What This Bill Does
This bill makes three main changes to education policy. It improves scholarship opportunities for low-income students in the District of Columbia, creates a program allowing parents of students with disabilities to use public funds to attend private schools, and establishes a pilot scholarship program for children of military personnel stationed on military bases.
##
Who It Affects
- Low-income students in the District of Columbia
- Parents of children with disabilities
- Children of military personnel living on military installations
- Private and public schools that accept scholarship funds
- States that choose to establish disability scholarship programs
- The Secretary of Defense
- The Secretary of Education
##
Key Provisions
- The bill changes District of Columbia scholarship rules to clarify that students must be enrolled or will be enrolled in public or private elementary or secondary schools (Sec. 102)
- States may establish programs allowing parents of students with disabilities to use public or federal funds to pay tuition, fees, and transportation costs at private schools of their choice, with federal funds capped at actual costs (Sec. 202(a))
- Schools participating in the disability scholarship program must be accredited, licensed, or operating legally in their state and cannot discriminate based on race, color, national origin, or sex, except religious schools may make hiring decisions based on religious beliefs (Sec. 202(b))
- The Secretary of Defense shall operate a 5-year pilot scholarship program at no fewer than 5 military installations, awarding scholarships to eligible military students to attend schools chosen by their parents (Sec. 302(b)(1))
- Military scholarship amounts cannot exceed the actual cost of tuition, fees, and transportation, or capped amounts of $8,000 per year for elementary students and $12,000 per year for secondary students in the first year, adjusted annually for inflation (Sec. 302(b)(3))
- The Secretary of Defense must submit annual reports to Congress on program participation, scholarship amounts, participating schools, and parental satisfaction (Sec. 302(f))
##
What Changes
If this bill becomes law, the District of Columbia will modify its scholarship program eligibility rules. States will gain the option to create new programs letting parents of students with disabilities direct education funding to private schools instead of being limited to public school options. Military families at selected installations will gain access to scholarships allowing their children to attend non-military schools of their choice. Religious schools participating in these programs will be permitted to operate without changing their religious mission, removing religious symbols, or changing hiring practices related to religion. The Department of Education will transfer $10,000,000 annually for five years to fund the military scholarship pilot program.
##
Important Definitions
- **Military dependent students:** Children whose parent is on active duty, retired, or deceased while on active duty in the armed forces (referenced to existing federal definition in Sec. 302(a)(3))
- **Eligible military student:** A military dependent child living on a selected military installation who chooses to attend a participating school instead of an assigned school (Sec. 302(a)(2))
- **Participating school:** A public or private elementary or secondary school that accepts scholarship funds for tuition, fees, or transportation and is accredited, licensed, or operating legally under state law (Sec. 302(a)(4))
- **Child with a disability:** A child who has received an initial evaluation and been identified as having a disability under the Individuals with Disabilities Education Act (Sec. 202(b))
##
Effective Date
The military scholarship pilot program begins "for the first full school year following the date of enactment of this Act" (Sec. 302(b)(1)). Disability scholarship program support may cover "a period of not more than 3 years" (Sec. 202(b)). The specific calendar date of enactment is not specified in bill text.
II
118TH CONGRESS
1ST SESSION
S. 266
To expand opportunity through greater choice in education, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 2, 2023
Mr. SCOTT of South Carolina (for himself, Mr. BRAUN, Mr. CORNYN, Mr.
SCOTT of Florida, Mr. RUBIO, and Mr. WICKER) introduced the following
bill; which was read twice and referred to the Committee on Health, Edu-
cation, 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Creating Hope and
4
Opportunity for Individuals and Communities through
5
Education Act’’ or the ‘‘CHOICE Act’’.
6
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•S 266 IS
TITLE
I—IMPROVING
THE
1
SCHOLARSHIPS FOR OPPOR-
2
TUNITY AND RESULTS ACT
3
SEC. 101. PURPOSE.
4
The purpose of this title is to amend the Scholarships
5
for Opportunity and Results Act (Public Law 112–10, 125
6
Stat. 199) in order to improve provisions concerning op-
7
portunity scholarships available for low-income students in
8
the District of Columbia.
