Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.), and the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.); (iii) shall conduct such job training, as appropriate, through a consortium of colleges, universities, community colleges, businesses, and other appropriate providers, in the District of Columbia metropolitan area; (iv) shall design modular training programs that allow students to enter and leave the training curricula depending on their opportunities for job assignments with employers; and (v) shall utilize resources from businesses to enhance work-based learning opportunities and facilitate access by students to work-based learning and work experience through temporary work assignments with employers in the District of Columbia metropolitan area. (C) COMPENSATION.-The center may provide compensation to youths participating in the program under this paragraph for parttime work assigned in conjunction with training. Such compensation may include need-based payments and reimbursement of expenses. (d) WORKFORCE PREPARATION INITIATIVES.— (1) IN GENERAL. The private, nonprofit corporation shall establish initiatives with the District of Columbia public schools, and public charter schools, appropriate governmental agencies, and businesses and other private entities, to facilitate the integration of rigorous academic studies with workforce preparation programs in District of Columbia public schools and public charter schools. (2) CONDUCT OF INITIATIVES.-In carrying out the initiatives under paragraph (1), the private, nonprofit corporation shall, at a minimum, actively develop, expand, and promote the following programs: (A) Career academy programs in secondary schools, as such programs are established in certain District of Columbia public schools, which provide a school-within-a-school concept, focusing on career preparation and the integration of the academy programs with vocational and technical curriculum. (B) Programs carried out in the District of Columbia that are funded under the Schoolto-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.). (e) PROFESSIONAL DEVELOPMENT PROGRAM FOR TEACHERS AND ADMINISTRATORS.— (1) ESTABLISHMENT OF PROGRAM. The private, nonprofit corporation shall establish a consortium consisting of the corporation, teachers, school administrators, and the consortium of universities located in the District of Columbia (in existence on the date of the enactment of this Act), for the purpose of establishing a program for the professional development of teachers and school administrators employed by the District of Columbia public schools and public charter schools. (2) CONDUCT OF PROGRAM.-In carrying out the program established under paragraph (1), the consortium established under such paragraph, in consultation with the task force established under subtitle D and the Superintendent, at a minimum, shall provide for the following: (A) Professional development for teachers consistent with the model professional development programs for teachers under section 2411(b)(4), or consistent with the core curriculum developed by the Superintendent under section 2411(b)(2), as the case may be, except that for fiscal year 1996, such professional development shall focus on curriculum for elementary school grades in reading and mathematics that have been demonstrated to be effective for students from low-income backgrounds. (B) Professional development for principals, with a special emphasis on middle school principals, focusing on effective practices that reduce the number of students who drop out of school. (C) Private sector training of teachers in the use, application, and operation of stateof-the-art technology in education. (D) Training for school principals and other school administrators in effective private sector management practices for the purpose of site-based management in the District of Columbia public schools, and training in the management of public charter schools established in accordance with this title. SEC. 2705. MATCHING FUNDS. The private, nonprofit corporation, to the extent practicable, shall provide matching funds, or in-kind contributions, or a combination thereof, for the purpose of carrying out the duties of the corporation under section 2704, as follows: (1) For fiscal year 1996, the nonprofit corporation shall provide matching funds or inkind contributions of $1 for every $1 of Federal funds provided under this subtitle for such year for activities under section 2704. (2) For fiscal year 1997, the nonprofit corporation shall provide matching funds or inkind contributions of $3 for every $1 of Federal funds provided under this subtitle for such year for activities under section 2704. (3) For fiscal year 1998, the nonprofit corporation shall provide matching funds or inkind contributions of $5 for every $1 of Federal funds provided under this subtitle for such year for activities under section 2704. SEC. 2706. REPORT. The private, nonprofit corporation shall prepare and submit to the appropriate congressional committees on a quarterly basis, or, with respect to fiscal year 1996, on a biannual basis, a report which shall contain (1) the activities the corporation has carried out, including the duties of the corporation described in section 2704, for the 3month period ending on the date of the submission of the report, or, with respect to fiscal year 1996, the 6-month period ending on the date of the submission of the report; (2) an assessment of the use of funds or other resources donated to the corporation; (3) the results of the assessment carried out under section 2704(b)(3); and (4) a description of the goals and priorities of the corporation for the 3-month period beginning on the date of the submission of the report, or, with respect to fiscal year 1996, the 6-month period beginning on the date of the submission of the report. SEC. 2707. JOBS FOR D.C. GRADUATES PROGRAM. (a) IN GENERAL.