§ 38–1853.04. General authority.

(a) Opportunity Scholarships. —

(1) In general. — From funds appropriated under § 38-1853.14(a)(1), the Secretary shall award grants on a competitive basis to eligible entities with approved applications under § 38-1853.05 to carry out a program 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 chapter.

(2) Duration of grants. — The Secretary may make grants under this subsection for a period of not more than 5 years.

(3) PROHIBITING IMPOSITION OF LIMITS ON ELIGIBLE STUDENTS PARTICIPATING IN THE PROGRAM.—

(A) IN GENERAL.— In carrying out the program under this division, the Secretary may not limit the number of eligible students receiving scholarships under § 38-1853.07(a), and may not prevent otherwise eligible students from participating in the program under this division, based on any of the following:

(i) The type of school the student previously attended.

(ii) Whether or not the student previously received a scholarship or participated in the program, including whether an eligible student was awarded a scholarship in any previous year but has not used the scholarship, regardless of the number of years of nonuse.

(iii) Whether or not the student was a member of the control group used by the Institute of Education Sciences to carry out previous evaluations of the program under § 38-1853.09.

(B) RULE OF CONSTRUCTION.— Nothing in subparagraph (A) may be construed to waive the requirement under § 38-1853.05(b)(1)(B) that the eligible entity carrying out the program under this chapter must carry out a random selection process, which gives weight to the priorities described in § 38-1853.06, if more eligible students seek admission in the program than the program can accommodate.

(b) D.C. Public Schools and Charter Schools. — From funds appropriated under paragraphs (2) and (3) of § 38-1853.14(a), the Secretary shall provide funds to the Mayor of the District of Columbia, if the Mayor agrees to the requirements described in § 38-1853.11(a), for—

(1) the District of Columbia public schools to improve public education in the District of Columbia; and

(2) the District of Columbia public charter schools to improve and expand quality public charter schools in the District of Columbia.

(Apr. 15, 2011, 125 Stat. 200, Pub. L. 112-10, Div. C, § 3004; May 5, 2017, 131 Stat. 135, Pub. L. 115-31, Div. E, title IX, § 904.)

Section References

This section is referenced in § 38-1853.05, § 38-1853.06, § 38-1853.07, § 38-1853.09, § 38-1853.10, and § 38-1853.12.

Editor's Notes

Section 901(b) of Div. E, Title IX, of Public Law 115-31 provided that: "Except as otherwise expressly provided, whenever in this title an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Scholarships for Opportunity and Results Act (division C of Public Law 112-10; sec. 38-1853.01 et seq., D.C. Official Code)."