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108TH CONGRESS
1ST SESSION
H. R. 684
IN THE HOUSE OF REPRESENTATIVES
Mr. FLAKE introduced the following bill; which was referred to the
Committee on . . .
A BILL
To provide scholarships for District of Columbia elementary and
secondary students, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE, FINDINGS, AND PRECEDENTS.
(a) SHORT TITLE. -- This Act may be cited as the "District of
Columbia Student Opportunity Scholarship Act of 2003".
(b) FINDINGS.-Congress makes the following findings:
(1) Public education in the District of Columbia is in a crisis, as
evidenced by the following:
(A) The District of
Columbia schools have the lowest average of any school system in the
Nation on the National Assessment of Education Progress.
(B) 72 percent of
fourth graders in the District of Columbia tested below basic
proficiency in reading on the National Assessment of Education Progress
in 1998.
(C) According to
the District of Columbia's own data, only 53 percent of District of
Columbia public school students in the 10th grade are reading at or
above the basic level.
(D) Only 28 percent
of District of Columbia public school students in the 10th grade test at
or above the basic level in mathematics.
(E) The National
Education Goals Panel reported in 1996 that both students and teachers
in District of Columbia schools are subjected to levels of violence that
are twice the national average.
(F) In 1999, nearly
one in five District of Columbia high school students stated that, at
some point in the preceding month, they felt too unsafe to go to school,
while nearly one out of every seven students admitted to bringing
a weapon to school.
(G) Many of the District of Columbia's 146 schools are in a state of
terrible disrepair, including leaking roofs, bitterly cold classrooms,
and numerous fire code violations.
(2)
Significant improvements in the education of educationally deprived
children in the District of Columbia can be accomplished by
(A) increasing
educational opportunities for the children by expanding the range of
educational choices that best meet the needs of the children;
(B) fostering
diversity and competition among school programs for the children;
(C) providing the
families of the children more of the educational choices already
available to affluent families; and
(D) enhancing the
overall quality of edification in the District of Columbia by increasing
parental
involvement in the direction of the education of the children.
(3) The 475 private schools in the District of Columbia and the
surrounding area offer a safer and more stable learning environment than
many of the public schools.
(4) Costs are often much lower in private schools than corresponding
costs in public schools.
(5) Not all children are alike and therefore there is
no one school or program that fits the needs of all children.
(6)
The formation of sound values and moral character is crucial to helping
young people escape from lives of poverty, family breakup, drug abuse,
crime, and school failure.
(7)
In addition to offering knowledge and skills, education should contribute
positively to the formation of the internal norms and values which are
vital to a child's success in life and to the well-being of society.
(8)
Schools should help to provide young people with a sound moral foundation
which is consistent with the values of their parents. To find such a
school, parents need a full range of choices to determine where their
children can best be educated.
(c) PRECEDENTS. -- The United States Supreme Court has determined
that programs giving parents choice and increased input in their
children's education, including the choice of a religious education, do
not violate tire Constitution. The Supreme Court has held that as long
as the beneficiary decides where education funds will be spent on such
individual's behalf, public funds can be used for education in a
religious institution because the public entity has neither advanced nor
hindered a particular religion, or religion in general, and therefore
has not violated the
establishment clause of the first amendment to the Constitution. Supreme
Court precedents include the following:
(1) Wisconsin v.
Yoder, 406 U.S. 205 (1972), Pierce v. Society of Sisters, 268 U.S. 510
(192 5), and Meyer v. Nebraska, 262 U.S. 390 (1923), which held that
parents have the primary role in and are the primary decision makers
in all areas regarding the education and upbringing of their children.
(2) Mueller v. Allen, 463 U.S. 388 (1983), which
declared a Minnesota tax deduction program that provided State income
tax benefits for educational expenditures by parents, including
tuition in religiously affiliated schools, does not violate the
Constitution.
(3) Witters v.
Department of Services for the Blind, 474 U.S. 481 (1986), in which
the Supreme Court ruled unanimously that public funds for the
vocational training of the blind could be used at Bible college for
ministry training.
(4) Zobrest v.
Catalina Foothills School District, 509 U.S. 1 (1993), which held that
a deaf child could receive an interpreter, paid for by the public, in
a private religiously affiliated school under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.). The case held
that providing an interpreter in a religiously affiliated school did
not violate the establishment clause of the first amendment of the
Constitution.