-The nonprofit corporation shall establish a program, to be known as the "Jobs for D.C. Graduates Program", to assist District of Columbia public schools and public charter schools in organizing and implementing a school-to-work transition system, which system shall give priority to providing assistance to at-risk youths and disadvantaged youths. (b) CONDUCT OF PROGRAM.-In carrying out the program established under subsection (a), the nonprofit corporation, consistent with the policies of the nationally recognized Jobs for America's Graduates, Inc., shall— (1) establish performance standards for such program; (2) provide ongoing enhancement and improvements in such program; (3) provide research and reports on the results of such program; and (4) provide preservice and inservice training. SEC. 2708. AUTHORIZATION OF APPROPRIATIONS. (a) AUTHORIZATION.— (1) DELTA COUNCIL; ACCESS TO STATE-OFTHE-ART EDUCATIONAL TECHNOLOGY; AND WORKFORCE PREPARATION INITIATIVES.-There are authorized to be appropriated to carry out subsections (a), (b), and (d) of section 2704, $1,000,000 for each of the fiscal years 1996, 1997, and 1998. (2) DEAL CENTER.-There are authorized to be appropriated to carry out section 2704(c), $2,000,000 for each of the fiscal years 1996, 1997, and 1998. (3) PROFESSIONAL DEVELOPMENT PROGRAM FOR TEACHERS AND ADMINISTRATORS.-There are authorized to be appropriated to carry out section 2704(e), $1,000,000 for each of the fiscal years 1996, 1997, and 1998. (4) JOBS FOR D.C. GRADUATES PROGRAM. There are authorized to be appropriated to carry out section 2707 (A) $2,000,000 for fiscal year 1996; and (B) $3,000,000 for each of the fiscal years 1997 through 2000. (b) AVAILABILITY.-Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended. SEC. 2709. TERMINATION OF FEDERAL SUPPORT; SENSE OF THE CONGRESS RELATING TO CONTINUATION OF ACTIVITIES. (a) TERMINATION OF FEDERAL SUPPORT.— The authority under this subtitle to provide assistance to the private, nonprofit corporation or any other entity established pursuant to this subtitle shall terminate on October 1, 1998. (b) SENSE OF THE CONGRESS RELATING TO CONTINUATION OF ACTIVITIES.-It is the sense of the Congress that (1) the activities of the private, nonprofit corporation under section 2704 should continue to be carried out after October 1, 1998, with resources made available from the private sector; and (2) the corporation should provide oversight and coordination for such activities after such date. Subtitle J-Management and Fiscal SEC. 2751. MANAGEMENT SUPPORT SYSTEMS. (b) DEVELOPMENT OF NEW MANAGEMENT AND DATA SYSTEMS.-Notwithstanding any other law, rule, or regulation, the Board of Education shall, in academic year 1995-1996, consult with the Authority on the development of new management and data systems, as well as training of personnel to use and manage the systems in areas of budget, finance, personnel and human resources, management information services, procurement, supply management, and other systems recommended by the Authority. Such plans shall be consistent with, and contemporaneous to, the District of Columbia Government's development and implementation of a replacement for the financial management system for the District of Columbia Government in use on the date of enactment of this Act. (c) FISCAL YEAR 1996 FOR MANAGEMENT AND DATA SYSTEMS.-Not less than $1,500,000 of the amount appropriated under title I of this Act for staff, stipends, and other-than-personal-services of the Board of Education shall be available to carry out subsection (b). SEC. 2752. ANNUAL REPORTING REQUIREMENTS. (a) IN GENERAL.-The Board of Education shall annually compile an accurate and verifiable report on the positions and employees in the District of Columbia public school system. The annual report shall set forth (1) the number of validated schedule A positions in the District of Columbia public schools for fiscal year 1995, fiscal year 1996, and thereafter, on a full-time equivalent basis, including a compilation of all positions by control center, responsibility center, funding source, position type, position title, pay plan, grade, and annual salary; and (2) a compilation of all employees in the District of Columbia public schools as of December 31, of the year preceding the year for which the report is made, verified as to its accuracy in accordance with the functions that each employee actually performs, by control center, responsibility center, agency reporting code, program (including funding source), activity, location for accounting purposes, job title, grade and classification, annual salary, and position control number. (b) SUBMISSION.-The annual report required by subsection (a) shall be submitted to the Congress, the Mayor, the District of Columbia Council, the Consensus Commission, and the Authority, not later than February 8, 1996, and each February 8 thereafter. SEC. 2753. ANNUAL BUDGETS AND BUDGET REVISIONS. (a) IN GENERAL.