America's Opportunity Scholarships for Kids Act - Directs the Secretary of Education to award competitive grants to local educational agencies, state educational agencies, or nonprofit organizations to provide scholarships or sustained supplemental educational services to low-income students who attend, or their siblings who would attend, a public elementary or secondary school due for restructuring for failing to meet state academic performance standards.
Requires such scholarships to enable students to attend: (1) the private elementary or secondary school of their parent's choice; or (2) a public elementary or secondary school of their parent's choice outside the student's home school district, consistent with state law.
Requires the Secretary to conduct an independent evaluation of this program, including an assessment of its impact on student achievement.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3682 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3682
To establish the America's Opportunity Scholarships for Kids Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2006
Mr. Alexander (for himself, Mr. Ensign, Mr. Gregg, and Mr. Santorum)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish the America's Opportunity Scholarships for Kids Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Opportunity Scholarships
for Kids Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to support local efforts to enable
students from low-income families who attend a school identified for
restructuring under section 1116(b)(8) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(b)(8))--
(1) to attend a private elementary school or secondary
school, or a public elementary school or secondary school
outside the student's home school district, including a public
charter school; or
(2) to receive intensive, sustained supplemental
educational services.
SEC. 3. DEFINITIONS.
In this Act:
(1) Elementary school; local educational agency; secondary
school; secretary; state educational agency.--The terms
``elementary school'', ``local educational agency'',
``secondary school'', ``Secretary'', and ``State educational
agency'' have the meanings given the terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency;
(B) a State educational agency; or
(C) a nonprofit organization or a consortium of
nonprofit organizations.
(3) Eligible student.--The term ``eligible student'' means
a student from a low-income family who--
(A) with respect to a school identified for
restructuring under section 1116(b)(8) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6316(b)(8))--
(i) is eligible to enroll in the beginning
grade of the school;
(ii) except as provided in subparagraph
(C), attended the school for the entire school
year preceding the identification;
(iii) in the case of a student who
transfers to the school to attend any grade
beyond the beginning grade of the school,
attends the school for the remainder of the
school year in which the transfer occurs; or
(iv) received a scholarship under this Act
in a preceding school year due to such
identification; or
(B) is a sibling of a student described in any 1 of
clauses (i) through (iv) of subparagraph (A).
(4) Low-income family.--The term ``low-income family''
means a family whose income does not exceed 185 percent of the
poverty line, except that in the case of a student
participating in a project under this Act for a second or any
succeeding school year the term includes a family whose income
does not exceed 220 percent of the poverty line.
(5) Poverty line.--The term ``poverty line'' means the
income official poverty line (as defined by the Office of
Management and Budget, and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)) applicable to a family of the size involved.
(6) Private provider.--The term ``private provider'' means
a nonprofit or for-profit private provider of supplemental
educational services described in section 1116(e)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(e)(1)) that is on the updated list of approved providers
maintained by the State educational agency under section
1116(e)(4)(C) of such Act (20 U.S.C. 6316(e)(4)(C)).
(7) Supplemental educational services.--The term
``supplemental educational services'' has the meaning given the
term in section 1116(e)(12)(C) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(e)(12)(C)).
SEC. 4. PROGRAM AUTHORIZED.
(a) Authority.--
(1) In general.--Subject to paragraph (2) and from amounts
appropriated under section 6 for a fiscal year, the Secretary
shall award grants, on a competitive basis, to eligible
entities to support projects that provide--
(A) scholarships to enable eligible students to
attend--
(i) the private elementary school or
secondary school of their parent's choice; or
(ii) a public elementary school or
secondary school of their parents' choice
outside of the eligible student's home school
district, consistent with State law; or
(B) eligible students with intensive, sustained
supplemental educational services on an annual basis.