9
SEC. 102. IMPROVEMENTS TO THE SCHOLARSHIPS FOR OP-
10
PORTUNITY AND RESULTS ACT.
11
Section 3013(4) of the Scholarships for Opportunity
12
and Results Act (sec. 38–1853.13(4), D.C. Official Code)
13
is amended, in the matter preceding subparagraph (A),
14
by inserting ‘‘, is enrolled, or will be enrolled for the next
15
school year, in a public or private elementary school or
16
secondary school,’’ after ‘‘District of Columbia’’.
17
TITLE
II—EDUCATION
PORT-
18
ABILITY
FOR
INDIVIDUALS
19
WITH DISABILITIES
20
SEC. 201. PURPOSE.
21
The purpose of this title is to provide options to
22
States to innovate and improve the education of children
23
with disabilities by expanding the choices for students and
24
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•S 266 IS
parents under the Individuals with Disabilities Education
1
Act (20 U.S.C. 1400 et seq.).
2
SEC. 202. AMENDMENTS TO THE INDIVIDUALS WITH DIS-
3
ABILITIES EDUCATION ACT.
4
(a) CHILDREN ENROLLED IN PRIVATE SCHOOLS BY
5
THEIR PARENTS.—Section 612(a)(10)(A) of the Individ-
6
uals with Disabilities Education Act (20 U.S.C.
7
1412(a)(10)(A)) is amended by adding at the end the fol-
8
lowing:
9
‘‘(viii) PARENT OPTION PROGRAM.—If
10
a State has established a program that
11
meets
the
requirements
of
section
12
663(c)(11) (whether statewide or in limited
13
areas of the State) and that allows a par-
14
ent of a child described in section
15
663(c)(11)(A) to use public funds, or pri-
16
vate
funds
in
accordance
with
17
633(c)(11)(B)(ii), to pay some or all of the
18
costs of attendance at a private school—
19
‘‘(I) funds allocated to the State
20
under section 611 may be used by the
21
State to supplement such public or
22
private funds, if the Federal funds are
23
distributed to parents who make a
24
genuine independent choice as to the
25
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•S 266 IS
appropriate school for their child, ex-
1
cept that in no case shall the amount
2
of Federal funds provided under this
3
subclause to a parent of a child with
4
a disability for a year exceed the total
5
amount of tuition, fees, and transpor-
6
tation costs for the child for the year;
7
‘‘(II) the authorization of a par-
8
ent to exercise this option fulfills the
9
State’s obligation under paragraph (1)
10
with respect to the child during the
11
period in which the child is enrolled in
12
the selected school; and
13
‘‘(III) a selected school accepting
14
such funds shall not be required to
15
carry out any of the requirements of
16
this title with respect to such child.’’.
17
(b) RESEARCH AND INNOVATION TO IMPROVE SERV-
18
ICES
AND RESULTS
FOR CHILDREN WITH DISABIL-
19
ITIES.—Section 663(c) of the Individuals with Disabilities
20
Education Act (20 U.S.C. 1463(c)) is amended—
21
(1) in paragraph (9), by striking ‘‘and’’ after
22
the semicolon;
23
(2) in paragraph (10), by striking the period at
24
the end and inserting ‘‘; and’’; and
25
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•S 266 IS
(3) by adding at the end the following:
1
‘‘(11) supporting the post-award planning and
2
design, and the initial implementation (which may
3
include costs for informing the community, acquiring
4
necessary equipment and supplies, and other initial
5
operational costs), during a period of not more than
6
3 years, of State programs that allow the parent of
7
a child with a disability to make a genuine inde-
8
pendent choice of the appropriate public or private
9
school for their child, if the program—
10
‘‘(A) requires that the child be a child who
11
has received an initial evaluation described in
12
section 614(a) and has been identified as a
13
child with a disability, in accordance with part
14
B;
15
‘‘(B)(i) permits the parent to receive from
16
the State funds to be used to pay some or all
17
of the costs of attendance at the selected school
18
(which may include tuition, fees, and transpor-
19
tation costs); or
20
‘‘(ii) permits persons to receive a State tax
21
credit for donations to an entity that provides
22
funds to parents of eligible students described
23
in subparagraph (A), to be used by the parents