-Not later than October 1, 1996, or prior to 15 calendar days after the date of the enactment of the District of Columbia Appropriations Act, 1996, whichever occurs first, and each succeeding year thereafter, the Board of Education shall submit to the appropriate congressional committees, the Mayor, the District of Columbia Council, the Consensus Commission, and the Authority, a revised appropriated funds operating budget for the District of Columbia public school system for such fiscal year that is consistent with the total amount appropriated in an Act making appropriations for the District of Columbia for such fiscal year and that realigns budgeted data for personal services and other than personal services, with anticipated actual expenditures. (b) SUBMISSION.-The revised budget required by subsection (a) shall be submitted in the format of the budget that the Board of Education submits to the Mayor for inclusion in the Mayor's budget submission to the District of Columbia Council pursuant to section 442 of the District of Columbia SelfGovernment and Governmental Reorganization Act, Public Law 93-198 (D.C. Code, sec. 47-301). SEC. 2754. ACCESS TO FISCAL AND STAFFING DATA. (a) IN GENERAL.-The budget, financial-accounting, personnel, payroll, procurement, and management information systems of the District of Columbia public schools shall be coordinated and interface with related systems of the District of Columbia Government. (b) ACCESS.-The Board of Education shall provide read-only access to its internal financial management systems and all other data bases to designated staff of the Mayor, the Council, the Authority, and appropriate congressional committees. SEC. 2755. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET REQUEST. (a) IN GENERAL.-The Board of Education shall develop its fiscal year 1997 gross operating budget and its fiscal year 1997 appropriated funds budget request in accordance with this section. (b) FISCAL YEAR 1996 BUDGET REVISION.Not later than February 15, 1996, the Board of Education shall develop, approve, and submit to the Mayor, the District of Columbia Council, the Authority, and appropriate congressional committees, a revised fiscal year 1996 gross operating budget that reflects the amount appropriated in the District of Columbia Appropriations Act, 1996, and which (1) is broken out on the basis of appropriated funds and nonappropriated funds, control center, responsibility center, agency reporting code, object class, and object; and (2) indicates by position title, grade, and agency reporting code, all staff allocated to each District of Columbia public school as of October 15, 1995, and indicates on an object class basis all other-than-personal-services financial resources allocated to each school. (c) ZERO-BASE BUDGET.-For fiscal year 1997, the Board of Education shall build its gross operating budget and appropriated funds request from a zero-base, starting from the local school level through the central office level. SCHOOL-BY-SCHOOL (d) BUDGETS. The Board of Education's initial fiscal year 1997 gross operating budget and appropriated funds budget request submitted to the Mayor, the District of Columbia Council, and the Authority shall contain school-by-school budgets and shall also (1) be broken out on the basis of appropriated funds and nonappropriated funds, control center, responsibility center, agency reporting code, object class, and object; (2) indicate by position title, grade, and agency reporting code all staff budgeted for each District of Columbia public school, and indicate on an object class basis all otherthan-personal-services financial resources allocated to each school; and (3) indicate the amount and reason for all changes made to the initial fiscal year 1997 gross operating budget and appropriated funds request from the revised fiscal year 1996 gross operating budget required by subsection (b). SEC. 2756. TECHNICAL AMENDMENTS. Section 1120A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6322) is amended (1) in subsection (b)(1), by (A) striking "(A) Except as provided in subparagraph (B), a State" and inserting "A State"; and (B) striking subparagraph (B); and (2) by adding at the end thereof the following new subsection: "(d) EXCLUSION OF FUNDS.-For the purpose of complying with subsections (b) and (c), a State or local educational agency may exclude supplemental State or local funds expended in any school attendance area or school for programs that meet the intent and purposes of this part.". Subtitle K-Personal Accountability and Preservation of School-Based Resources SEC. 2801. PRESERVATION OF SCHOOL-BASED STAFF POSITIONS. (a) RESTRICTIONS ON REDUCTIONS OF SCHOOL-BASED EMPLOYEES. To the extent that a reduction in the number of full-time equivalent positions for the District of Columbia public schools is required to remain within the number of full-time equivalent positions established for the public schools in appropriations Acts, no reductions shall be made from the full-time equivalent positions for school-based teachers, principals, counselors, librarians, or other school-based educational positions that were established as of the end of fiscal year 1995, unless the Authority makes a determination based on student enrollment that— (1) fewer school-based positions are needed to maintain established pupil-to-staff ratios; or (2) reductions in positions for other than school-based employees are not practicable. (b) DEFINITION.