S.Amdt. 3381Senate111th Congress (2009-2011)2nd degree

To reauthorize the DC opportunity scholarship program.

Submitted March 3, 2010

Legislative Activity

Stay on top of the latest movement without scrolling through every action

3 earlier actions
Floor Latest Action

Senate amendment proposed (on the floor): Amendment SA 3381 proposed by Senator Lieberman to Amendment SA 3336.(consideration: CR S1292-1293)

March 9, 2010

View full timeline
Floor

Senate amendment proposed (on the floor): Amendment SA 3381 proposed by Senator Lieberman to Amendment SA 3336.(consideration: CR S1292-1293)

March 9, 2010

Floor

Amendment SA 3381 proposed by Senator Lieberman to Amendment SA 3336. (consideration: CR S1292-1293) To reauthorize the DC opportunity scholarship program.

March 9, 2010

Floor

Proposed amendment SA 3381 withdrawn in Senate. (consideration: CR S1293)

March 9, 2010

Floor

Senate amendment submitted

March 3, 2010

Text

Submitted

SA 3381. Mr. LIEBERMAN (for himself, Ms. Collins, Mrs. Feinstein, Mr.
Byrd, Mr. Ensign, and Mr. Voinovich) submitted an amendment intended to
be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill
H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain
expiring provisions, and for other purposes; which was ordered to lie
on the table; as follows:

At the end, add the following:

[[Page S1099]]

TITLE VIII--DC OPPORTUNITY SCHOLARSHIP PROGRAM

SEC. 801. SHORT TITLE.

This title may be cited as the ``Scholarships for
Opportunity and Results Act of 2010'' or the ``SOAR Act''.

SEC. 802. FINDINGS.

Congress finds the following:
(1) Parents are best equipped to make decisions for their
children, including the educational setting that will best
serve the interests and educational needs of their child.
(2) For many parents in the District of Columbia, public
school choice provided under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left Behind
Act of 2001, as well as under other public school choice
programs, is inadequate. More educational options are needed
to ensure all families in the District of Columbia have
access to a quality education. In particular, funds are
needed to provide low-income parents with enhanced public
opportunities and private educational environments,
regardless of whether such environments are secular or
nonsecular.
(3) Public school records raise persistent concerns
regarding health and safety problems in District of Columbia
public schools. For example, more than half of the District
of Columbia's teenage public school students attend schools
that meet the District of Columbia's definition of
``persistently dangerous'' due to the number of violent
crimes.
(4) While the per student cost for students in the public
schools of the District of Columbia is one of the highest in
the United States, test scores for such students continue to
be among the lowest in the Nation. The National Assessment of
Educational Progress (NAEP), an annual report released by the
National Center for Education Statistics, reported in its
2007 study that students in the District of Columbia were
being outperformed by every State in the Nation. On the 2007
NAEP, 61 percent of fourth grade students scored ``below
basic'' in reading, and 51 percent scored ``below basic'' in
mathematics. Among eighth grade students, 52 percent scored
``below basic'' in reading and 56 percent scored ``below
basic'' in mathematics. On the 2007 NAEP reading assessment,
only 14 percent of the District of Columbia fourth grade
students could read proficiently, while only 12 percent of
the eighth grade students scored at the proficient or
advanced level.
(5) In 2003, Congress passed the DC School Choice Incentive
Act of 2003 (Public Law 108-199; 118 Stat. 126) to provide
opportunity scholarships to parents of students in the
District of Columbia that could be used by students in
kindergarten through grade 12 to attend a private educational
institution. The opportunity scholarship program under such
Act was part of a comprehensive 3-part funding arrangement
that also included additional funds for the District of
Columbia public schools, and additional funds for public
charter schools of the District of Columbia. The intent of
the approach was to ensure that progress would continue to be
made to improve public schools and public charter schools,
and that funding for the opportunity scholarship program
would not lead to a reduction in funding for the District of
Columbia public and charter schools. Resources would be
available for a variety of educational options that would
give families in the District of Columbia a range of choices
with regard to the education of their children.
(6) The opportunity scholarship program was established in
accordance with the U.S. Supreme Court decision, Zelman v.
Simmons-Harris, 536 U.S. 639 (2002), which found that a
program enacted for the valid secular purpose of providing
educational assistance to low-income children in a
demonstrably failing public school system is constitutional
if it is neutral with respect to religion and provides
assistance to a broad class of citizens who direct government
aid to religious and secular schools solely as a result of
their genuine and independent private choices.
(7) Since the opportunity scholarship program's inception,
it has consistently been oversubscribed. Parents express
strong support for the opportunity scholarship program. A
rigorous analysis of the program by the Institute of
Education Sciences (IES) shows statistically significant
improvements in parental satisfaction and in reading scores
that are even more dramatic when only those students
consistently using the scholarships are considered.
(8) The DC opportunity scholarship program is a program
that offers families in need, in the District of Columbia,
important alternatives while public schools are improved. It
is the sense of Congress that this program should continue as
1 of a 3-part comprehensive funding strategy for the District
of Columbia school system that provides new and equal funding
for public schools, public charter schools, and opportunity
scholarships for students to attend private schools.

