is not
a participating school as of the date of enactment of
the D.C. Opportunity Scholarship Program School
Certification Requirements Act, the school shall not
become a participating school and none of the funds
provided under this division for opportunity
scholarships may be used by an eligible student to
enroll in that school unless the school--
[``(A) is actively pursuing provisional or
full accreditation by a national or regional
accrediting agency that is recognized in the
District of Columbia School Reform Act of 1995
(sec. 38-1802.02(16)(A)-(G), D.C. Official
Code) or any other accrediting body deemed
appropriate by the Office of the State
Superintendent for Schools for the purposes of
accrediting an elementary or secondary school;
and
[``(B) meets all of the other requirements
for participating schools under this Act.
[``(6) Enrolling in another school.--An eligible
entity shall assist the parents of a participating
eligible student in identifying, applying to, and
enrolling in an another participating school for which
opportunity scholarship funds may be used, if--
[``(A) such student is enrolled in a
participating private school and may no longer
use opportunity scholarship funds for
enrollment in that participating private school
because such school fails to meet a requirement
under paragraph 4, or any other requirement of
this Act; or
[``(B) a participating eligible student is
enrolled in a school that ceases to be a
participating school.''.
[(c) Report to Eligible Entities.--Section 3010 of the
Scholarships for Opportunity and Results Act (Public Law 112-
10; 125 Stat. 203) is further amended--
[(1) by redesignating subsection (d) as subsection
(e); and
[(2) by inserting after subsection (c) the following:
[``(d) Reports to Eligible Entities.--The eligible entity
receiving funds under section 3004(a) shall ensure that each
participating school under this division submits to the
eligible entity beginning not later than 5 years after the date
of the enactment of the D.C. Opportunity Scholarship Program
School Certification Requirements Act, a certification that the
school has been awarded provisional or full accreditation, or
has been granted an extension by the eligible entity in
accordance with section 3007(a)(4)(G).''.
[(d) Unless specifically provided otherwise, this section,
and the amendments made by this section, shall take effect 1
year after the date of enactment of this Act.]
----------
SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT
* * * * * * *
DIVISION C--SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT
* * * * * * *
SEC. 3003. PURPOSE.
The purpose of this division is to provide low-income parents
residing in the District of Columbia, [particularly parents of
students who attend elementary schools or secondary schools
implementing comprehensive support and improvement activities
or targeted support and improvement activities under section
1111(d) of the Elementary and Secondary Education Act of 1965,
with] 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 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. 3004. GENERAL AUTHORITY.
(a) Opportunity Scholarships.--
(1) In general.--From funds appropriated under
section 3014(a)(1), the Secretary shall award grants on
a competitive basis to eligible entities with approved
applications under section 3005 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
division.
(2) Duration of grants.--The Secretary may make
grants under this subsection for a period of not more
than 5 years.
(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.
(b) DC Public Schools and Charter Schools.--From funds
appropriated under paragraphs (2) and (3) of section 3014(a),
the Secretary shall provide funds to the Mayor of the District
of Columbia, if the Mayor agrees to the requirements described
in section 3011(a), for--
(1) the District of Columbia public schools to
improve public education in the District of Columbia;
and
(2) the District of Columbia public charter schools
to improve and expand quality public charter schools in
the District of Columbia.
SEC. 3005. APPLICATIONS.
(a) In General.--In order to receive a grant under section
3004(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 3004(a) unless the
entity's application includes--
(1) a detailed description of--
(A) how the entity will address the
priorities described in section 3006;
(B) how the entity will ensure that if more
eligible students seek admission in the program
of the entity 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
3006;
(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 3007(a);
(F) how the entity will determine the amount
that will be provided to parents under section
3007(a)(2) for the payment of tuition, fees,
and transportation expenses, if any;
(G) how the entity will seek out private
elementary schools and secondary schools in the
District of Columbia to participate in the
program;
(H) how the entity will ensure that each
participating school will meet the reporting
and other program requirements under this
division;
(I) how the entity will ensure that
participating schools submit to site visits by
the entity as determined to be necessary by the
entity[, except that a participating school may
not be required to submit to more than 1 site
visit per school year];
(J) how the entity will ensure that
participating schools are financially
responsible and will use the funds received
under section 3007 effectively;
(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;
[(K)] (L) how the entity will address the
renewal of scholarships to participating
eligible students, including continued
eligibility; [and]
[(L)] (M) how the entity will ensure that a
majority of its voting board members or
governing organization are residents of the
District of Columbia; and
(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
(2) an assurance that the entity will comply with all
requests regarding any evaluation carried out under
section 3009(a).