(5)
Simmons-Harris v. Zelman, 122 S. Ct. 2460 (2002), which upheld as
constitutional a school voucher program providing tuition subsidies to
students in failing schools in Cleveland to enable them to attend
private schools, notwithstanding that most of the private schools were
religious in nature.
SEC. 2.
DEFINITIONS.
In this Act:
(1) The term
"Board" means the Board of Directors of the Corporation
established under section 3(b)(1).
(2) The term
"Corporation" means the District of Columbia Scholarship
Corporation established under section 3(a).
(3) The term
"eligible institution" --
(A) in the case
of an institution serving a student who receives a tuition scholarship
under section 4(d)(1), means a public, private, or independent
elementary or secondary school; and
(B) in the case
of an institution serving a student who receives an enhanced
achievement scholarship under section 4(d)(2), means an elementary or
secondary school or an entity drat provides services to a student
enrolled in an elementary or secondary school to enhance such
student's achievement through instruction described in section
4(d)(2).
(4) The term "parent" includes a legal
guardian or other person standing in loco parentis.
(5)
The term "poverty line" means the official poverty line, as
established by the Director of the Office of Management and Budget and
revised annually under section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)), applicable to a family of the size
involved.
SEC. 3. DISTRICT OF
COLUMBIA SCHOLARSHIP CORPORATION.
(a) GENERAL
REQUIREMENTS.
(1) IN GENERAL. -- There is authorized to be
established a private, nonprofit corporation, to he known as the
"District of Columbia Scholarship Corporation", which is
neither an agency nor establishment of the United States Government or
the District of Columbia Government.
(2)
DUTIES. -- The Corporation shall have the responsibility and authority
to administer, publicize, and evaluate the scholarship program in
accordance with this Act, and to determine student and school
eligibility for participation in such program.
(3)
CONSULTATION. -- The Corporation shall exercise its authority --
(A) in a manner
consistent with maximizing educational opportunities for the maximum
number of interested families; and
(B) in
consultation with the District of Columbia
Board of Education or entity exercising administrative jurisdiction
over the District of Columbia Public Schools, the Superintendent of
the District of Columbia Public Schools, arid other school scholarship
programs in the District of Columbia.
(4) APPLICATION OF
PROVISIONS. -- The Corporation shall be subject to the provisions of
this Act, and, to the extent consistent with this Act, to the District
of Columbia Nonprofit Corporation Act (sec. 29-301.01 et seq., D.C.
Official Code).
(5)
RESIDENCE. -- The Corporation shall live its place of business in the
District of Columbia and shall be considered, for purposes of venue in
civil actions, to be a resident of the District of Columbia.
(6) FUND. -- There is
established in the Treasury a fund that shall be known as the District
of Columbia Scholarship Fund, to be administered by the Secretary of the
Treasury.
(7) DISBURSEMENT. -- The Secretary of the Treasury
shall make available and disburse to the Corporation, before October 15
of each fiscal year or not later than 15 days after the date of
enactment of an Act making appropriations for the District of Columbia
for such year, whichever occurs later, such funds as have been
appropriated to the District of Columbia Scholarship Fund for the fiscal
year in which such disbursement is made.
(8) AVAILABILITY. -- Funds authorized to be a
appropriated under this Act shall remain available until expended.
(9) USES. -- Funds
authorized to be appropriated under this Act shall be used by the
Corporation in a prudent and financially responsible manner, solely for
scholarships, contracts, and administrative costs.
(10) AUTHORIZATION
OF APPROPRIATIONS. --
(A) IN GENERAL.
.-- There are authorized to be appropriated to the District of
Columbia Scholarship Fund --
(i) $7,000,000
for fiscal year 2004;
(ii) $8,000,000
for fiscal year 2005; and
(iii)
$10,000,000 for each of fiscal years 2006 through 2008.
(B) LIMITATION. -- Not more than 7.5 per cent of
the amount appropriated to carry out this Act for any fiscal year may
be used by the Corporation for salaries and administrative costs.
(b) ORGANIZATION AND
MANAGEMENT; BOARD OF DIRECTORS. --
(1) BOARD OF
DIRECTORS; MEMBERSHIP. --
(A) IN GENERAL. -- The Corporation shall
have a Board of Directors (hereinafter in this Act referred to as the
"Board"), comprised of
seven members, with six members of the Board appointed by the President
not later than 30 days after receipt of nominations from the Speaker of
the House of Representatives and the President pro tempore of the Senate.
(B)
HOUSE NOMINATIONS.-The President shall appoint three of the members
from a list of nine individuals nominated by the Speaker of the House
of Representatives in consultation with the minority leader of the
House of Representatives.