-The term "school-based educational position" means a position located at a District of Columbia public school or other position providing direct support to students at such a school, including a position for a clerical, stenographic, or secretarial employee, but not including any parttime educational aide position. SEC. 2802. MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN-FORCE PROCEDURES. The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.) is amended— (1) in section 301 (D.C. Code, sec. 1.603.1)— (A) by inserting after paragraph (13), the following new paragraph: "(13A) The term 'nonschool-based personnel' means any employee of the District of Columbia public schools who is not based at a local school or who does not provide direct services to individual students."; and (B) by inserting after paragraph (15), the following new paragraph: "(15A) The term 'school administrators' means principals, assistant principals, school program directors, coordinators, instructional supervisors, and support personnel of the District of Columbia public schools.": (2) in section 801A(b)(2) (D.C. Code, sec. 1609.1(b)(2)(L)— (A) by striking "(L) reduction-in-force" and inserting "(L)(i) reduction-in-force"; and (B) by inserting after subparagraph (L)(i), the following new clause: "(ii) Notwithstanding any other provision of law, the Board of Education shall not issue rules that require or permit nonschoolbased personnel or school administrators to be assigned or reassigned to the same competitive level as classroom teachers;"; and (3) in section 2402 (D.C. Code, sec. 1-625.2), by adding at the end the following new subsection: "(f) Notwithstanding any other provision of law, the Board of Education shall not require or permit nonschool-based personnel or school administrators to be assigned or reassigned to the same competitive level as classroom teachers.". SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUATIONS. Notwithstanding any other provision of law, rule, or regulation, the evaluation process and instruments for evaluating District of Columbia public school employees shall be a nonnegotiable item for collective bargaining purposes. SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC SCHOOL EMPLOYEES. (a) IN any other provision of law, rule, or regulation, an employee of a District of Columbia public school shall be GENERAL.-Notwithstanding (1) classified as an educational service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) SCHOOL-BASED PERSONNEL.-Schoolbased personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with schoolbased personnel for retention purposes. Subtitle L-Establishment and Organization of the Commission on Consensus Reform in the District of Columbia Public Schools SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS. (a) ESTABLISHMENT.— (1) IN GENERAL.-There is established within the District of Columbia Government a Commission on Consensus Reform in the District of Columbia Public Schools, consisting of 7 members to be appointed in accordance with paragraph (2). (2) MEMBERSHIP.-The Consensus Commission shall consist of the following members: (A) 1 member to be appointed by the President chosen from a list of 3 proposed members submitted by the Majority Leader of the Senate. (B) 1 member to be appointed by the President chosen from a list of 3 proposed mem bers submitted by the Speaker of the House of Representatives. (C) 2 members to be appointed by the President, of which 1 shall represent the local business community and 1 of which shall be a teacher in a District of Columbia public school. (D) The President of the District of Columbia Congress of Parents and Teachers. (E) The President of the Board of Education. (F) The Superintendent. (G) The Mayor and District of Columbia Council Chairman shall each name 1 nonvoting ex officio member. (H) The Chief of the National Guard Bureau who shall be an ex officio member. (3) TERMS OF SERVICE. The members of the Consensus Commission shall serve for a term of 3 years. (4) VACANCIES.-Any vacancy in the membership of the Consensus Commission shall be filled by the appointment of a new member in the same manner as provided for the vacated membership. A member appointed under this paragraph shall serve the remaining term of the vacated membership. (5) QUALIFICATIONS.-Members of the Consensus Commission appointed under subparagraphs (A), (B), and (C) of paragraph (2) shall be residents of the District of Columbia and shall have a knowledge of public education in the District of Columbia. (6) CHAIR.-The Chair of the Consensus Commission shall be chosen by the Consensus Commission from among its members, except that the President of the Board of Education and the Superintendent shall not be eligible to serve as Chair. (7) NO COMPENSATION FOR SERVICE.-Members of the Consensus Commission shall serve without pay, but may receive reimbursement for any reasonable and necessary expenses incurred by reason of service on the Consensus Commission. (b) EXECUTIVE DIRECTOR.-The Consensus Commission shall have an Executive Director who shall be appointed by the Chair with the consent of the Consensus Commission. The Executive Director shall be paid at a rate determined by the Consensus Commission, except that such rate may not exceed the highest rate of pay payable for level EG16 of the Educational Service of the District of Columbia. (c) STAFF. With the approval of the Chair and the Authority, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers appropriate, except that no individual appointed by the Executive Director may be paid at a rate greater than the rate of pay for the Executive Director. (d) SPECIAL RULE.-The Board of Education, or the Authority, shall reprogram such funds, as the Chair of the Consensus Commission shall in writing request, from amounts available to the Board of Education. SEC. 2852. PRIMARY PURPOSE AND FINDINGS. (a) PURPOSE.-The primary purpose of the Consensus Commission is to assist in developing a long-term reform plan that has the support of the District of Columbia community through the participation of representatives of various critical segments of such community in helping to develop and approve the plan. (b) FINDINGS.