SEC. 3006. PRIORITIES.
In awarding grants under section 3004(a), the Secretary shall
give priority to applications from eligible entities that will
most effectively--
(1) in awarding scholarships under section 3007(a),
give priority to--
(A) eligible students who, in the school year
preceding the school year for which the
eligible students are seeking a scholarship,
[attended an elementary school or secondary
school implementing comprehensive support and
improvement activities or targeted support and
improvement activities under section 1111(d) of
the Elementary and Secondary Education Act of
1965;] attended an elementary school or
secondary school identified as one of the
lowest-performing schools under the District of
Columbia's accountability system; and
[(B) students who have been awarded a
scholarship in a preceding year under this
division or the DC School Choice Incentive Act
of 2003 (sec. 38-1851.01 et seq., D.C. Official
Code), as such Act was in effect on the day
before the date of the enactment of this
division, but who have not used the
scholarship, including eligible students who
were provided notification of selection for a
scholarship for school year 2009-2010, which
was later rescinded in accordance with
direction from the Secretary of Education; and]
[(C)] (B) students whose household includes a
sibling or other child who is already
participating in the program of the eligible
entity under this division, 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
3009(a)[;] or whether such students have, in
the past, attended a private school;
(2) target resources to students and families that
lack the financial resources to take advantage of
available educational options; and
(3) provide students and families with the widest
range of educational options.
SEC. 3007. USE OF FUNDS.
(a) Opportunity Scholarships.--
(1) In general.--Subject to [paragraphs (2) and (3)]
paragraphs (2), (3), and (5), an eligible entity
receiving a grant under section 3004(a) shall use the
grant funds to provide eligible students with
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 entity's
program under this division 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 3004(a) shall make
scholarship payments under the entity's program under
this division 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 division.
(3) Amount of assistance.--
(A) Varying amounts permitted.--Subject to
the other requirements of this section, an
eligible entity receiving a grant under section
3004(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 the entity's
program under this division 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.--Beginning with school year
2012-2013, the Secretary shall adjust
the maximum amounts of assistance
described in clause (i) 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 this division 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 pursuant to section 3005(b)(1)(I);
(E) has financial systems, controls,
policies, and procedures to ensure that funds
are used according to this division; [and]
[(F) ensures that, with respect to core
academic subjects (as such term was defined in
section 9101(11) of the Elementary and
Secondary Act of 1965 (20 U.S.C. 7801(11)) on
the day before the date of enactment of the
Every Student Succeeds Act), 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.]
(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;
(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.
(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.
[(b) Administrative Expenses.--An eligible entity receiving a
grant under section 3004(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 this
division 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;
[(4) compiling and maintaining financial and
programmatic records; and
[(5) conducting site visits as described in section
3005(b)(1)(I).
[(c) Parental Assistance.--An eligible entity receiving a
grant under section 3004(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 entity's program under this
division, and assisting parents through the application
process, under this division, 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.]
(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.
[(d)] (c) Student Academic Assistance.--An eligible entity
receiving a grant under section 3004(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. If there are
insufficient funds to provide tutoring services to all such
students in a year, the eligible entity shall give priority in
such year to students who [previously attended an elementary
school or secondary school that was implementing comprehensive
support and improvement activities or targeted support and
improvement activities under section 1111(d) of the Elementary
and Secondary Education Act of 1965.] previously attended an
elementary school or secondary school identified as one of the
lowest-performing schools under the District of Columbia's
accountability system.
(d) Requiring Use of Funds Remaining Unobligated From
Previous Fiscal Years.--
(1) In general.--To the extent that any funds
appropriated for the opportunity scholarship program
under this division for any fiscal year remain
available for subsequent fiscal years under section
3014(c), the Secretary shall make such funds available
to eligible entities receiving grants under section
3004(a) for the uses described in paragraph (2)--
(A) in the case of any remaining funds that
were appropriated before the date of enactment
of the SOAR Reauthorization Act, beginning on
the date of enactment of such Act; and
(B) in the case of any remaining funds
appropriated on or after the date of enactment
of such Act, by the first day of the first
subsequent fiscal year.