(C)
SENATE NOMINATIONS. -- The President shall appoint three members from
a list of nine individuals nominated by the President pro tempore of
the Senate in consultation with the minority leader of the Senate.
(D)
DEADLINE. -- The Speaker of the House of Representatives and Majority
Leader of the Senate shall submit their nominations to the President
not later than 30 days after the date of the enactment of this Act.
(E)
APPOINTEE BY MAYOR.
-- The Mayor of the District of Columbia shall appoint one member of
the Board not later than 60 days after the date of the enactment of
this Act.
(F) POSSIBLE INTERIM MEMBERS. -- If the President
does not appoint the six members of the Board in the 30-day period
described in subparagraph (A), then the Speaker of the House of
Representatives and the President pro tempore of the Senate shall each
appoint two members of the Board, and the minority leader of the House
of Representatives and the minority leader of the Senate shall each
appoint one member of the Board, from among the individuals nominated
under subparagraphs (A) and (B), as the case may be. The appointees
under the preceding sentence together with the appointee of the Mayor
of the District of Columbia, shall serve as an interim Board with all
the powers and other duties of the Board described in this Act, until the
President makes the appointments as described in this subsection.
(2) POWERS. All powers of the Corporation shall
vest in and be exercised under the authority of the Board.
(3) ELECTIONS.-Members of the Board annually shall
elect one of the members of the Board to be the Chairperson of the
Board.
(4) RESIDENCY. All members appointed to the Board
shall be residents of the District of Columbia at the time of
appointment and while serving on the Board.
(5)
NON-EMPLOYEE. -- No member
of the Board may be an employee of the United States Government or the
District of Columbia Government when appointed to or during tenure on
the Board, unless the individual is on a leave of absence from such a
position while serving on the Board.
(6)
INCORPORATION. -- The members of the initial Board shall serve as
incorporators and shall take whatever steps are necessary to establish
the Corporation under the
District of Columbia Nonprofit Corporation Act (sec. 29-301.01 et
seq., D.C. Official Code).
(7)
GENERAL TERM. -- The term of office of each member of the Board shall
be 5 years, except that any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
predecessor was appointed shall be appointed for the remainder of such
term.
(8)
CONSECUTIVE TERM.
-- No member
of the Board shall be eligible to serve in excess of two consecutive
terms of 5 years each. A partial term shall be considered as one full
term. Any vacancy on the Board shall not affect the Board's power, but
shall be filled in a manner consistent with this Act.
(9)
NO BENEFIT. -- No part of the income or assets of the Corporation
shall inure to the benefit of any Director, officer, or employee of
the Corporation, except as salary or reasonable compensation for
services.
(10)
POLITICAL ACTIVITY. -- The Corporation may not contribute to or
otherwise support any political party or candidate for elective public
office.
(11)
NOT OFFICERS OR EMPLOYEES. -- The members of the Board shall not, by
reason of such membership, be considered to be officers or employees
of the United States Government or of the District of Columbia
Government.
(12)
STIPENDS. -- The members of the Board, while attending meetings of the
Board or while engaged in duties related to such meetings or other
activities of the Board pursuant to this Act, shall be provided a
stipend. Such stipend shall be at the rate of $150 per day for which
the member of the Board is officially recorded as having worked,
except that no member may be paid a total stipend amount in any
calendar year in excess of $5,000.
(c) OFFICERS AND
STAFF.
(1) EXECUTIVE
DIRECTOR. -- The Corporation shall have an executive director, and
such other staff, as may be appointed by the Board for terms and at
rates of compensation, not to exceed level EG-16 of the Educational
Service of the District of Columbia, to be fixed by the Board.
(2) STAFF. --
With the approval of the Board, the executive director may appoint and
fix the salary of such additional personnel as the executive director
considers appropriate.
(3) ANNUAL RATE.
-- No staff of the Corporation may be compensated by the Corporation
at au annual rate of pay greater than the annual rate of pay of the
executive director.
(4)
SERVICE. -- All officers and employees of the Corporation shall serve
at the pleasure of the Board.
(5) QUALIFICATION. -- No political test or
qualification may be used in selecting, appointing, promoting, or
taking other personnel actions with respect to officers, agents, or
employees of the Corporation.
(d) POWERS OF THE
CORPORATION. --
(1) GENERALLY. -- The Corporation is authorized to
obtain grants from, and make contracts with, individuals and with
private, State, and Federal agencies, organizations, and institutions.