(2) Scholarship duration rule.--Each eligible entity that
receives a grant under this Act shall only award a scholarship
under this Act to an eligible student for--
(A)(i) in the case of an eligible student described
in section 3(3)(A), the first school year for which the
eligible student is eligible to receive the scholarship
with respect to a school identified for restructuring
under section 1116(b)(8) of the Elementary and
Secondary Education Act of 1965; and
(ii) in the case of an eligible student described
in section 3(3)(B), the first school year taught at the
school so identified; and
(B) each subsequent school year through the school
year applicable to the final grade taught at the school
so identified.
(b) Duration of Grants.--The Secretary may award grants under this
Act for a period of not more than 5 years.
(c) Priorities.--In awarding grants under this Act, the Secretary
shall give priority to eligible entities that--
(1) propose to serve eligible students in a local
educational agency with a large number or percentage of schools
identified for restructuring under section 1116(b)(8) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)(8));
(2) possess the knowledge and capacity to inform parents of
eligible students, in urban, suburban, and rural areas, about
public and private elementary school and secondary school
options; and
(3) will augment the scholarships provided to eligible
students under this Act in order to help ensure that parents
can afford the cost (including tuition, fees, and necessary
transportation expenses) of the schools the parents choose to
have their children attend under this Act.
(d) Application Requirements.--
(1) In general.--To be considered for a grant under this
Act, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
(2) Contents.--The application shall, at a minimum, include
a description of--
(A) the eligible entity's plan for--
(i) recruiting private schools, local
educational agencies, charter schools, and
private providers, to participate in the
project in order to meet eligible student
demand for private and public school admission
and supplemental educational services; and
(ii) ensuring that participating schools
that enroll eligible students receiving
scholarships under this Act, and private
providers participating in the project, will
meet the applicable requirements of the
project;
(B) each school identified for restructuring that
will be served under the project, including--
(i) the name of each such school; and
(ii) such demographic and socioeconomic
information as the Secretary may require;
(C) how the eligible entity will work with the
identified schools and the local educational agency to
identify the parents of eligible students (including
through contracts or cooperative agreements with the
public school or local educational agency) consistent
with the requirements of the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. 1232g);
(D) how the eligible entity will structure the
project in a manner that permits eligible students to
participate in the second and succeeding school years
of the project if the schools the eligible students
attend with scholarship assistance under this Act are
subsequently identified for restructuring under section
1116(b)(8) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6316(b)(8));
(E) how the eligible entity will use funds received
under this Act;
(F) how the eligible entity will ensure that if
more eligible students seek admission to the project
than the project can accommodate, the eligible students
will be selected through a random selection process;
(G) how the eligible entity will notify parents of
eligible students of the expanded choice opportunities
provided under the project and how the eligible entity
will provide parents with sufficient information to
enable the parents to make an informed decision;
(H) how the eligible entity will ensure that the
schools receiving eligible students under the grant are
financially responsible and will use the grant funds
received under this Act effectively;
(I) how the eligible entity will prioritize between
providing scholarships and providing sustained,
intensive supplemental educational services, including
the timing and duration of offering the opportunity for
parents to determine which provision the parents
prefer; and
(J) how the eligible entity will address the
renewal of support for participating eligible students,
including continued eligibility.
(e) Uses of Funds.--
(1) In general.--Each eligible entity that receives a grant
under this Act may--
(A) reserve not more than 5 percent of the grant
funds for administrative expenses, including costs
associated with recruiting and selecting eligible
students, private schools, and private providers, to
participate in the project;
(B) only for the first year for which grant funds
are received under this Act, reserve not more than 5
percent of the grant funds (in addition to the funds
reserved under subparagraph (A)), for initial
implementation expenses, including costs associated
with outreach, providing information to parents and
school officials, and other administrative expenses;
(C) use the grant funds to provide scholarships to
eligible students to pay for the cost, including
tuition, fees, and necessary transportation expenses,
to attend the private school of their parents' choice
or a public elementary school or secondary school of
their parents' choice outside of the eligible students'
home school district (consistent with State law),
except that the scholarship shall not exceed $4,000 per
student per school year; and
(D) use the grant funds to pay the costs, including
reasonable transportation costs, of supplemental
educational services (including summer school or after-
school programs) provided by a private provider to
eligible students, except that the costs shall not
exceed $3,000 per student, per school year.
