Creating Hope and Opportunity for Individuals and Communities through Education Act or the CHOICE Act - Amends the Scholarships for Opportunity and Results Act to: (1) require the Secretary of Education (Secretary) to use funds appropriated under the Act that are carried over from one fiscal year to the next to provide opportunity scholarships to eligible students who have not yet received them; and (2) include among the eligibility criteria for such a scholarship a requirement that a student in the District of Columbia is enrolled, or will be enrolled for the next school year, in a public or private elementary or secondary school. (Opportunity scholarships are provided to low-income students in the District of Columbia to enable them to attend the District of Columbia private elementary or secondary school of their choice.)
Amends the Individuals with Disabilities Education Act to allow states that have established a program allowing the parents of disabled children to use public or private funds to send their children to a private school to use their allocation of special education funds to supplement those funds.
Authorizes grants for the improvement of special education services to be used for the planning, design, and initial implementation, during a period of up to three years, of state programs that allow the parents of a disabled child to make a genuine independent choice of the appropriate public or private school for their child.
Sets forth requirements for those programs, including that they: (1) permit parents to receive state funds to pay some or all of the costs of their disabled child's attendance at the selected school, or (2) permit persons to receive a state tax credit for donations to an entity that provides funds to enable parents to pay some or all of the costs of their disabled child's attendance at that school.
Directs the Secretary of Defense (DOD) to carry out a five-year pilot program to award scholarships to enable military dependent students who live on military installations to attend the public or private elementary or secondary schools their parents choose rather than those assigned to them.
Requires the Secretary of Defense to select at least five military installations to participate in the program and choose those where military students would most benefit from expanded education options.
Directs the Secretary of Defense to use a random process to select scholarship recipients if more students apply for the scholarships than can be accommodated.
Requires the Secretary to return to the Treasury specified amounts made available for Department of Education salaries and expenses.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1909 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 1909
To expand opportunity through greater choice in education, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 9, 2014
Mr. Scott (for himself and Mr. Alexander) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To expand opportunity through greater choice in education, 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.
This Act may be cited as the ``Creating Hope and Opportunity for
Individuals and Communities through Education Act'' or the ``CHOICE
Act''.
TITLE I--IMPROVING THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT
SEC. 101. PURPOSE.
The purpose of this title is to amend the Scholarships for
Opportunity and Results Act (Public Law 112-10, 125 Stat. 199) in order
to improve provisions concerning opportunity scholarships available for
low-income students in the District of Columbia.
SEC. 102. IMPROVEMENTS TO THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS
ACT.
(a) Carryover Amounts.--Section 3014 of division C of the
Department of Defense and Full-Year Continuing Appropriations Act, 2011
(Public Law 112-10, 125 Stat. 211) is amended by adding at the end the
following:
``(c) Carryover Amounts.--
``(1) In general.--Amounts appropriated under this section
shall remain available until expended.
``(2) Use of carryover amounts.--Of the funds appropriated
under this section that are unobligated, are not expended in
the fiscal year for which such funds are appropriated, and are
not necessary for the continuation of the scholarships already
awarded, the Secretary shall, for the subsequent fiscal year--
``(A) use 2 percent of such funds to carry out
outreach and parental education and assistance
activities described in section 3007(c) that are in
addition to any such activities carried out by an
eligible entity under such section; and
``(B) use the remaining amount of such funds to
provide opportunity scholarships to eligible students
who have not previously received such a scholarship.''.
(b) Clarification in Student Eligibility.--Section 3013(3) of
division C of the Department of Defense and Full-Year Continuing
Appropriations Act, 2011 (Public Law 112-10, 125 Stat. 211) is amended,
in the matter preceding subparagraph (A), by inserting ``, is enrolled,
or will be enrolled for the next school year, in a public or private
elementary school or secondary school,'' after ``District of
Columbia''.
TITLE II--EDUCATION PORTABILITY FOR INDIVIDUALS WITH DISABILITIES
SEC. 201. PURPOSE.
The purpose of this title is to provide options to States to
innovate and improve the education of children with disabilities by
expanding the choices for students and parents under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.).
SEC. 202. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION
ACT.
(a) Children Enrolled in Private Schools by Their Parents.--Section
612(a)(10)(A) of the Individuals with Disabilities Education Act (20
U.S.C. 1412(a)(10)(A)) is amended by adding at the end the following:
``(viii) Parent option program.--If a State
has established a program that meets the
requirements of section 663(c)(11) (whether
statewide or in limited areas of the State) and
that allows a parent of a child described in
section 663(c)(11)(A) to use public funds, or
private funds in accordance with
633(c)(11)(B)(ii), to pay some or all of the
costs of attendance at a private school--
``(I) funds allocated to the State
under section 611 may be used by the
State to supplement such public or
private funds, if the Federal funds are
distributed to parents who make a
genuine independent choice as to the
appropriate school for their child,
except that in no case shall the amount
of Federal funds provided under this
subclause to a parent of a child with a
disability for a year exceed the total
amount of tuition, fees, and
transportation costs for the child for
the year;
``(II) the authorization of a
parent to exercise this option fulfills
the State's obligation under paragraph
(1) with respect to the child during
the period in which the child is
enrolled in the selected school; and
``(III) a selected school accepting
such funds shall not be required to
carry out any of the requirements of
this title with respect to such
child.''.