SEC. 803. PURPOSE.

The purpose of this title is to provide low-income parents
residing in the District of Columbia, particularly parents of
students who attend elementary schools or secondary schools
identified for improvement, corrective action, or
restructuring under section 1116 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316), with
expanded opportunities for enrolling their children in other
schools in the District of Columbia, at least until the
public schools in the District of Columbia have adequately
addressed shortfalls in health, safety, and security and the
students in the District of Columbia public schools are
testing in mathematics and reading at or above the national
average.

SEC. 804. GENERAL AUTHORITY.

(a) Authority.--From funds appropriated to carry out this
title, the Secretary shall award grants on a competitive
basis to eligible entities with approved applications under
section 805 to carry out activities to provide eligible
students with expanded school choice opportunities. The
Secretary may award a single grant or multiple grants,
depending on the quality of applications submitted and the
priorities of this title.
(b) Duration of Grants.--The Secretary shall make grants
under this section for a period of not more than 5 years.
(c) Memorandum of Understanding.--The Secretary and the
Mayor of the District of Columbia shall enter into a
memorandum of understanding regarding the design of,
selection of eligible entities to receive grants under, and
implementation of, a program assisted under this title.
(d) Special Rule.--Notwithstanding any other provision of
law, funding appropriated for the opportunity scholarship
program under the Omnibus Appropriations Act, 2009 (Public
Law 111-8), the District of Columbia Appropriations Act, 2010
(Public Law 111-117), or any other Act, may be used to
provide opportunity scholarships under section 807 to new
applicants.

SEC. 805. APPLICATIONS.

(a) In General.--In order to receive a grant under this
title, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require.
(b) Contents.--The Secretary may not approve the request of
an eligible entity for a grant under this title unless the
entity's application includes--
(1) a detailed description of--
(A) how the entity will address the priorities described in
section 806;
(B) how the entity will ensure that if more eligible
students seek admission in the program than the program can
accommodate, eligible students are selected for admission
through a random selection process which gives weight to the
priorities described in section 806;
(C) how the entity will ensure that if more participating
eligible students seek admission to a participating school
than the school can accommodate, participating eligible
students are selected for admission through a random
selection process;
(D) how the entity will notify parents of eligible students
of the expanded choice opportunities and how the entity will
ensure that parents receive sufficient information about
their options to allow the parents to make informed
decisions;
(E) the activities that the entity will carry out to
provide parents of eligible students with expanded choice
opportunities through the awarding of scholarships under
section 807(a);
(F) how the entity will determine the amount that will be
provided to parents for the tuition, fees, and transportation
expenses, if any;
(G) how the entity will--
(i) seek out private elementary schools and secondary
schools in the District of Columbia to participate in the
program; and
(ii) ensure that participating schools will meet the
reporting and other requirements of this title;
(H) how the entity will ensure that participating schools
are financially responsible and will use the funds received
under this title effectively;
(I) how the entity will address the renewal of scholarships
to participating eligible students, including continued
eligibility; and
(J) how the entity will ensure that a majority of its
voting board members or governing organization are residents
of the District of Columbia;
(2) an assurance that the entity will comply with all
requests regarding any evaluation carried out under section
809; and
(3) an assurance that site inspections of participating
schools will be conducted at appropriate intervals.

SEC. 806. PRIORITIES.