(2) Funding order.--Each eligible entity that receives a
grant under this Act shall--
(A) first fund scholarships for eligible students
to attend the private school of their parents' choice
or a public elementary school or secondary school of
their parents' choice outside of the eligible students'
home school district (consistent with State law); and
(B) use any remaining grant funds to provide
eligible students with access to supplemental
educational services.
(3) Payment.--Each eligible entity that receives a grant
under this Act shall make scholarship payments under this Act
to the parent of the eligible student participating in the
project, in a manner that ensures that the payments will be
used only for the payment of tuition, fees, and necessary
transportation expenses, in accordance with this Act.
(f) Prohibition.--A student who receives supplemental educational
services under this Act shall not be eligible to receive other such
services under section 1116(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(e)).
(g) Project Performance.--Each eligible entity receiving a grant
under this Act shall prepare and submit to the Secretary a final report
on the results of the project assisted under this Act that contains
such information as the Secretary may require. At a minimum, the report
shall include information on the academic achievement of students
receiving scholarships and supplemental educational services under the
project.
(h) Performance Information.--Each eligible entity that receives a
grant under this Act shall collect and report such performance
information as the Secretary may require for the national evaluation
conducted under subsection (i).
(i) National Evaluation.--From the amount made available for any
fiscal year under section 6, the Secretary shall reserve such sums as
may be necessary to conduct an independent evaluation, by grant or by
contract, of the program carried out under this Act, which shall
include an assessment of the impact of the program on student
achievement. The Secretary shall report the results of the evaluation
to the appropriate committees of Congress.
SEC. 5. NONDISCRIMINATION.
(a) In General.--An eligible entity or a school participating in a
project under this Act shall not discriminate against an individual
participant in, or an individual applicant to participate in, the
project on the basis of race, color, religion, sex, or national origin.
(b) Applicability and Single-Sex Schools, Classes, or Activities.--
(1) In general.--Notwithstanding any other provision of
law, the prohibition of sex discrimination described in
subsection (a) shall not apply to a school described in
subsection (a) that is operated by, supervised by, controlled
by, or connected to, a religious organization, to the extent
that the application of subsection (a) is inconsistent with the
religious tenets or beliefs of the organization.
(2) Parental choice.--Notwithstanding subsection (a) or any
other provision of law, a parent may choose to enroll a child
in, and a school may offer, a single-sex school, class, or
activity under a project funded under this Act.
(3) Neutrality.--Section 909 of the Education Amendments of
1972 (20 U.S.C. 1688) shall apply to this Act.
(c) Children With Disabilities.--Nothing in this Act may be
construed to alter or modify the requirements of the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(d) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other provision of
law, a school described in subsection (a) that is operated by,
supervised by, controlled by, or connected to, a religious
organization may exercise, in matters of employment, the
school's rights consistent with title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e et seq.), including the exemptions
in that title.
(2) Special rule.--Notwithstanding any other provision of
law, if a school described in subsection (a) receives funds
made available under this Act for an eligible student as a
result of a choice made by the student's parent, the receipt of
the funds shall not, consistent with the first amendment of the
Constitution--
(A) necessitate any change in the school's teaching
mission;
(B) require the school to remove any religious art,
icon, scripture, or other symbol; or
(C) preclude the school from retaining a religious
term in its name, selecting its board members on a
religious basis, or including a religious reference in
its mission statement or another chartering or
governing document.
(e) Rules of Construction.--For purposes of Federal law, a
scholarship provided under this Act to a student shall be considered to
be assistance to the parent of the student and shall not be considered
to be assistance to the school that enrolls the student. The amount of
any scholarship (or other form of support for the provision of
supplemental educational services) provided to a parent of an eligible
student under this Act shall not be treated as income of a parent of
the eligible student for purposes of Federal tax laws or for purposes
of determining eligibility for any other Federal program, other than
the program carried out under this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$100,000,000 for fiscal year 2007 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S7764-7765)
Sponsor introductory remarks on measure. (CR S8101)
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