-The Congress finds that— (1) experience has shown that the failure of the District of Columbia educational system has been due more to the failure to implement a plan than the failure to develop a plan; (2) national studies indicate that 50 percent of secondary school graduates lack basic literacy skills, and over 30 percent of the 7th grade students in the District of Co lumbia public schools drop out of school before graduating: (3) standard student assessments indicate only average performance for grade level and fail to identify individual students who lack basic skills, allowing too many students to graduate lacking these basic skills and diminishing the worth of a diploma; (4) experience has shown that successful schools have good community, parent, and business involvement; (5) experience has shown that reducing dropout rates in the critical middle and secondary school years requires individual student involvement and attention through such activities as arts or athletics; and (6) experience has shown that close coordination between educators and business persons is required to provide noncollege-bound students the skills necessary for employment, and that personal attention is vitally important to assist each student in developing an appropriate career path. SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COMMISSION. (a) PRIMARY RESPONSIBILITY.-The Board of Education and the Superintendent shall have primary responsibility for developing and implementing the long-term reform plan for education in the District of Columbia. (b) DUTIES.-The Consensus Commission shall (1) identify any obstacles to implementation of the long-term reform plan and suggest ways to remove such obstacles; (2) assist in developing programs that(A) ensure every student in a District of Columbia public school achieves basic literacy skills; (B) ensure every such student possesses the knowledge and skills necessary to think critically and communicate effectively by the completion of grade 8; and (C) lower the dropout rate in the District of Columbia public schools; (3) assist in developing districtwide assessments, including individual assessments, that identify District of Columbia public school students who lack basic literacy skills, with particular attention being given to grade 4 and the middle school years, and establish procedures to ensure that a teacher is made accountable for the performance of every such student in such teacher's class; (4) make recommendations to improve community, parent, and business involvement in District of Columbia public schools and public charter schools; (5) assess opportunities in the District of Columbia to increase individual student involvement and attention through such activities as arts or athletics, and make recommendations on how to increase such involvement; and (6) assist in the establishment of procedures that ensure every District of Columbia public school student is provided the skills necessary for employment, including the development of individual career paths. (c) POWERS.-The Consensus Commission shall have the following powers: (1) To monitor and comment on the development and implementation of the longterm reform plan. (2) To exercise its authority, as provided in this subtitle, as necessary to facilitate implementation of the long-term reform plan. (3) To review and comment on the budgets of the Board of Education, the District of Columbia public schools and public charter schools. (4) To recommend rules concerning the management and direction of the Board of Education that address obstacles to the development or implementation of the longterm reform plan. (5) To review and comment on the core curriculum for kindergarten through grade 12 developed under subtitle D. (6) To review and comment on a core curriculum for prekindergarten, vocational and technical training, and adult education. (7) To review and comment on all other educational programs carried out by the Board of Education and public charter schools. (8) To review and comment on the districtwide assessments for for measuring student achievement in the core curriculum developed under subtitle D. (9) To review and comment on the model professional development programs for teachers using the core curriculum developed under subtitle D. (d) LIMITATIONS. (1) IN GENERAL.-Except as otherwise provided in this subtitle, the Consensus Commission shall have no powers to involve itself in the management or operation of the Board of Education with respect to the implementation of the long-term reform plan. (2) SPECIAL RULE.-If the Consensus Commission determines that the Board of Education has failed to take an action necessary to develop or implement the long-term reform plan or that the Board of Education is unable to do so, the Consensus Commission shall request the Authority to take appropriate action, and the Authority shall take such action as the Authority deems appropriate, to develop or implement, as the case may be, the long-term reform plan. SEC. 2854. IMPROVING ORDER AND DISCIPLINE. (a) COMMUNITY SERVICE REQUIREMENT FOR SUSPENDED STUDENTS. (1) IN GENERAL.-Any student suspended from classes at a District of Columbia public school who is required to serve the suspension outside the school shall perform community service for the period of suspension. The community service required by this subsection shall be subject to rules and regulations promulgated by the Mayor. (2) EFFECTIVE DATE.