In awarding grants under this title, the Secretary shall
give priority to applications from eligible entities that
will most effectively--
(1) give priority to eligible students who, in the school
year preceding the school year for which the eligible student
is seeking a scholarship, attended an elementary school or
secondary school identified for improvement, corrective
action, or restructuring under section 1116 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316);
(2) give priority to students whose household includes a
sibling or other child who is already participating in the
program of the eligible entity under this title, regardless
of whether such students have, in the past, been assigned as
members of a control study group for the purposes of an
evaluation under section 809;
(3) target resources to students and families that lack the
financial resources to take advantage of available
educational options; and
(4) provide students and families with the widest range of
educational options.

SEC. 807. USE OF FUNDS.

(a) Scholarships.--

[[Page S1100]]

(1) In general.--Subject to paragraphs (2) and (3), an
eligible entity receiving a grant under this title shall use
the grant funds to provide eligible students with
scholarships to pay the tuition, fees, and transportation
expenses, if any, to enable the eligible students to attend
the District of Columbia private elementary school or
secondary school of their choice beginning in school year
2010-2011. Each such eligible entity shall ensure that the
amount of any tuition or fees charged by a school
participating in such eligible entity's program under this
title to an eligible student participating in the program
does not exceed the amount of tuition or fees that the school
charges to students who do not participate in the program.
(2) Payments to parents.--An eligible entity receiving a
grant under this title shall make scholarship payments under
the program under this title to the parent of the eligible
student participating in the program, in a manner which
ensures that such payments will be used for the payment of
tuition, fees, and transportation expenses (if any), in
accordance with this title.
(3) Amount of assistance.--
(A) Varying amounts permitted.--Subject to the other
requirements of this section, an eligible entity receiving a
grant under this title may award scholarships in larger
amounts to those eligible students with the greatest need.
(B) Annual limit on amount.--
(i) Limit for school year 2010-2011.--The amount of
assistance provided to any eligible student by an eligible
entity under a program under this title for school year 2010-
2011 may not exceed--

(I) $9,000 for attendance in kindergarten through grade 8;
and
(II) $11,000 for attendance in grades 9 through 12.

(ii) Cumulative inflation adjustment.--The limits described
in clause (i) shall apply for each school year following
school year 2010-2011, except that the Secretary shall adjust
the maximum amounts of assistance (as described in clause (i)
and adjusted under this clause for the preceding year) for
inflation, as measured by the percentage increase, if any,
from the preceding fiscal year in the Consumer Price Index
for All Urban Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.
(4) Participating school requirements.--None of the funds
provided under this title for opportunity scholarships may be
used by an eligible student to enroll in a participating
private school unless the participating school--
(A) has and maintains a valid certificate of occupancy
issued by the District of Columbia;
(B) makes readily available to all prospective students
information on its school accreditation;
(C) in the case of a school that has been operating for 5
years or less, submits to the eligible entity administering
the program proof of adequate financial resources reflecting
the financial sustainability of the school and the school's
ability to be in operation through the school year;
(D) has financial systems, controls, policies, and
procedures to ensure that Federal funds are used according to
this title;
(E) ensures that each teacher of core subject matter in the
school has a baccalaureate degree or equivalent degree; and
(F) is in compliance with the accreditation and other
standards prescribed under the District of Colombia
compulsory school attendance laws that apply to educational
institutions not affiliated with the District of Columbia
Public Schools.
(b) Administrative Expenses.--An eligible entity receiving
a grant under this title may use not more than 3 percent of
the amount provided under the grant each year for the
administrative expenses of carrying out its program under
this title during the year, including--
(1) determining the eligibility of students to participate;
(2) selecting eligible students to receive scholarships;
(3) determining the amount of scholarships and issuing the
scholarships to eligible students; and
(4) compiling and maintaining financial and programmatic
records.
(c) Parental Assistance.--An eligible entity receiving a
grant under this title may use not more than 2 percent of the
amount provided under the grant each year for the expenses of
educating parents about the program under this title and
assisting parents through the application process under this
title during the year, including--
(1) providing information about the program and the
participating schools to parents of eligible students;
(2) providing funds to assist parents of students in
meeting expenses that might otherwise preclude the
participation of eligible students in the program; and
(3) streamlining the application process for parents.
(d) Student Academic Assistance.--An eligible entity
receiving a grant under this title may use not more than 1
percent of the amount provided under the grant each year for
expenses to provide tutoring services to participating
eligible students that need additional academic assistance in
the students' new schools. If there are insufficient funds to
pay for these costs for all such students, the eligible
entity shall give priority to students who previously
attended an elementary school or secondary school that was
identified for improvement, corrective action, or
restructuring under section 1116 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316) as of the
time the student attended the school.