(2) HIRING
AUTHORITY.-The Corporation may hire, or accept the
voluntary services of, consultants, experts, advisory boards, and panels
to aid the Corporation in carrying out this Act.
(e) FINANCIAL MANAGEMENT AND
RECORDS. --
(1) AUDITS.-The financial statements of the
Corporation shall be --
(A) maintained in
accordance with generally accepted accounting principles for nonprofit
corporations; and
(B) audited
annually by independent certified public accountants.
(2) REPORT. -- The report for each such audit shall
be included in the annual report to Congress required by section 11(e).
(f) ADMINISTRATIVE
RESPONSIBILITIES. --
(1) SCHOLARSHIP
APPLICATION SCHEDULE
AND PROCEDURES.
-- Not later than 30 days after the initial Board is appointed and the
first executive director of the Corporation is hired under this Act,
the Corporation shall implement a schedule and procedures for
processing applications for, and awarding, student scholarships under
this Act. The schedule
and procedures shall include establishing a list of certified eligible
institutions located in the areas specified in section 4(d)(1)),
distributing scholarship information to parents and the general public
(including through a newspaper of general circulation), and
establishing deadlines for steps in the scholarship application and
award process.
(2)
INSTITUTIONAL APPLICATIONS AND ELIGIBILITY.
(A) IN GENERAL. -- An eligible
institution that desires to participate in the scholarship program
under this Act shall file an application with the Corporation for
certification for participation in the scholarship program under
this Act that shall --
(i) demonstrate that the eligible institution
has operated with not fewer than 25 students
during the 3 years preceding the year for which the determination
is made unless the eligible institution is applying for
certification as a new eligible institution under subparagraph
(C);
(ii)
contain an assurance that the eligible institution will comply with
all applicable requirements of this Act;
(iii)
contain all annual statement of the eligible institution's budget;
and
(iv)
describe the eligible institution's proposed program, including
personnel qualifications and fees.
(B)
CERTIFICATION. --
(i)
IN GENERAL. -- Except as provided in subparagraph (C), not later
than 60 days after receipt of an application in accordance with
subparagraph (A), the Corporation shall certify an eligible
institution to participate in the scholarship program under this
Act.
(ii)
CONTINUATION. -- An eligible institution's certification to
participate in the scholarship program shall continue unless such
eligible institution's certification is revoked in accordance with
subparagraph (D).
(C) NEW
ELIGIBLE INSTITUTION. --
(i) IN GENERAL.
-- An eligible institution that did not operate with at least 25 students
in the 3 years preceding the year for which the determination is
made may apply for a 1-year provisional certification to
participate in the scholarship program under this Act for a single
year by providing to the Corporation not later than July 1 of the
year preceding the year for which the determination is made --
(I) a list of
the eligible institution's board of directors;
(II)
letters of support from not less than 10 members of the
community served by such eligible institution;
(III) a
business plan;
(IV) an
intended course of study;
(V)
assurances that the eligible institution will begin operations
with not less than 25 students;
(VI)
assurances that the eligible institution will comply with all
applicable requirements of this Act; and
(VII) a
statement that satisfies the requirements of
clauses (ii) and (iv) of subparagraph (A).
(ii) CERTIFICATION. -- Not later than 60 days
after the date of receipt of an application described in clause
(i), the Corporation shall certify in writing the eligible
institution's provisional certification to participate in the
scholarship program under thus Act unless the Corporation
determines that good cause exists to deny certification.
(iii)
RENEWAL OF PROVISIONAL CERTIFICATION .
-- After receipt of an application under clause (i) from an
eligible institution that includes a statement of the eligible
institution's budget completed not earlier than 12 months before
the date such application is filed, the Corporation shall renew an
eligible institution's provisional certification for the second
and third pears of the school's participation in the scholarship
program under thus Act unless the Corporation finds --
(I) good
cause to deny the renewal, including a finding of a pattern of
violation of requirements described in paragraph (3)(A); or
(II)
consistent failure of 25 percent or more of the students
receiving scholarships under this Act and attending such school
to make appropriate progress (as determined by the Corporation)
in academic achievement.
(iv) DENIAL OF CERTIFICATION.
-- If provisional certification or renewal of provisional
certification under thus subsection is denied, then the
Corporation shall provide a written explanation to the eligible
institution of the reasons for such denial.
