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S. 4 (pp) To improve pay and retirement equity for members of the Armed Forces; and for other purposes. [Public Print] ...


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108th CONGRESS
  1st Session
                                  S. 4

       To improve access to a quality education for all students.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2003

  Mr. Gregg (for himself, Mr. Frist, Mr. McConnell, Mr. Santorum, Mr. 
Alexander, Mr. Ensign, and Mr. Graham of South Carolina) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
       To improve access to a quality education for all students.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Opportunity for 
Every Child Act of 2003''.
    (b) Table of Contents.--
            The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
                          TITLE I--EMPOWERMENT

Sec. 101. Short title.
Sec. 102. Sense of the Senate.
                         Part A--School Choice

Sec. 111. Short title and purpose.
Sec. 112. Definitions.
Sec. 113. Program authorized.
Sec. 114. Annual reports.
Sec. 115. Applications.
Sec. 116. Priority.
Sec. 117. Interaction with other laws.
Sec. 118. Standing.
Sec. 119. Authorization of appropriations.
            Part B--District of Columbia Scholarship Program

Sec. 121. Short title, findings, and precedents.
Sec. 122. Definitions.
Sec. 123. District of Columbia Scholarship Corporation.
Sec. 124. Scholarships authorized.
Sec. 125. Scholarship awards.
Sec. 126. Scholarship payments.
Sec. 127. Civil rights.
Sec. 128. Children with disabilities.
Sec. 129. Rule of construction.
Sec. 130. Reporting requirements.
Sec. 131. Program appraisal.
Sec. 132. Standing.
Sec. 133. Effective date.
                        Part C--Charter Schools

Sec. 141. Authorization of appropriations.
                             TITLE II--IDEA

Sec. 201. Sense of the Senate regarding IDEA.
Sec. 202. Fully funding IDEA.
                      TITLE III--HIGHER EDUCATION

Sec. 301. Sense of the Senate regarding expanding access to college. 
Sec. 302. Sense of the Senate regarding minority-serving institutions. 
Sec. 303. Authorization of appropriations.
                     TITLE IV--RECRUITING TEACHERS

    Part A--Loan Forgiveness for Mathematics, Science, and Special 
                           Education Teachers

Sec. 411. Short title.
Sec. 412. Sense of the Senate regarding loan forgiveness.
Sec. 413. Revision of teacher loan forgiveness programs.
                  Part B--Classroom Expense Deduction

Sec. 421. Expansion of classroom expense deduction for teachers.
               TITLE V--MAKING EDUCATION MORE AFFORDABLE

Sec. 501. Sense of the Senate regarding making education more 
                            affordable.
Sec. 502. Affordable education provisions made permanent.
Sec. 503. Credit for education, tuition, and transportation expenses of 
                            students assigned to schools identified for 
                            school improvement.

                          TITLE I--EMPOWERMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Empowering Parents Act of 2003''.

SEC. 102. SENSE OF THE SENATE.

    It is the sense of the Senate that--
            (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) parents of children in underperforming public schools 
        should have the choice to send their children to higher 
        performing schools, be they public schools (including charter 
        schools) or private schools;
            (3) for many parents in rural and urban areas, public 
        school choice provided for under the amendments made by the No 
        Child Left Behind Act of 2001 is not a meaningful option due to 
        capacity constraints, therefore in keeping with the spirit of 
        the No Child Left Behind Act of 2001, private school choice 
        should be made available to those parents;
            (4) the District of Columbia schools have the lowest 
        student performance averages of any school system in the Nation 
        on the National Assessment of Educational Progress (NAEP) and 
        therefore parents in the District of Columbia are in particular 
        need of more options, including the possibility of sending 
        their child to private school; and
            (5) charter schools support and stimulate improved public 
        school performance by promoting competition and providing 
        parents increased options for their children, and therefore the 
        Federal Government should encourage their creation and growth, 
        particularly due to the unique financing barriers charter 
        schools face.

                         PART A--SCHOOL CHOICE

SEC. 111. SHORT TITLE AND PURPOSE.

    (a) Short Title.--This part may be cited as the ``School Choice 
Incentive Act of 2003''.
    (b) Purpose.--The purpose of this part is to provide low-income 
students attending under performing public elementary or secondary 
schools the opportunity to attend a private school when public school 
choice is unavailable.

SEC. 112. DEFINITIONS.