SEC. 808. NONDISCRIMINATION.

(a) In General.--An eligible entity or a school
participating in any program under this title shall not
discriminate against program participants or applicants on
the basis of race, color, national origin, religion, or sex.
(b) Applicability and Single Sex Schools, Classes, or
Activities.--
(1) In general.--Notwithstanding any other provision of
law, the prohibition of sex discrimination in subsection (a)
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 subsection
(a) is inconsistent with the religious tenets or beliefs of
the school.
(2) Single sex schools, classes, or activities.--
Notwithstanding subsection (a) or any other provision of law,
a parent may choose and a school may offer a single sex
school, class, or activity.
(3) Applicability.--For purposes of this title, the
provisions of section 909 of the Education Amendments of 1972
(20 U.S.C. 1688) shall apply to this title as if section 909
of the Education Amendments of 1972 (20 U.S.C. 1688) were
part of this title.
(c) Children With Disabilities.--Nothing in this title may
be construed to alter or modify the provisions 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 participating in any program under this title
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-1 et seq.),
including the exemptions in such title.
(2) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under this title to
eligible students, which are used at a participating school
as a result of their parents' choice, shall not, consistent
with the first amendment of the United States Constitution,
necessitate any change in the participating school's teaching
mission, require any participating school to remove religious
art, icons, scriptures, or other symbols, or preclude any
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.
(e) Rule of Construction.--A scholarship (or any other form
of support provided to parents of eligible students) under
this title shall be considered assistance to the student and
shall not be considered assistance to the school that enrolls
the eligible student. The amount of any scholarship (or other
form of support provided to parents of an eligible student)
under this title shall not be treated as income of the
parents for purposes of Federal tax laws or for determining
eligibility for any other Federal program.

SEC. 809. EVALUATIONS.

(a) In General.--
(1) Duties of the secretary and the mayor.--The Secretary
and the Mayor of the District of Columbia shall--
(A) jointly enter into an agreement with the Institute of
Education Sciences of the Department of Education to evaluate
annually the performance of students who received
scholarships under the 5-year program under this title, and
(B) make the evaluations public in accordance with
subsection (c).
(2) Duties of the secretary.--The Secretary, through a
grant, contract, or cooperative agreement, shall--
(A) ensure that the evaluation is conducted using the
strongest possible research design for determining the
effectiveness of the program funded under this title that
addresses the issues described in paragraph (4); and
(B) disseminate information on the impact of the program in
increasing the academic growth and achievement of
participating students, and on the impact of the program on
students and schools in the District of Columbia.
(3) Duties of the institute of education sciences.--The
Institute of Education Sciences shall--
(A) use a grade appropriate measurement each school year to
assess participating eligible students;
(B) measure the academic achievement of all participating
eligible students; and
(C) work with the eligible entities to ensure that the
parents of each student who applies for a scholarship under
this title (regardless of whether the student receives the
scholarship) and the parents of each student participating in
the scholarship program under this title, agree that the
student will participate in the measurements given annually
by the Institute of Educational Sciences for the period for
which the student applied for or received the scholarship,
respectively, except that nothing in this subparagraph shall
affect a student's priority for an opportunity scholarship as
provided under section 806(2).
(4) Issues to be evaluated.--The issues to be evaluated
include the following:
(A) A comparison of the academic growth and achievement of
participating eligible

[[Page S1101]]