24
to pay some or all of the costs of attendance at
25
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•S 266 IS
the selected school (which may include tuition,
1
fees, and transportation costs);
2
‘‘(C) prohibits any school that agrees to
3
participate in the program from discriminating
4
against eligible students on the basis of race,
5
color, national origin, or sex, except that—
6
‘‘(i) the prohibition of sex discrimina-
7
tion shall not apply to a participating
8
school that is operated by, supervised by,
9
controlled by, or connected to a religious
10
organization to the extent that the applica-
11
tion of such prohibition is inconsistent with
12
the religious tenets or beliefs of the school;
13
and
14
‘‘(ii) notwithstanding this subpara-
15
graph or any other provision of law, a par-
16
ent may choose, and a school may offer, a
17
single-sex school, class, or activity;
18
‘‘(D) notwithstanding any other provision
19
of law, allows any school participating in the
20
program that is operated by, supervised by,
21
controlled by, or connected to, a religious orga-
22
nization to exercise its right in matters of em-
23
ployment consistent with title VII of the Civil
24
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
7
•S 266 IS
Rights Act of 1964 (42 U.S.C. 2000e et seq.),
1
including the exemptions in that title;
2
‘‘(E) allows a school to participate in the
3
program without, consistent with the First
4
Amendment of the Constitution of the United
5
States—
6
‘‘(i) necessitating any change in the
7
participating school’s teaching mission;
8
‘‘(ii) requiring any private partici-
9
pating school to remove religious art,
10
icons, scriptures, or other symbols; or
11
‘‘(iii) precluding any private partici-
12
pating school from retaining religious
13
terms in its name, selecting its board
14
members on a religious basis, or including
15
religious references in its mission state-
16
ments and other chartering or governing
17
documents; and
18
‘‘(F) requires a participating school se-
19
lected for a child with a disability to be—
20
‘‘(i) accredited, licensed, or otherwise
21
operating in accordance with State law;
22
and
23
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
8
•S 266 IS
‘‘(ii) academically accountable to the
1
parent for meeting the educational needs
2
of the student.’’.
3
TITLE III—MILITARY
4
SCHOLARSHIPS
5
SEC. 301. PURPOSE.
6
The purpose of this title is to ensure high-quality
7
education for children of military personnel who live on
8
military installations and thus have less freedom to exer-
9
cise school choice for their children, in order to improve
10
the ability of the Armed Forces to retain such military
11
personnel.
12
SEC. 302. MILITARY SCHOLARSHIP PROGRAM.
13
(a) DEFINITIONS.—In this section:
14
(1) ESEA DEFINITIONS.—The terms ‘‘child’’,
15
‘‘elementary school’’, ‘‘secondary school’’, and ‘‘local
16
educational agency’’ have the meanings given the
17
terms in section 8101 of the Elementary and Sec-
18
ondary Education Act of 1965 (20 U.S.C. 7801).
19
(2) ELIGIBLE MILITARY STUDENT.—The term
20
‘‘eligible military student’’ means a child who—
21
(A) is a military dependent student;
22
(B) lives on a military installation selected
23
to participate in the program under subsection
24
(b)(2); and
25
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
9
•S 266 IS
(C) chooses to attend a participating
1
school, rather than a school otherwise assigned
2
to the child.
3
(3) MILITARY
DEPENDENT
STUDENTS.—The
4
term ‘‘military dependent students’’ has the meaning
5
given the term in section 572(e) of the National De-
6
fense Authorization Act for Fiscal Year 2006 (20
7
U.S.C. 7703b(e)).
8
(4) PARTICIPATING SCHOOL.—The term ‘‘par-
9
ticipating school’’ means a public or private elemen-
10
tary school or secondary school that—
11
(A) accepts scholarship funds provided
12
under this section on behalf of an eligible mili-
13
tary student for the costs of tuition, fees, or
14
transportation of the eligible military student;
15
and
16
(B) is accredited, licensed, or otherwise op-
17
erating in accordance with State law.