(2) Use of funds.--If an eligible entity to which the
Secretary provided additional funds under paragraph (1)
elects to use such funds during a fiscal year, the
eligible entity shall use--
(A) not less than 95 percent of such
additional funds to provide additional
scholarships for eligible students under
section 3007(a), or to increase the amount of
the scholarships, during such year; and
(B) not more than a total of 5 percent of
such additional funds for administrative
expenses, parental assistance, or tutoring, as
described in subsections (b) and (c), during
such year.
(3) Special rule.--Any amounts made available for
administrative expenses, parental assistance, or
tutoring under paragraph (2)(B) shall be in addition to
any other amounts made available for such purposes in
accordance with subsections (b) and (c).
* * * * * * *
SEC. 3009. 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
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 the strongest
possible research design for
determining the effectiveness of the
opportunity scholarship program under
this division; and
[(ii) addresses the issues described
in paragraph (4); and
[(B) disseminate information on the impact of
the program--
[(i) in increasing the academic
growth and achievement of participating
eligible students; and
[(ii) on students and schools in the
District of Columbia.
[(3) Duties of the institute of education sciences.--
The Institute of Education Sciences of the Department
of Education shall--
[(A) use a grade appropriate, nationally
norm-referenced standardized test each school
year to assess participating eligible students
in a manner consistent with section 3008(h);
[(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 a scholarship under this division
(regardless of whether the student receives the
scholarship) and the parents of each student
participating in the scholarship program under
this division, agree that the student will
participate, if requested by the Institute of
Education Sciences, in the measurements given
annually by the Institute of Educational
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 3006.
[(4) Issues to be evaluated.--The issues to be
evaluated under paragraph (1)(A) shall include the
following:
[(A) A comparison of the academic growth and
achievement of participating eligible students
in the measurements described in paragraph (3)
to the academic growth and achievement of the
eligible students in the same grades who sought
to participate in the scholarship program under
this division but were not selected.
[(B) The success of the program in expanding
choice options for parents of participating
eligible students, improving parental and
student satisfaction of such parents and
students, respectively, and increasing parental
involvement of such parents in the education of
their children.
[(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, and college
admission rates of participating eligible
students with the retention rates, high school
graduation rates, and college admission rates
of students of similar backgrounds who do not
participate in such program.
[(E) A comparison of the safety of the
schools attended by participating eligible
students and the schools in the District of
Columbia attended by students who do not
participate in the program, based on the
perceptions of the students and parents.
[(F) Such other issues with respect to
participating eligible students 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.
[(G) An analysis of the issues described in
subparagraphs (A) through (F) by applying such
subparagraphs by substituting ``the subgroup of
participating eligible students who have used
each opportunity scholarship awarded to such
students under this division to attend a
participating school'' for ``participating
eligible students'' each place such term
appears.
[(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.]
(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) in increasing 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 of 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.
(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 schools.--
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.
(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 April 1 of
the year following the year of the date of enactment of
this division, and each subsequent year through the
year in which the final report is submitted under
paragraph (2), on the progress and preliminary results
of the evaluation of the opportunity scholarship
program funded under this division; and
(2) a final report, not later than 1 year after the
final year for which a grant is made under section
3004(a), on the results of the evaluation of the
program.
(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 under section
3014(a)(1) for the fiscal year.
SEC. 3010. REPORTING REQUIREMENTS.
(a) Activities Reports.--Each eligible entity receiving funds
under section 3004(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 eligible entity receiving
funds under section 3004(a) shall, not later than
September 1 of the year during which the second school
year of the entity'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 school years, concerning--
(A) the academic growth and achievement of
students participating in the program;
(B) the high school 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 Parents.--
(1) In general.--Each eligible entity receiving funds
under section 3004(a) shall ensure that each school
participating in the entity's program under this
division during a school 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) Reports to Eligible Entities.--The eligible entity
receiving funds under section 3004(a) shall ensure that each
participating school under this division submits to the
eligible entity beginning not later than 5 years after the date
of the enactment of the D.C. Opportunity Scholarship Program
School Certification Requirements Act, a certification that the
school has been awarded provisional or full accreditation, or
has been granted an extension by the eligible entity in
accordance with section 3007(a)(4)(G).]
[(e)] (d) Report to Congress.--Not later than 6 months after
the first appropriation of funds under section 3014, and each
succeeding year thereafter, 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).
SEC. 3011. DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER SCHOOLS.