students in the measurements described in this section to the
academic growth and achievement of--
(i) students in the same grades in the District of Columbia
public schools; and
(ii) the eligible students in the same grades in the
District of Columbia public schools who sought to participate
in the scholarship program but were not selected.
(B) The success of the program in expanding choice options
for parents.
(C) The reasons parents choose for their children to
participate in the program.
(D) A comparison of the retention rates, dropout rates, and
(if appropriate) graduation and college admission rates, of
students who participate in the program funded under this
title with the retention rates, dropout rates, and (if
appropriate) graduation and college admission rates of
students of similar backgrounds who do not participate in
such program.
(E) The impact of the program on students, and public
elementary schools and secondary schools, in the District of
Columbia.
(F) A comparison of the safety of the schools attended by
students who participate in the program funded under this
title and the schools attended by students who do not
participate in the program, based on the perceptions of the
students and parents and on objective measures of safety.
(G) Such other issues as the Secretary considers
appropriate for inclusion in the evaluation.
(H) An analysis of the issues described in subparagraphs
(A) through (G) with respect to the subgroup of eligible
students participating in the program funded under this title
who consistently use the opportunity scholarships to attend a
participating school.
(I) An assessment of the academic value added by
participating schools on a school-by-school basis based on
test results from participating eligible students using the
same test as is administered to students attending District
of Columbia public schools, except that if the evaluator is
able certify that other means are available to compare
results from the test administrated in District of Columbia
public schools to the nationally normed test used at the
participating school, such nationally normed test may be
used. Such assessment shall be based on the strongest
possible research design and shall, to the extent possible,
test students under conditions that yield scientifically
valid results. Such assessment shall also provide, to the
extent possible, a scientifically valid analysis of how such
schools provide academic value added as compared to public
schools in the District of Columbia. The results of the
assessment shall be supplied to parents and included in all
reports to Congress so as to ensure that Federal dollars used
for the purposes of the program are positively impacting the
achievement levels of student participants.
(5) Prohibition.--Personally identifiable information
regarding the results of the measurements used for the
evaluations may not be disclosed, except to the parents of
the student to whom the information relates.
(b) Reports.--The Secretary shall submit to the Committees
on Appropriations, Education and Labor, and Oversight and
Government Reform of the House of Representatives and the
Committees on Appropriations, Health, Education, Labor, and
Pensions, and Homeland Security and Governmental Affairs of
the Senate--
(1) annual interim reports, not later than December 1 of
each year for which a grant is made under this title, on the
progress and preliminary results of the evaluation of the
program funded under this title; and
(2) a final report, not later than 1 year after the final
year for which a grant is made under this title, on the
results of the evaluation of the program funded under this
title.
(c) Public Availability.--All reports and underlying data
gathered pursuant to this section shall be made available to
the public upon request, in a timely manner following
submission of the applicable report under subsection (b),
except that personally identifiable information shall not be
disclosed or made available to the public.
(d) Limit on Amount Expended.--The amount expended by the
Secretary to carry out this section for any fiscal year may
not exceed 5 percent of the total amount appropriated to
carry out this title for the fiscal year.

SEC. 810. REPORTING REQUIREMENTS.

(a) Activities Reports.--Each eligible entity receiving
funds under this title during a year shall submit a report to
the Secretary not later than July 30 of the following year
regarding the activities carried out with the funds during
the preceding year.
(b) Achievement Reports.--
(1) In general.--In addition to the reports required under
subsection (a), each grantee receiving funds under this title
shall, not later than September 1 of the year during which
the second academic year of the grantee's program is
completed and each of the next 2 years thereafter, submit to
the Secretary a report, including any pertinent data
collected in the preceding 2 academic years, concerning--
(A) the academic growth and achievement of students
participating in the program;
(B) the graduation and college admission rates of students
who participate in the program, where appropriate; and
(C) parental satisfaction with the program.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information.
(c) Reports to Parent.--
(1) In general.--Each grantee receiving funds under this
title shall ensure that each school participating in the
grantee's program under this title during a year reports at
least once during the year to the parents of each of the
school's students who are participating in the program on--
(A) the student's academic achievement, as measured by a
comparison with the aggregate academic achievement of other
participating students at the student's school in the same
grade or level, as appropriate, and the aggregate academic
achievement of the student's peers at the student's school in
the same grade or level, as appropriate; and
(B) the safety of the school, including the incidence of
school violence, student suspensions, and student expulsions.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information, except as to the student who is the
subject of the report to that student's parent.
(d) Report to Congress.--The Secretary shall submit to the
Committees on Appropriations, Education and the Workforce,
and Oversight and Government Reform of the House of
Representatives and the Committees on Appropriations, Health,
Education, Labor, and Pensions, and Homeland Security and
Governmental Affairs of the Senate an annual report on the
findings of the reports submitted under subsections (a) and
(b).