(b) Research and Innovation To Improve Services and Results for
Children With Disabilities.--Section 663(c) of the Individuals with
Disabilities Education Act (20 U.S.C. 1463(c)) is amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) in paragraph (10), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(11) supporting the post-award planning and design, and
the initial implementation (which may include costs for
informing the community, acquiring necessary equipment and
supplies, and other initial operational costs), during a period
of not more than 3 years, of State programs that allow the
parent of a child with a disability to make a genuine
independent choice of the appropriate public or private school
for their child, if the program--
``(A) requires that the child be a child who has
received an initial evaluation described in section
614(a) and has been identified as a child with a
disability, in accordance with part B;
``(B)(i) permits the parent to receive from the
State funds to be used to pay some or all of the costs
of attendance at the selected school (which may include
tuition, fees, and transportation costs); or
``(ii) permits persons to receive a State tax
credit for donations to an entity that provides funds
to parents of eligible students described in
subparagraph (A), to be used by the parents to pay some
or all of the costs of attendance at the selected
school (which may include tuition, fees, and
transportation costs);
``(C) prohibits any school that agrees to
participate in the program from discriminating against
eligible students on the basis of race, color, national
origin, or sex, except that--
``(i) the prohibition of sex discrimination
shall not apply to a participating school that
is operated by, supervised by, controlled by,
or connected to a religious organization to the
extent that the application of such prohibition
is inconsistent with the religious tenets or
beliefs of the school; and
``(ii) notwithstanding this subparagraph or
any other provision of law, a parent may
choose, and a school may offer, a single-sex
school, class, or activity;
``(D) notwithstanding any other provision of law,
allows any school participating in the program that is
operated by, supervised by, controlled by, or connected
to, a religious organization to exercise its right in
matters of employment consistent with title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.),
including the exemptions in that title;
``(E) allows a school to participate in the program
without, consistent with the First Amendment of the
Constitution of the United States--
``(i) necessitating any change in the
participating school's teaching mission;
``(ii) requiring any private participating
school to remove religious art, icons,
scriptures, or other symbols; or
``(iii) precluding any private
participating school from retaining religious
terms in its name, selecting its board members
on a religious basis, or including religious
references in its mission statements and other
chartering or governing documents; and
``(F) requires a participating school selected for
a child with a disability to be academically
accountable to the parent for meeting the educational
needs of the student.''.
TITLE III--MILITARY SCHOLARSHIPS
SEC. 301. PURPOSE.
The purpose of this title is to ensure high-quality education for
children of military personnel who live on military installations and
thus have less freedom to exercise school choice for their children, in
order to improve the ability of the Armed Forces to retain such
military personnel.
SEC. 302. MILITARY SCHOLARSHIP PROGRAM.
(a) Definitions.--In this section:
(1) ESEA definitions.--The terms ``child'', ``elementary
school'', ``secondary school'', and ``local 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 military student.--The term ``eligible
military student'' means a child who--
(A) is a military dependent student;
(B) lives on a military installation selected to
participate in the program under subsection (b)(2); and
(C) chooses to attend a participating school,
rather than a school otherwise assigned to the child.
(3) Military dependent student.--The term ``military
dependent student'' has the meaning given the term in section
572(e) of the National Defense Authorization Act for Fiscal
Year 2006 (20 U.S.C. 7703b(e)).
(4) Participating school.--The term ``participating
school'' means a public or private elementary school or
secondary school that--
(A) accepts scholarship funds provided under this
section on behalf of an eligible military student for
the costs of tuition, fees, or transportation of the
eligible military student; and
(B) is accredited, licensed, or otherwise operating
in accordance with State law.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(b) Program Authorized.--
(1) In general.--From amounts made available under
subsection (g) and beginning for the first full school year
following the date of enactment of this Act, the Secretary
shall carry out a 5-year pilot program to award scholarships to
enable eligible military students to attend the public or
private elementary schools or secondary schools selected by the
eligible military students' parents.
(2) Scope of program.--
(A) In general.--The Secretary shall select not
less than 5 military installations to participate in
the pilot program described in paragraph (1). In making
such selection, the Secretary shall choose military
installations where eligible military students would
most benefit from expanded educational options.
(B) Ineligibility.--A military installation that
provides, on its premises, education for all elementary
school and secondary school grade levels through one or
more Department of Defense dependents' schools shall
not be eligible for participation in the program.
(3) Amount of scholarships.--
(A) In general.--The annual amount of each
scholarship awarded to an eligible military student
under this section shall not exceed the lesser of--
(i) the cost of tuition, fees, and
transportation associated with attending the
participating school selected by the parents of
the student; or
(ii)(I) in the case of an eligible military
student attending elementary school--
(aa) $8,000 for the first full
school year following the date of
enactment of this Act; or
(bb) the amount determined under
subparagraph (B) for each school year
following such first full school year;
or
(II) in the case of an eligible military
student attending secondary school--
(aa) $12,000 for the first full
school year following the date of
enactment of this Act; or
(bb) the amount determined under
subparagraph (B) for each school year
following such first full school year.