(D)
REVOCATION OF ELIGIBILITY. --
(i)
IN GENERAL. -- The Corporation, after notice and opportunity for a
hearing, may revoke an eligible institution's certification to
participate in the scholarship program under this Act for a year
succeeding the year for which the determination is made for --
(I) good cause, including a finding of a
pattern of violation of program requirements described in
paragraph (3)(A); or
(II) consistent failure of 25 per cent or more
of the students receiving scholarships under this Act and
attending such school to make appropriate progress (as determined
by the Corporation) in academic
achievement.
(ii)
EXPLANATION. -- If the certification of an eligible institution is
revoked, the Corporation shall provide a written explanation of
the Corporation's decision to such eligible institution and
require a pro rata refund of the proceeds of the scholarship funds
received under this Act.
(iii) STUDENT
ELIGIBILITY NOT AF FECTED.-A
student receiving a scholarship under this Act who attends an
institution that has had its eligibility revoked under this
subparagraph may utilize such scholarship at another eligible
institution.
(3)
PARTICIPATION REQUIREMENTS FOR
ELIGIBLE INSTITUTIONS. --
(A) REQUIREMENTS.
-- Each eligible institution participating in the scholarship program
under this Act shall --
(i) provide to
the Corporation not
later than June 30 of each year the most recent
annual statement of the eligible institution's budget; and
(ii) charge a
student that receives a scholarship under this Act not more than the
cost of tuition and mandatory fees for, and (as appropriate)
transportation to attend, such eligible institution as other students
who are residents of the District of Columbia and enrolled in such
eligible institution. (B) COMPLIANCE.
-- The Corporation may require documentation of compliance with the
requirements of subparagraph (A), but neither the Corporation nor any
governmental entity may impose requirements upon an eligible institution
as a condition for participation in the scholarship program under this
Act, other than requirements established under this Act.
SEC. 4.
SCHOLARSHIPS AUTHORIZED.
(a)
ELIGIBLE STUDENTS. -- The Corporation may award tuition scholarships
under subsection (d)(1) and enhanced achievement scholarships under
subsection (d)(2) to students preparing to enter kindergarten through
grade 12 --
(1) who are
residents of the District of Columbia; and
(2) whose family
income does not exceed 185 percent of the poverty line.
(b) SCHOLARSHIP PRIORITY.-Subject to subsection
(c), the Corporation shall award scholarships based on the 5 following
priorities:
(1) PREVIOUS
SCHOLARSHIP RECIPIENT. -- For the second and subsequent academic years
for which scholarships are awarded, the Corporation first shall award
scholarships to students eligible under subsection (a) who received a
scholarship from the Corporation in the preceding academic year.
(2) VICTIMS OF
SCHOOL VIOLENCE. -- For any academic year, if funds remain available
after the application of paragraph (1), the Corporation shall award
scholarships to eligible students who do not receive an award under
such paragraph and who have been victims of a documented violent act
on school grounds.
(3) DISTRICT OF
COLUMBIA SCHOOL AGE CHILDREN. -- For any academic year, if funds
remain after the application of paragraphs (1) and (2), the
Corporation shall award scholarships to eligible students who do not
receive an award under such paragraphs and who are
(A) enrolled in a public, private, or independent elementary or
secondary school; or
(B) preparing to enter kindergarten through grade 12 at such a
school.
(c) LOTTERY SELECTION. -- If, in applying subsection (b), the
number of students described in a paragraph of such subsection is such
that the amount available is insufficient to award the appropriate
scholarship amount to each such student, the Corporation shall select
by lottery the students who will receive an award.
(d) USE OF
SCHOLARSHIP. --
(1) TUITION
SCHOLARSHIPS. -A tuition scholarship may be used for the payment of
the cost of the tuition and mandatory fees for, and (as appropriate)
transportation to attend, an eligible institution located within the
geographic boundaries of
(A) the District
of Columbia;
(B) Montgomery County, Maryland;
(C) Prince
George's County, Maryland;
(D) Arlington
County, Virginia;
(E)
Alexandria City, Virginia;
(F) Falls Church City, Virginia;
(G) Fairfax City, Virginia; or
(H) Fairfax County, Virginia.
(2) ENHANCED
ACHIEVEMENT SCHOLARSHIP.
-- An
enhanced achievement scholarship may be used only for the payment of
the costs of tuition and mandatory fees for, and (as appropriate)
transportation to attend, a program of instruction provided by an
eligible institution which enhances student achievement of the core
curriculum and is operated outside of regular school hours to
supplement the regular school program.
(e) NOT
SCHOOL AID. A
scholarship under this Act shall be considered assistance to the student
and shall not be considered assistance to an eligible institution.