-This subsection shall take effect on the first day of the 1996-1997 academic year. (b) EXPIRATION DATE.-This section, and sections 2101(b)(1)(K) and 2851(a)(2)(H), shall cease to be effective on the last day of the 1997-1998 academic year. (c) REPORT.-The Consensus Commission shall study the effectiveness of the policies implemented pursuant to this section in improving order and discipline in District of Columbia public schools and report its findings to the appropriate congressional committees not later than 60 days prior to the last day of the 1997-1998 academic year. SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS. (a) IN GENERAL.-The Consensus Commission may examine and request the Inspector General of the District of Columbia or the Authority to audit the records of the Board of Education to ensure, monitor, and evaluate the performance of the Board of Education with respect to compliance with the long-term reform plan and such plan's overall educational achievement. The Consensus Commission shall conduct an annual review of the educational performance of the Board of Education with respect to meeting the goals of such plan for such year. The Board of Education shall cooperate and assist in the review or audit as requested by the Consensus Commission. (b) AUDIT.-The Consensus Commission may examine and request the Inspector General of the District of Columbia or the Authority to audit the records of any public charter school to assure, monitor, and evaluate the performance of the public charter school with respect to the content standards and districtwide assessments described in section 2411(b). The Consensus Commission shall receive a copy of each public charter school's annual report. SEC. 2856. INVESTIGATIVE POWERS. The Consensus Commission may investigate any action or activity which may hinder the progress of any part of the longterm reform plan. The Board of Education shall cooperate and assist the Consensus Commission in any investigation. Reports of the findings of any such investigation shall be provided to the Board of Education, the Superintendent, the Mayor, the District of Columbia Council, the Authority, and the appropriate congressional committees. SEC. 2857. RECOMMENDATIONS OF THE CON SENSUS COMMISSION. (a) IN GENERAL.-The Consensus Commission may at any time submit recommendations to the Board of Education, the Mayor, the District of Columbia Council, the Authority, the Board of Trustees of any public charter school and the Congress with respect to actions the District of Columbia Government or the Federal Government should take to ensure implementation of the long-term reform plan. (b) AUTHORITY ACTIONS.-Pursuant to the District of Columbia Financial Responsibility and Management Assistance Act of 1995 or upon the recommendation of the Consensus Commission, the Authority may take whatever actions the Authority deems necessary to ensure the implementation of the long-term reform plan. SEC. 2858. EXPIRATION DATE. Except as otherwise provided in this subtitle, this subtitle shall be effective during the period beginning on the date of enactment of this Act and ending 7 years after such date. Subtitle M-Parent Attendance at ParentTeacher Conferences (2) the term "Corporation" means the District of Columbia Scholarship Corporation established under section 2922(a); (3) the term "eligible institution”— (A) in the case of an eligible institution serving a student who receives a tuition scholarship under section 2923(d)(1), means a private or independent elementary or secondary school; and (B) in the case of an eligible institution serving a student who receives an enhanced achievement scholarship under section 2923(d)(2), means an elementary or secondary school, or an entity that provides services to a student enrolled in an elementary or secondary school to enhance such student's achievement through activities described in section 2923(d)(2); and (4) the term "poverty line" means the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. SEC. 2922. DISTRICT OF COLUMBIA SCHOLARSHIP CORPORATION. (a) GENERAL REQUIREMENTS. (1) IN GENERAL.-There is authorized to be established a private, nonprofit corporation, to be known as the "District of Columbia Scholarship Corporation", which is neither an agency nor establishment of the United States Government or the District of Columbia Government. (2) DUTIES.-The Corporation shall have the responsibility and authority to administer, publicize, and evaluate the scholarship program in accordance with this subtitle, and to determine student and school eligibility for participation in such program. (3) CONSULTATION.-The Corporation shall exercise its authority (A) in a manner consistent with maximizing educational opportunities for the maximum number of interested families; and (B) in consultation with the Board of Education, the Superintendent, the Consensus Commission, and other school scholarship programs in the District of Columbia. (4) APPLICATION OF PROVISIONS.-The Corporation shall be subject to the provisions of this subtitle, and, to the extent consistent with this subtitle, to the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et seq.). (5) RESIDENCE.-The Corporation shall have its place of business in the District of Columbia and shall be considered, for purposes of venue in civil actions, to be a resident of the District of Columbia. (6) FUND.-There is hereby established in the District of Columbia general fund a fund that shall be known as the "District of Columbia Scholarship Fund". (7) DISBURSEMENT.