18
(5) SECRETARY.—The term ‘‘Secretary’’ means
19
the Secretary of Defense.
20
(b) PROGRAM AUTHORIZED.—
21
(1) IN GENERAL.—From amounts made avail-
22
able under subsection (g) and beginning for the first
23
full school year following the date of enactment of
24
this Act, the Secretary shall carry out a 5-year pilot
25
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
10
•S 266 IS
program to award scholarships to enable eligible
1
military students to attend the public or private ele-
2
mentary schools or secondary schools selected by the
3
eligible military students’ parents.
4
(2) SCOPE OF PROGRAM.—
5
(A) IN GENERAL.—The Secretary shall se-
6
lect not less than 5 military installations to par-
7
ticipate in the pilot program described in para-
8
graph (1). In making such selection, the Sec-
9
retary shall choose military installations where
10
eligible military students would most benefit
11
from expanded educational options.
12
(B) INELIGIBILITY.—A military installa-
13
tion that provides, on its premises, education
14
for all elementary school and secondary school
15
grade levels through one or more Department
16
of Defense dependents’ schools shall not be eli-
17
gible for participation in the program.
18
(3) AMOUNT OF SCHOLARSHIPS.—
19
(A) IN GENERAL.—The annual amount of
20
each scholarship awarded to an eligible military
21
student under this section shall not exceed the
22
lesser of—
23
(i) the cost of tuition, fees, and trans-
24
portation associated with attending the
25
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
11
•S 266 IS
participating school selected by the parents
1
of the student; or
2
(ii)(I) in the case of an eligible mili-
3
tary student attending elementary school—
4
(aa) $8,000 for the first full
5
school year following the date of en-
6
actment of this Act; or
7
(bb)
the
amount
determined
8
under subparagraph (B) for each
9
school year following such first full
10
school year; or
11
(II) in the case of an eligible military
12
student attending secondary school—
13
(aa) $12,000 for the first full
14
school year following the date of en-
15
actment of this Act; or
16
(bb)
the
amount
determined
17
under subparagraph (B) for each
18
school year following such first full
19
school year.
20
(B) ADJUSTMENT
FOR
INFLATION.—For
21
each school year after the first full school year
22
following the date of enactment of this Act, the
23
amounts specified in subclauses (I) and (II) of
24
subparagraph (A)(ii) shall be adjusted to reflect
25
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
12
•S 266 IS
changes for the 12-month period ending the
1
preceding June in the Consumer Price Index
2
for All Urban Consumers published by the Bu-
3
reau of Labor Statistics of the Department of
4
Labor.
5
(4) PAYMENTS
TO
PARENTS.—The Secretary
6
shall make scholarship payments under this section
7
to the parent of the eligible military student in a
8
manner that ensures such payments will be used for
9
the payment of tuition, fees, and transportation ex-
10
penses (if any) in accordance with this section.
11
(c) SELECTION OF SCHOLARSHIPS RECIPIENTS.—
12
(1) RANDOM SELECTION.—If more eligible mili-
13
tary students apply for scholarships under the pro-
14
gram under this section than the Secretary can ac-
15
commodate, the Secretary shall select the scholar-
16
ship recipients through a random selection process
17
from students who submitted applications by the ap-
18
plication deadline specified by the Secretary.
19
(2) CONTINUED ELIGIBILITY.—
20
(A) IN GENERAL.—An individual who is
21
selected to receive a scholarship under the pro-
22
gram under this section shall continue to re-
23
ceive a scholarship for each year of the program
24
until the individual—
25
VerDate Sep 11 2014
22:02 Feb 14, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\S266.IS
S266
pbinns on DSKJLVW7X2PROD with $$_JOB
13
•S 266 IS
(i) graduates from secondary school or
1
elects to no longer participate in the pro-
2
gram;
3
(ii) exceeds the maximum age for
4
which the State in which the student lives
5
provides a free public education; or
6
(iii) is no longer an eligible military
7
student.
8
(B) CONTINUED PARTICIPATION FOR M
[Text truncated for display. Full text available on Congress.gov.]