SEC. 5. SCHOLARSHIP
AWARDS.
(a)
AWARDS. -- From the funds made available under this Act, the Corporation
shall award a scholarship to a student and make scholarship payments in
accordance with section 6.
(b)
NOTIFICATION.-Each eligible institution that receives the proceeds of a
scholarship payment under subsection (a) shall provide the following
notifications:
(1) ENROLLMENT. -
Not later than 10 days after the date that a student receiving a
scholarship under this Act is enrolled, the institution shall notify
the Corporation of the name, address, and grade level of such student.
(2) WITHDRAWAL OR
EXPULSION. -- Not later than 10 days after the date of the withdrawal
or expulsion of any student receiving a scholarship under this Act,
the institution shall notify the Corporation of the withdrawal or
expulsion.
(3)
REFUSAL OF ADMISSION. -- Not later than 10
days after the date that a student receiving a scholarship under this
Act is refused admission, the institution shall notify the Corporation
of the reasons for such a refusal.
(c) TUITION
SCHOLARSHIP. --
(1) EQUAL TO OR
BELOW POVERTY LINE. -- For a student whose family income is equal to
or below the poverty line, a tuition scholarship may not exceed the
lesser of
(A) the cost of
tuition and mandatory fees for, and (as
appropriate) transportation to attend, an eligible institution; or
(B) $5,000 for fiscal
year 2004, with such amount adjusted in
proportion to changes iii the Consumer Price Index for All Urban Consumers
published by the Department of Labor for each of fiscal years 2005 through
2008.
(2)
ABOVE POVERTY LINE.-For a student whose family income is greater than
the poverty line,
but not more than 185 percent of the poverty line, a tuition
scholarship may not exceed the lesser of
(A) 75 percent
of the cost of tuition and mandatory fees for, and
(as appropriate) transportation to attend, ail eligible institution; or
(B) $3,750 for fiscal
year 2004, with such amount adjusted in
proportion to changes iii the Consumer Price Index for All Urban Consumers
published by the Department of Labor for each of fiscal years 2005 through
2008.
(d) ENHANCED
ACHIEVEMENT SCHOLARSHIP. -- An enhanced achievement scholarship may not
exceed the lesser of
(1) the costs of tuition and mandatory fees for,
and (as appropriate) transportation to attend, a program of
instruction at an eligible institution; or
(2)
$800 for fiscal year 2004, with such amount adjusted in proportion to
changes in the Consumer Price Index for All Urban Consumers published by
the Department of Labor for each of fiscal years 2005 through 2008.
SEC. 6.
SCHOLARSHIP PAYMENTS.
(a) PAYMENTS. --
The Corporation shall make scholarship payments to the parent of a
student awarded a scholarship under this Act.
(b) DISTRIBUTION OF
SCHOLARSHIP FUNDS. -- Scholarship funds may be distributed by check, or
another form of disbursement, issued by the Corporation and made payable
directly to a parent of a student awarded a scholarship under this Act.
The parent may use the scholarship funds only for payment of tuition,
mandatory fees, and transportation costs as
described in this Act.
(c) PRO RATA ACCOUNTS FOR STUDENT WITHDRAWAL. -- If a student receiving a
scholarship under this Act withdraws or is expelled from an eligible
institution after the proceeds of a scholarship is paid to the eligible
institution, then the eligible institution shall refund to the Corporation
on a pro rata basis the proportion of any such proceeds received for the
remaining days of the school year. Such refund shall occur not later than
30 days after the date of the withdrawal or expulsion of the student.
SEC.
7. CIVIL RIGHTS.
(a)
IN GENERAL. -- An eligible institution participating in the scholarship
program under this Act shall not discriminate on the basis of race,
color, national origin, or sex in carrying out the provisions of this
Act.
(b)
APPLICABILITY AND CONSTRUCTION WITH RESPECT TO DISCRIMINATION ON THE
BASIS of SEX. --
(1) APPLICABILITY.
-- With respect to discrimination on the basis of sex, subsection (a)
shall not apply to an eligible institution that is controlled by a
religious organization if the application of subsection (a) is
inconsistent with the religious tenets of the eligible institution.
(2) CONSTRUCTION.
-- With respect to discrimination on the basis of sex, nothing in
subsection (a)
shall be construed to require any person, or public or private entity to
provide or pay, or to prohibit any
such person or entity from providing or paying, for
any benefit or service, including the use of facilities,
related to an abortion. Nothing in the preceding sentence shall be
construed to permit a penalty to be
imposed on any person or individual because such
person or individual is seeking or has received any benefit or service
related to a legal abortion.