SEC. 811. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

(a) Testing.--Students participating in a program under
this title shall take a nationally norm-referenced
standardized test in reading and mathematics. Results of such
test shall be reported to the student's parent and the
Institute of Education Sciences. To preserve confidentiality,
at no time should results for individual students or schools
be released to the public.
(b) Requests for Data and Information.--Each school
participating in a program funded under this title shall
comply with all requests for data and information regarding
evaluations conducted under section 809(a).
(c) Rules of Conduct and Other School Policies.--A
participating school, including a participating school
described in section 808(d), may require eligible students to
abide by any rules of conduct and other requirements
applicable to all other students at the school.

SEC. 812. DEFINITIONS.

In this title:
(1) Elementary school.--The term ``elementary school''
means an institutional day or residential school, including a
public elementary charter school, that provides elementary
education, as determined under District of Columbia law.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A nonprofit organization.
(B) A consortium of nonprofit organizations.
(3) Eligible student.--The term ``eligible student'' means
a student who is a resident of the District of Columbia and
comes from a household--
(A) receiving assistance under the supplemental nutrition
assistance program established under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
(B) whose income does not exceed--
(i) 185 percent of the poverty line;
(ii) in the case of a student in a household that had a
student participating in a program under this title for the
preceding school year, 250 percent of the poverty line; or
(iii) in the case of a student in a household that had a
student participating in a program under the DC School Choice
Incentive Act of 2003 (Public Law 108-199; 118 Stat. 126) on
or before the date of enactment of this title, 300 percent of
the poverty line.
(4) Parent.--The term ``parent'' has the meaning given that
term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(5) Poverty line.--The term ``poverty line'' has the
meaning given that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) Secondary school.--The term ``secondary school'' means
an institutional day or residential school, including a
public secondary charter school, that provides secondary
education, as determined under District of Columbia law,
except that the term does not include any education beyond
grade 12.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.

SEC. 813. TRANSITION PROVISIONS.

(a) Repeal; Sunset of Other Provisions.--
(1) Repeal.--The DC School Choice Incentive Act of 2003
(title III of division C of the Consolidated Appropriations
Act, 2004 (Public Law 108-199; 118 Stat. 126)) is repealed.
(2) Sunset of other provisions.--Notwithstanding any other
provision of law, all of the provisos under the heading
``federal payment for school improvement'' under the District
of Columbia Appropriations Act, 2010 (Public Law 111-117),
shall cease to have effect on and after the date of enactment
of this Act.
(b) Reauthorization of Program.--This title shall be deemed
to be the reauthorization of the opportunity scholarship
program under the DC School Choice Incentive Act of 2003.

[[Page S1102]]

(c) Orderly Transition.--Subject to subsections (d) and
(e), the Secretary shall take such steps as the Secretary
determines to be appropriate to provide for the orderly
transition to the authority of this title from any authority
under the provisions of the DC School Choice Incentive Act of
2003 (Public Law 108-199; 118 Stat. 126), as the DC School
Choice Incentive Act of 2003 was in effect on the day before
the date of enactment of this title.
(d) Rule of Construction.--Nothing in this title or a
repeal made by this title shall be construed to alter or
affect the memorandum of understanding entered into with the
District of Columbia, or any grant or contract awarded, under
the DC School Choice Incentive Act of 2003 (Public Law 108-
199; 118 Stat. 126), as the DC School Choice Incentive Act of
2003 was in effect on the day before the date of enactment of
this title.
(e) Multi-Year Awards.--The recipient of a multi-year grant
or contract award under the DC School Choice Incentive Act of
2003 (Public Law 108-199; 118 Stat. 126), as the DC School
Choice Incentive Act of 2003 was in effect on the day before
the date of enactment of this title, shall continue to
receive funds in accordance with the terms and conditions of
such award.

SEC. 814. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated--
(1) to carry out this title, $20,000,000 for fiscal year
2010 and such sums as may be necessary for each of the 4
succeeding fiscal years;
(2) for the District of Columbia public schools, in
addition to any other amounts available for District of
Columbia public schools, $20,000,000 for fiscal year 2010 and
such sums as may be necessary for each of the 4 succeeding
fiscal years; and
(3) for District of Columbia public charter schools, in
addition to any other amounts available for District of
Columbia public charter schools, $20,000,000 for fiscal year
2010 and such sums as may be necessary for each of the 4
succeeding fiscal years.
______