-The Mayor shall disburse to the Corporation, before October 15 of each fiscal year or not later than 15 days after the date of enactment of an Act making appropriations for the District of Columbia for such year, whichever occurs later, such funds as have been appropriated to the District of Columbia Scholarship Fund for the fiscal year for which such disbursement is made. (8) AVAILABILITY.-Funds authorized to be appropriated under this subtitle shall remain available until expended. (9) USES. Funds authorized to be appropriated under this subtitle shall be used by the Corporation in a prudent and financially responsible manner, solely for scholarships, contracts, and administrative costs. (10) AUTHORIZATION.— (A) IN GENERAL.-There are authorized to be appropriated to the District of Columbia Scholarship Fund (i) $5,000,000 for fiscal year 1996; (ii) $7,000,000 for fiscal year 1997; and (iii) $10,000,000 for each of fiscal years 1998 through 2000. (B) LIMITATION.-Not more than $250,000 of the amount appropriated to carry out this subtitle for any fiscal year may be used by the Corporation for any purpose other than assistance to students. (b) ORGANIZATION AND MANAGEMENT; BOARD OF DIRECTORS. (1) BOARD OF DIRECTORS; MEMBERSHIP.— (A) IN GENERAL.-The Corporation shall have a Board of Directors comprised of 7 members, with 6 members of the Board appointed by the President not later than 30 days after receipt of nominations from the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate. (B) HOUSE NOMINATIONS.-The President shall appoint 2 members of the Board from a list of at least 6 individuals nominated by the Speaker of the House of Representatives, and 1 member of the Board from a list of at least 3 individuals nominated by the Minority Leader of the House of Representatives. (C) SENATE NOMINATIONS.-The President shall appoint 2 members of the Board from a list of at least 6 individuals nominated by the Majority Leader of the Senate, and 1 member of the Board from a list of at least 3 individuals nominated by the Minority Leader of the Senate. (D) DEADLINE.-The Speaker and Minority Leader of the House of Representatives and Majority Leader and Minority Leader of the Senate shall submit their nominations to the President not later than 30 days after the date of the enactment of this Act. (E) APPOINTEE OF MAYOR.-The Mayor shall appoint 1 member of the Board not later than 60 days after the date of the enactment of this Act. (F) POSSIBLE INTERIM MEMBERS.-If the President does not appoint the 6 members of the Board in the 30-day period described in subparagraph (A), then the Speaker of the House of Representatives and the Majority Leader of the Senate shall each appoint 2 members of the Board, and the Minority Leader of the House of Representatives and the Minority Leader of the Senate shall each appoint 1 of the Board, from among the individuals nominated pursuant to subparagraphs (A) and (B), as the case may be. The appointees under the preceding sentence together with the appointee of the Mayor, shall serve as an interim Board with all the powers and other duties of the Board described in this subtitle, until the President makes the appointments as described in this subsection. (2) POWERS.-All powers of the Corporation shall vest in and be exercised under the authority of the Board. (3) ELECTIONS.-Members of the Board annually shall elect 1 of the members of the Board to be chairperson of the Board. (4) RESIDENCY.-All members appointed to the Board shall be residents of the District of Columbia at the time of appointment and while serving on the Board. (5) NONEMPLOYEE.-No member of the Board may be an employee of the United States Government or the District of Columbia Government when appointed to or during tenure on the Board, unless the individual is on a leave of absence from such a position while serving on the Board. (6) INCORPORATION.-The members of the initial Board shall serve as incorporators and shall take whatever steps are necessary to establish the Corporation under the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et seq.). (7) GENERAL TERM.-The term of office of each member of the Board shall be 5 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed shall be appointed for the remainder of such term. (8) CONSECUTIVE TERM.-No member of the Board shall be eligible to serve in excess of 2 consecutive terms of 5 years each. A partial term shall be considered as 1 full term. Any vacancy on the Board shall not affect the Board's power, but shall be filled in a manner consistent with this subtitle. (9) NO BENEFIT.-No part of the income or assets of the Corporation shall inure to the benefit of any Director, officer, or employee of the Corporation, except as salary or reasonable compensation for services. (10) POLITICAL ACTIVITY.-The Corporation may not contribute to or otherwise support any political party or candidate for elective public office. (11) NO OFFICERS OR EMPLOYEES.-The members of the Board shall not, by reason of such membership, be considered to be officers or employees of the United States Government or of the District of Columbia Government. (12) STIPENDS.-The members of the Board, while attending meetings of the Board or while engaged in duties related to such meetings or other activities of the Board pursuant to this subtitle, shall be provided a stipend. Such stipend shall be at the rate of $150 per day for which the member of the Board is is officially recorded as having worked, except that no member may be paid a total stipend amount in any calendar year in excess of $5,000. (13) CONGRESSIONAL INTENT.