(3) SINGLE-SEX
SCHOOLS, CLASSES, OR ACTIVITIES.
-- With
respect to discrimination on the basis
of sex, nothing in subsection (a) shall be construed
to prevent a parent from choosing, or an eligible institution from
offering, a single-sex school, class, or activity.
(c) REVOCATION. -- Notwithstanding section 3(f)(2)(D), if the
Corporation determines that an eligible institution participating in
the scholarship program under this Act is in violation of subsection
(a), then the Corporation shall revoke such eligible institution's
certification to participate in the program.
SEC.
8. CHILDREN WITH DISABILITIES.
Nothing
in this Act shall affect the rights of students, or the obligations of
the District of Columbia public schools, under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
SEC.
9. RULE OF CONSTRUCTION.
(a)
IN GENERAL.-Nothing in this Act shall be construed to prevent any
eligible institution which is operated by, supervised by, controlled by,
or connected to, a religious organization from employing, admitting, or
giving preference to, persons of the same religion to the extent
determined by such institution to promote the religious purpose for
which the eligible institution is established or maintained.
(b)
SECTARIAN PURPOSES. -- Nothing in this Act shall be construed to
prohibit the use of funds made available under this Act for sectarian
educational purposes, or to require an eligible institution to remove
religious art, icons, scripture, or other symbols.
SEC. 10. REPORTING REQUIREMENTS.
(a) IN GENERAL -- An
eligible institution participating in the scholarship program under this
Act shall report to the Corporation not later than July 30 of each year
in a manner prescribed by the Corporation, the following lowing data:
(1) Student
achievement in the eligible institution's programs.
(2) Grade advancement for scholarship students
(3) Disciplinary actions taken with respect to scholarship students.
(4) Graduation, college admission test scores, and
college admission rates, if applicable for scholarship students.
(5) Types
and amounts of parental involvement required for all families of
scholarship students.
(6) Student
attendance for scholarship and nonscholarship students.
(7) General
information on curriculum, programs, facilities, credentials of
personnel, and disciplinary rules at the eligible institution.
(8) Number of
scholarship students enrolled.
(9) Such other
information as may be required by the Corporation for program
appraisal.
(b) CONFIDENTIALITY.
-- No personal
identifiers may be used in such report, except that the Corporation may request such
personal identifiers solely for the purpose of verification.
SEC. 11. PROGRAM
APPRAISAL.
(a) STUDY.
-- Not later
than 3 years after the date
of enactment of this Act, the Comptroller General shall enter into a contract,
with an evaluating agency that has demonstrated experience in conducting
evaluations, for an independent evaluation of the scholarship program
under this Act, including --
(1) a comparison
of test scores between scholarship students and District of Columbia
public school students of similar backgrounds, taking into account the
students' academic achievement at the time of the award of their
scholarships and the students' family income level;
(2) a comparison of graduation rates between
scholarship students and District of Columbia public school students of
similar backgrounds, taking into account the students' academic
achievement at the time of the award of their scholarships and the
students' family income level;
(3) the
satisfaction of parents of scholarship students with
the scholarship program; and
(4) the impact of
the scholarship program oil the District of Columbia public schools,
including changes in the public school enrollment, and any-
improvement in the academic performance of the public schools.
(b) PUBLIC REVIEW
OF DATA.-All data gathered in the course of the study described in
subsection (a) shall be made available to the public upon request except
that no personal identifiers shall be made public.
(c)
REPORT TO CONGRESS.-Not later than September 1 of each year, the
Corporation shall submit a progress report on the scholarship program to
the appropriate committees of Congress. Such report shall include a
review of how scholarship funds were expended, including the initial
academic achievement levels of students who leave participated in the
scholarship program.
(d)
AUTHORIZATION. -- There are authorized to be appropriated for the study
described in subsection (a), $250,000, which shall remain available
until expended.
SEC. 12. JUDICIAL
REVIEW.
(a) JURISDICTION.
(1) IN GENERAL.
-- The United States District Court for the District of Columbia shall
have ,jurisdiction in any action challenging the constitutionality of
the scholarship program under this Act and shall provide expedited
review.
(2) STANDING.-The parent of any student eligible to
receive a scholarship under this Act shall have standing in an action
challenging the constitutionality of the scholarship program under
this Act.
(b) APPEAL
TO SUPREME COURT.