    In this part:
            (1) Education certificate.--The term ``education 
        certificate'' means a certificate provided to an eligible 
        student to enable the  eligible student to attend a private 
school.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        public agency, institution, or organization, such as a State, a 
        State or local educational agency, a county or municipal 
        agency, a consortium of public and private organizations, or a 
        private nonprofit organization, that can demonstrate, to the 
        satisfaction of the Secretary, its ability to--
                    (A) receive, disburse, and account for Federal 
                funds; and
                    (B) carry out the activities described in the 
                application submitted under section 115.
            (3) Eligible student.--The term ``eligible student'' means 
        a child in any of the grades kindergarten through grade 12--
                    (A) who is eligible for a free or reduced price 
                meal under the Richard B. Russell National School Lunch 
                Act (42 U.S.C. 1751 et seq.); and
                    (B) who attends, is scheduled to attend, or plans 
                to attend in the next school year (in the case of a 
                child who is not yet of school age), a school 
                identified for school improvement.
            (4) Parent.--The term ``parent'' includes a legal guardian 
        or other individual acting in loco parentis.
            (5) Private school.--The term ``private school'' means any 
        private elementary or secondary school, including a private 
        elementary or secondary sectarian school.
            (6) School identified for school improvement.--The term 
        ``school identified for school improvement'' means a public 
        elementary or secondary school identified for school 
        improvement under section 1116(b) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 113. PROGRAM AUTHORIZED.

    (a) In General.--The Secretary may award grants to eligible 
entities to enable the eligible entities to provide education 
certificates to eligible students according to the requirements of this 
part.
    (b) Requirement.--An eligible entity shall only award an education 
certificate to an eligible student if the local educational agency 
serving the public school the eligible student would otherwise attend 
is unable to enroll the eligible student in another public school that 
has not been identified for school improvement.
    (c) Use of Federal Funds.--Each eligible entity receiving a grant 
under this part--
            (1) shall provide educational certificates to eligible 
        students to supplement the costs of private school tuition, 
        mandatory fees, and costs of transportation (if any); and
            (2) may expend not more than 15 percent of the amount 
        received under the grant in the first fiscal year for which the 
        eligible entity provides education certificates under this 
        part, or 10 percent of such amount in any subsequent year, for 
        the costs of administration, including--
                    (A) providing information to parents about the 
                education certificates;
                    (B) seeking the involvement of private schools;
                    (C) making determinations of eligibility for 
                participation for eligible children;
                    (D) determining the amount of, and issuing, 
                education certificates; and
                    (E) compiling and maintaining such financial and 
                programmatic records as the Secretary may require.
    (d) Education Certificates.--
            (1) Amount.--The amount of an education certificate shall 
        be calculated on a yearly basis, and shall be equal to the cost 
        of tuition and mandatory fees for, and transportation, as 
        appropriate, to attend, a private school.
            (2) Maximum amount.--Notwithstanding any other provision of 
        this part, the maximum amount of an eligible student's 
        education certificate under this part shall not exceed the per 
        pupil expenditure for elementary and secondary education by the 
        local educational agency serving the school identified for 
        school improvement.
            (3) Tax status.--An education certificate, and funds 
        provided under the education certificate, shall not be treated 
        as income of the parents for purposes of Federal tax laws or 
        for determining eligibility for any other Federal program.
    (e) Eligible Entity Responsibilities.--Each eligible entity 
receiving a grant under this part--
            (1) shall provide timely annual notice to parents of 
        eligible students explaining the availability of education 
        certificates under this part, which at a minimum, shall 
        include--
                    (A) a description of the eligibility requirements 
                for participation in the program assisted under this 
                part;
                    (B) a description of the information needed to make 
                a determination of eligibility for such participation 
                for an eligible student;
                    (C) a description of the selection procedures to be 
                used if the number of eligible students seeking to 
                participate exceeds the number that can be 
                accommodated; and
                    (D) the schedule for parents to apply for their 
                eligible students to participate;
            (2) shall apply fair and equitable procedures for serving 
        eligible students if the amount available for education 
        certificates is not sufficient to serve all eligible students, 
        and, in such event, shall prioritize serving students from 
        families with the lowest income first;
            (3) shall not disclose to the public the identity of any 
        eligible student without the written permission of a parent of 
        the student;
            (4) shall promote maximum participation in the education 
        certificate program to ensure, to the extent practicable, that 
        parents have as many choices of private schools as possible; 
        and
            (5) shall provide annual notice to private schools of the 
        opportunity to participate in the program.

SEC. 114. ANNUAL REPORTS.

    Each eligible entity that receives a grant under this part shall 
submit to the Secretary an annual report. Each such report shall be 
submitted at such time, in such manner, and accompanied by such 
information, as the Secretary may require.

SEC. 115. APPLICATIONS.

    (a) In General.--Each eligible entity desiring a grant under this 
part shall submit an application to the Secretary at such time and in 
such manner as the Secretary may require.
    (b) Contents.--Each such application shall contain an assurance by 
the eligible entity that--
            (1) each private school participating in the program has 
        been in operation for at least 1 year prior to accepting 
        education certificates under this part; and
            (2) the eligible entity will terminate the involvement of a 
        private school in the program if the private school fails to 
        comply with the requirements of the program.

SEC. 116. PRIORITY.

    In awarding grants under this section, the Secretary shall give a 
priority to eligible entities that propose to carry out education 
certificate programs serving school districts that have a high number 
or a high concentration of schools identified for school improvement.

SEC. 117. INTERACTION WITH OTHER LAWS.

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