Establishes a District of Columbia Scholarship Fund, to be administered by the Secretary of the Treasury. Provides for a seven-member Corporation Board of Directors, with six members appointed by the President from House and Senate nominees, and one member appointed by the District Mayor.
Authorizes the Corporation to award tuition scholarships and enhanced achievement scholarships to District students in kindergarten through grade 12 with family incomes not exceeding 185 percent of the national poverty line. Allows scholarships to be used for tuition, fees, and appropriate transportation to public, private, or independent schools (or beyond-school-hours enhancement programs) in the District and specified neighboring counties and cities in Maryland and Virginia. Requires the following order of scholarship award priorities to students who: (1) have received such a scholarship in a previous year (in the program's second and subsequent years); (2) District school or kindergarten enrollees; (3) victims of school violence; and (4) other eligible students. Requires use of a lottery whenever amounts are insufficient to provide a scholarship for each student in one of these categories.
Directs the Comptroller General to study and report on the District scholarship program. Provides for expedited judicial review of challenges to such program.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5033 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5033
To provide scholarships for District of Columbia elementary and
secondary students, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2002
Mr. Armey (for himself, Mr. Lipinski, Mr. Boehner, Mr. Watts of
Oklahoma, Mr. Hoekstra, Mr. Sam Johnson of Texas, Mr. Schaffer, Mr.
Cox, Mr. Burton of Indiana, Mr. Crane, Mr. Flake, Mr. Manzullo, Mr. Dan
Miller of Florida, Mr. Pitts, Mr. Shadegg, Mr. Shays, Mr. Tiberi, Mr.
Walsh, Mr. Weller, and Mr. Wicker) introduced the following bill; which
was referred to the Committee on Government Reform
_______________________________________________________________________
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 2002''.
(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 education 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 the 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 (1925), 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 a 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.
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 that 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 be 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, and 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 have 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 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 2003;
(ii) $8,000,000 for fiscal year 2004; and
(iii) $10,000,000 for each of fiscal years
2005 through 2007.
(B) Limitation.--Not more than 7.5 percent 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) Nonemployee.--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 an 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(c).
(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 an 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 this 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 years of the school's
participation in the scholarship program under
this 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 this 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
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.
(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 affected.--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 in 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 following priorities:
(1) Previous scholarship recipients.--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) District of columbia public school enrollees.--For the
first three academic years for which scholarships are awarded,
if funds remain 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 are--
(A) enrolled in a District of Columbia public
school; or
(B) preparing to enter a District of Columbia
public kindergarten.
(3) Victims of school violence.--For any academic year, if
funds remain available 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 have been victims of a documented violent act on school
grounds.
(4) Other eligible students.--For any academic year, if
funds remain available after the application of paragraphs (1)
through (3), the Corporation shall award scholarships to
eligible students who do not receive an award under such
paragraphs.
(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 2003, 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 2004
through 2007.
(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, an eligible institution; or
(B) $3,750 for fiscal year 2003, 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 2004
through 2007.
(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 2003, 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
2004 through 2007.
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 Amounts 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 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 on 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 have 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 2003 through
2007.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Government Reform.
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