(a) Condition of Receipt of Funds.--As a condition of
receiving funds under this division on behalf of the District
of Columbia public schools and the District of Columbia public
charter schools, the Mayor shall agree to carry out the
following:
[(1) Information requests.--Ensure that all the
District of Columbia public schools and the District of
Columbia public charter schools comply with all
reasonable requests for information for purposes of the
evaluation under section 3009(a).]
(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).
(2) Agreement with the secretary.--Enter into the
agreement described in section 3009(a)(1)(B) 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.
(3) Submission of report.--Not later than 6 months
after the first appropriation of funds under section
3014, and each succeeding year thereafter, submit to
the Committee 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 this division for the District of
Columbia public schools and the District of
Columbia public charter schools were used in
the preceding school year; and
(B) how such funds are contributing to
student achievement.
[(b) Enforcement.--If, after reasonable notice and an
opportunity for a hearing for the Mayor, the Secretary
determines that the Mayor has not been in compliance with 1 or
more of the requirements described in subsection (a), the
Secretary may withhold from the Mayor, in whole or in part,
further funds under this division for the District of Columbia
public schools and the District of Columbia public charter
schools.]
(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.
(c) 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.
[(c)] (d) Rule of Construction.--Nothing in this section
shall be construed to reduce, or otherwise affect, funding
provided under this division for the opportunity scholarship
program under this division.
* * * * * * *
SEC. 3013. DEFINITIONS.
As used in this division:
(1) Core subject matter.--The term ``core subject
matter'' means--
(A) mathematics;
(B) science; and
(C) English, reading, or language arts.
[(1)] (2) 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)] (3) Eligible entity.--The term ``eligible
entity'' means any of the following:
(A) A nonprofit organization.
(B) A consortium of nonprofit organizations.
[(3) ] (4) 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 household with
a student participating in the
opportunity scholarship program in the
preceding year under this division or
the DC School Choice Incentive Act of
2003 (sec. 38-1851.01 et seq., D.C.
Official Code), as such Act was in
effect on the day before the date of
enactment of this division, 300 percent
of the poverty line.
[(4)] (5) Mayor.--The term ``Mayor'' means the Mayor
of the District of Columbia.
[(5)] (6) Parent.--The term ``parent'' has the
meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965.
[(6)] (7) Participating eligible student.--The term
``participating eligible student'' means an eligible
student awarded an opportunity scholarship under this
division, without regard to whether the student uses
the scholarship to attend a participating school.
[(7)] (8) Participating school.--The term
``participating school'' means a private elementary
school or secondary school participating in the
opportunity scholarship program of an eligible entity
under this division.
[(8)] (9) Poverty line.--The term ``poverty line''
has the meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965.
[(9)] (10) Secondary school.--The term ``secondary
school'' means an institutional day or residential
school, including a public secondary charter school,
that provides secondary education, as determined under
District of Columbia law, except that the term does not
include any education beyond grade 12.
[(10)] (11) Secretary.--The term ``Secretary'' means
the Secretary of Education.
SEC. 3014. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$60,000,000 for fiscal year 2012 [and for each of the 4
succeeding fiscal years] and for each fiscal year through
fiscal year 2021, of which--
(1) one-third shall be made available to carry out
the opportunity scholarship program under this division
for each fiscal year;
(2) one-third shall be made available to carry out
section 3004(b)(1) for each fiscal year; and
(3) one-third shall be made available to carry out
section 3004(b)(2) for each fiscal year.
(b) Apportionment.--If the total amount of funds appropriated
under subsection (a) for a fiscal year does not equal
$60,000,000, the funds shall be apportioned in the manner
described in subsection (a) for such fiscal year.
(c) Availability.--Amounts appropriated under subsection
(a)(1), including amounts appropriated and available under such
subsection before the date of enactment of the SOAR
Reauthorization Act, shall remain available until expended.
MINORITY VIEWS
The Committee's consideration of H.R. 4901 may be
unprecedented. In October 2015, the Committee and the House
passed H.R. 10, which was substantially similar to H.R. 4901.
The Senate has not acted on H.R. 10 or the Senate companion
bill, S. 2171. We have never seen the Committee take action a
second time in the same Congress on a bill that the House has
already passed, but that has received no action in the Senate.
We are particularly perplexed by the Committee's
consideration of the bill in light of the Majority's effort to
include it in a House fiscal year 2017 appropriations bill.\1\
Legislating on an appropriations bill violates House rules and
cedes this Committee's authorizing jurisdiction.\2\ We object
to this request and urge regular order, which in this case
would be to await Senate action, if any, on H.R. 10 or S. 2171.
