119-s487

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 487 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 487

 To expand opportunity through greater choice in education, and for 
 other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 6 (legislative day, February 5), 2025

Mr. Scott of South Carolina (for himself and Mr. Wicker) 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.

 

Section 3013

    (4) of the Scholarships for Opportunity and Results Act 
(

sec. 38-1853.13

    (4) , D.C. Official Code) 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 

section 663
            (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 at the end 
 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--
 ``
            (i) accredited, licensed, or otherwise 
 operating in accordance with State law; and
 ``
            (ii) 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 8101 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 students.--The term ``military 
 dependent students'' 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) Nondiscrimination.--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 Constitution of the 
 United States--
        (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 2025 through 2029.

    (h) Offset in Department of Education Salaries.--Notwithstanding 
any other provision of law, for fiscal year 2025 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.
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