-- Notwithstanding any other provision of law, any order of the
United States District Court for the District of Columbia which is
issued pursuant to an action brought under subsection (a) shall be
reviewable by appeal directly to the Supreme Court of the United
States.
SEC.
13. EFFECTIVE DATE.
This
Act shall be effective for each of fiscal years 2004 through 2008.
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FOR IMMEDIATE RELEASE:
Monday, February 3, 2003 |
CONTACT: Matthew Specht
(202) 225-2635 |
Congressman Flake to Introduce D.C. School Choice Bill
Bush Budget Includes Funding for D.C. School Choice
Mesa, Arizona – Congressman Jeff Flake, who represents the state’s
Sixth District, today announced that he will introduce legislation to
create opportunity scholarships for low-income children in Washington,
D.C. to attend a public or private school of their choice.
"I firmly believe that education is an issue for state and local
government, but Washington, D.C. is a special circumstance where the
federal government does have jurisdiction over local education
issues. The federal government has a responsibility to see to it
that the children of D.C. have access to a good education, and for too
many that’s not the case right now," said Flake.
"There will inevitably be political leaders in Washington, D.C.
who say that parents, not members of Congress, should decide where to send
their children to school. They are absolutely right. Congress
is simply giving parents in the District of Columbia more options."
"Parents of children enrolled in the D.C. public school system
ought to have the right and the means to send their kids where they have
an opportunity to succeed, and this legislation will give that to
them."
"The teacher’s unions’ argument against these opportunity
scholarships in the past has been that it will drain money from the public
school system. However, this legislation authorizes new money and doesn’t
touch existing funds from the D.C. public school system."
The budget that President Bush has submitted to Congress includes
funding for a school choice program in Washington, D.C.
"Clearly, President Bush feels strongly about this issue, and I’m
quite confident that we can make D.C. school choice a reality."
Congress passed nearly identical legislation in 1997, but it was vetoed
by then-President Clinton. Former House Majority Leader Dick Armey of
Texas introduced the bill and has been its principal champion. Mr. Armey
retired at the end of the 107th Congress and has passed the
baton to Congressman Flake on this issue. "There can be no more
heartwarming venture than obtaining a better education for a child and
Congressman Flake is just the man for the job," said Armey.
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Bill Summary
H.R. 684
D.C. Opportunity Scholarships
Opportunity Scholarships
The bill provides opportunity scholarships for grades K - 12 District
of Columbia residents whose family incomes are below 185 percent of the
poverty level. The scholarships may be used for tuition costs at a public
or private school in D.C. and adjacent counties in Maryland and Virginia.
Special enhanced Achievement Scholarships are also available for tutoring
assistance.
District of Columbia Scholarship Corporation
The legislation creates a seven-member private, independent non-profit
corporation to administer the scholarship program. The D.C. mayor will
appoint one board member while the remaining six will be appointed by the
President from nominees submitted by the speaker of the House and the
president pro-tempore of the Senate (in consultation with the minority).
Board members must be D.C. residents and may not work for either the
federal or D.C. governments.
Eligibility
District students whose family incomes are below the poverty line may
receive a scholarship of up to $5,000 or the cost of tuition, whichever is
less. Students whose family incomes are above the poverty line but below
185 percent of the poverty level may receive assistance up to $3,750.
Students receiving Enhanced Achievement Scholarships are eligible for
tuition assistance awards up to $800.
Scholarships will be awarded on a priority basis to ensure that
students with the greatest need have the best chance to receive a
scholarship. Scholarships will first be awarded to those who received them
in the previous year, then to applicants who are victims of documented
acts of school violence, and finally to all other D.C. students in grades
K – 12. If there are not sufficient funds available for all the eligible
applicants on any of the priority tiers, scholarships are to be awarded
randomly to those applicants.
Private schools accepting tuition scholarship students are required to
abide by anti-discrimination and other civil rights laws, including the
Individuals with Disabilities Education Act (IDEA) where applicable.
Religious schools, however, will be allowed to continue offering
single-sex education programs as consistent with the religious tenets upon
which the school was founded.
Funding
The bill authorizes $7 million for fiscal year 2004, $8 million for
FY05, and $10 million each year for FY06 through FY08. At these funding
levels, over the first five years, the Corporation will be able to award
at least 8,300 tuition scholarships to needy children. Once the program is
in effect, the Corporation can award 1,600 with full tuition scholarships
or 10,000 Enhanced Achievement Scholarships each year, depending on how
families apply. |