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\1\Letter from Chairman Jason Chaffetz, House Committee on
Oversight and Government Reform, and 19 other Members to the House
Appropriations Committee (Mar. 17, 2016).
\2\Rule XXI, Clause 2.
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We oppose H.R. 4901 for the same reasons we opposed H.R.
10: the District of Columbia voucher program has failed to
improve academic achievement; D.C. has a robust public school
choice system; and the program exempts students from the
protection of federal civil rights laws.
According to a Department of Education study mandated by
statute, the program has not improved academic achievement, as
measured by math and reading test scores, and has had ``no
significant impacts'' on the academic achievement of students
from the lowest performing public schools.\3\
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\3\Institute of Education Sciences, Department of Education,
Evaluation of the DC Opportunity Scholarship Program: Final Report
(June 2010).
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Previous authorizations of the program mandated an
evaluation of its effectiveness. The authorizations required
``the strongest possible research design for determining the
effectiveness of the . . . program,'' and the evaluation
utilized the gold standard of scientific research, a randomized
controlled trial.
H.R. 4901 abandons this commitment to rigorous evaluation.
It requires that an evaluation be ``conducted using an
acceptable quasi-experimental research design,'' and it
expressly prohibits a randomized controlled trial. According to
evaluators of the program, a randomized controlled trial ``is
especially important in the context of school choice because
families wanting to apply for a choice program may have
educational goals and aspirations that differ from the average
family.''\4\
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\4\Institute of Education Sciences, Department of Education,
Evaluation of the DC Opportunity Scholarship Program: An Early Look at
Applicants and Participating Schools Under the SOAR Act (Oct. 2014).
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The District has a robust public school choice system in
which 45% of public school students attend charter schools,\5\
and 75% of public school students attends out-of-boundary
public schools.\6\
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\5\D.C. Public Charter School Board, Facts and Figures: Market
Share (online at www.depcsb.org/facts-and-figures-market-share)
accessed April 19, 2016).
\6\Very Few D.C. Students Attend Assigned Schools, Data Show,
Washington Post (Feb. 19, 2014) (online at www.washingtonpost.com/
blogs/local/wp/2014/02/19/very-few-d-c-students-attend-assigned-
schools-data-show).
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The D.C. voucher program was the first federal elementary
and secondary private school voucher program in the country,
and it remains the only such program. Congress has repeatedly
rejected efforts to create a national voucher program. Last
year, both the House and Senate considered several national
voucher amendments during reauthorization of the Elementary and
Secondary Education Act, but none passed.
The D.C. voucher program has never been authorized through
regular order. When Congress first created the program in 2004,
and then reauthorized it in 2011, it did so by adding voucher
bills as riders to appropriations bills.\7\ The Senate has
never passed a stand-alone D.C. voucher bill.
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\7\Department of Defense and Full-Year Continuing Appropriations
Act, 2011, Pub. L. No. 112-10, and Consolidated Appropriations Act,
2004, Pub. L. No. 108-199.
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In a letter to Congress on March 7, 2016, D.C. Mayor Muriel
Bowser and 8 of 13 D.C. Council Members did not support the
voucher program itself, but rather supported the bill because
it reauthorizes D.C. public and charter school funding.\8\
These officials recognize that Republicans have conditioned
reauthorization of public and charter school funding on
reauthorization of the voucher program funding.
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\8\Letter from Mayor Muriel Bowser, District of Columbia, et al. to
House and Senate Leadership (Mar. 7, 2016).
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We acknowledge the D.C. government's concern about losing
public and charter school funding, which has been part of
D.C.'s education budget for a decade. During creation of the
voucher program, Congresswoman Eleanor Holmes Norton, with the
assistance of the Archbishop of Washington, insisted that
public and charter school funding be provided in conjunction
with voucher program funding.
Finally, the program exempts students from the protection
of federal civil rights laws that apply to public schools and
federally funded programs, including Title IV and VI of the
Civil Rights Act of 1964; Title IX of the Education Amendments
Act of 1972; the Equal Educational Opportunities Act of 1974;
the Individuals with Disabilities Education Act; and the
Rehabilitation Act of 1973. Under the program, the federal
funding is considered assistance to the student and not to the
school. Students should not have to give up the protection of
federal civil rights laws to participate in a federal program.
Elijah E. Cummings.
Eleanor Holmes Norton.
Gerald E. Connolly.
[all]