(B) Adjustment for inflation.--For each school year
after the first full school year following the date of
enactment of this Act, the amounts specified in
subclauses (I) and (II) of subparagraph (A)(ii) shall
be adjusted to reflect changes for the 12-month period
ending the preceding June in the Consumer Price Index
for All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.
(4) Payments to parents.--The Secretary shall make
scholarship payments under this section to the parent of the
eligible military student in a manner that ensures such
payments will be used for the payment of tuition, fees, and
transportation expenses (if any) in accordance with this
section.
(c) Selection of Scholarships Recipients.--
(1) Random selection.--If more eligible military students
apply for scholarships under the program under this section
than the Secretary can accommodate, the Secretary shall select
the scholarship recipients through a random selection process
from students who submitted applications by the application
deadline specified by the Secretary.
(2) Continued eligibility.--
(A) In general.--An individual who is selected to
receive a scholarship under the program under this
section shall continue to receive a scholarship for
each year of the program until the individual--
(i) graduates from secondary school or
elects to no longer participate in the program;
(ii) exceeds the maximum age for which the
State in which the student lives provides a
free public education; or
(iii) is no longer an eligible military
student.
(B) Continued participation for military
transfers.--
(i) Transfer to private non-military
housing.--Notwithstanding subparagraph
(A)(iii), an individual receiving a scholarship
under this section for a school year who meets
the requirements of subparagraphs (A) and (C)
of subsection (a)(2) and whose family, during
such school year, moves into private non-
military housing that is not considered to be
part of the military installation, shall
continue to receive the scholarship for use at
the participating school for the remaining
portion of the school year.
(ii) Transfer to a different military
installation.--Notwithstanding subparagraph
(A)(iii), an individual receiving a scholarship
under this section for a school year whose
family is transferred to a different military
installation shall no longer be eligible to
receive such scholarship beginning on the date
of the transfer. Such individual may apply to
participate in any program offered under this
section for the new military installation for a
subsequent school year, if such individual
qualifies as an eligible military student for
such school year.
(d) Nondiscrimination and Other Provisions.--
(1) Non-discrimination.--A participating school shall not
discriminate against program participants or applicants on the
basis of race, color, national origin, or sex.
(2) Applicability and single-sex schools, classes, or
activities.--
(A) In general.--Notwithstanding any other
provision of law, the prohibition of sex discrimination
in paragraph (1) shall not apply to a participating
school that is operated by, supervised by, controlled
by, or connected to a religious organization to the
extent that the application of paragraph (1) is
inconsistent with the religious tenets or beliefs of
the school.
(B) Single-sex schools, classes, or activities.--
Notwithstanding paragraph (1) or any other provision of
law, a parent may choose, and a participating school
may offer, a single-sex school, class, or activity.
(3) Children with disabilities.--Nothing in this section
may be construed to alter or modify the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(4) Rules of conduct and other school policies.--A
participating school, including the schools described in
subsection (e), may require eligible students to abide by any
rules of conduct and other requirements applicable to all other
students at the school.
(e) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other provision of
law, a participating school that is operated by, supervised by,
controlled by, or connected to, a religious organization may
exercise its right in matters of employment 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) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under this title to
eligible military students that are received by a participating
school, as a result of their parents' choice, shall not,
consistent with the first amendment of the United States
Constitution--
(A) necessitate any change in the participating
school's teaching mission;
(B) require any private participating school to
remove religious art, icons, scriptures, or other
symbols; or
(C) preclude any private participating school from
retaining religious terms in its name, selecting its
board members on a religious basis, or including
religious references in its mission statements and
other chartering or governing documents.
(f) Reports.--
(1) Annual reports.--Not later than July 30 of the year
following the year of the date of enactment of this Act, and
each subsequent year through the year in which the final report
is submitted under paragraph (2), the Secretary shall prepare
and submit to Congress an interim report on the scholarships
awarded under the pilot program under this section that
includes the content described in paragraph (3) for the
applicable school year of the report.
(2) Final report.--Not later than 90 days after the end of
the pilot program under this section, the Secretary shall
prepare and submit to Congress a report on the scholarships
awarded under the program that includes the content described
in paragraph (3) for each school year of the program.
(3) Content.--Each annual report under paragraph (1) and
the final report under paragraph (2) shall contain--
(A) the number of applicants for scholarships under
this section;
(B) the number, and the average dollar amount, of
scholarships awarded;
(C) the number of participating schools;
(D) the number of elementary school students
receiving scholarships under this section and the
number of secondary school students receiving such
scholarships; and
(E) the results of a survey, conducted by the
Secretary, regarding parental satisfaction with the
scholarship program under this section.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2014 through 2018.
(h) Offset in Department of Education Salaries.--Notwithstanding
any other provision of law, for fiscal year 2014 and each of the 4
succeeding fiscal years, the Secretary of Education shall return to the
Treasury $10,000,000 of the amounts made available to the Secretary for
salaries and expenses of the Department of Education for such year.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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