-Subject to the results of the program appraisal under section 2933, it is the intention of the Congress to turn over to District of Columbia officials the control of the Board at the end of the 5year period beginning on the date of enactment of this Act, under terms and conditions to be determined at that time. (c) OFFICERS AND STAFF. (1) EXECUTIVE DIRECTOR.-The Corporation shall have an Executive Director, and such other staff, as may be appointed by the Board for terms and at rates of compensation, not to exceed level EG-16 of the Educational Service of the District of Columbia, to be fixed by the Board . (2) STAFF. With the approval of the Board, the Executive Director may appoint and fix the salary of such additional personnel as the Executive Director considers appropriate. (3) ANNUAL RATE.-No staff of the Corporation may be compensated by the Corporation at an annual rate of pay greater than the annual rate of pay of the Executive Director. (4) SERVICE. All officers and employees of the Corporation shall serve at the pleasure of the Board. (5) QUALIFICATION.-No political test or qualification may be used in selecting, appointing, promoting, or taking other personnel actions with respect to officers, agents, or employees of the Corporation. (d) POWERS OF THE CORPORATION.— (1) GENERALLY.-The Corporation is authorized to obtain grants from, and make contracts with, individuals and with private, State, and Federal agencies, organizations, and institutions. (2) HIRING AUTHORITY.-The Corporation may hire, or accept the voluntary services of, consultants, experts, advisory boards, and panels to aid the Corporation in carrying out this subtitle. (e) FINANCIAL MANAGEMENT AND RECORDS.— (1) AUDITS.-The financial statements of the Corporation shall be (A) maintained in accordance with generally accepted accounting principles for nonprofit corporations; and (B) audited annually by independent certified public accountants. (2) REPORT.-The report for each such audit shall be included in the annual report to Congress required by section 2933(c). SEC. 2923. SCHOLARSHIPS AUTHORIZED. (a) ELIGIBLE STUDENTS.-The Corporation is authorized to award tuition scholarships under subsection (d)(1) and enhanced achievement scholarships under subsection (d)(2) to students in kindergarten through grade 12 (1) who are residents of the District of Columbia; and (2) whose family income does not exceed 185 percent of the poverty line. (b) SCHOLARSHIP PRIORITY.— (1) FIRST.-The Corporation shall first award scholarships to students described in subsection (a) who— (A) are enrolled in a District of Columbia public school or preparing to enter a District of Columbia kindergarten, except that this subparagraph shall apply only for academic years 1996, 1997, and 1998; or (B) have received a scholarship from the Corporation in the year preceding the year for which the scholarship is awarded. (2) SECOND.-If funds remain for a fiscal year for awarding scholarships after awarding scholarships under paragraph (1), the Corporation shall award scholarships to students described in subsection (a) who are not described in paragraph (1). (c) SPECIAL RULE.-The Corporation shall attempt to ensure an equitable distribution of scholarship funds to students at diverse academic achievement levels. (d) USE OF SCHOLARSHIP. (1) TUITION SCHOLARSHIPS.-A tuition scholarship may be used only for the payment of the cost of the tuition and mandatory fees for, and transportation to attend, an eligible institution located within the geographic boundaries of the District of Columbia. (2) ENHANCED ACHIEVEMENT SCHOLARSHIP.An enhanced achievement scholarship may be used only for the payment of— (A) the costs of tuition and mandatory fees for, and transportation to attend, a program of nonsectarian instruction provided by an eligible institution which enhances student achievement of the core curriculum and is operated outside of regular school hours to supplement the regular school program; (B) the costs of tuition and mandatory fees for, and transportation to attend, afterschool activities that do not have an academic focus, such as athletics or music lessons; or (C) the costs of tuition and mandatory fees for, and transportation to attend, vocational, vocational-technical, and technical training programs. (e) NOT SCHOOL AID.-A scholarship under this subtitle shall be considered assistance to the student and shall not be considered assistance to an eligible institution. SEC. 2924. SCHOLARSHIP PAYMENTS AND AMOUNTS. (a) AWARDS.-From the funds made available under this subtitle, the Corporation shall award a scholarship to a student and make payments in accordance with section 2930 on behalf of such student to a participating eligible institution chosen by the parent of the student. (b) NOTIFICATION.-Each eligible institution that desires to receive payment under subsection (a) shall notify the Corporation not later than 10 days after (1) the date that a student receiving a scholarship under this subtitle is enrolled, of the name, address, and grade level of such student; (2) the date of the withdrawal or expulsion of any student receiving a scholarship under this subtitle, of the withdrawal or expulsion; and (3) the date that a student receiving a scholarship under this subtitle is refused admission, of the reasons for such a refusal. (c) TUITION SCHOLARSHIP.— (1) EQUAL TO OR BELOW POVERTY LINE.-For a student whose family income is equal to or below the poverty line, a tuition scholarship may not exceed the lesser of (A) the cost of tuition and mandatory fees for, and transportation to attend, an eligible institution; or (B) $3,000 for fiscal year 1996, with such amount adjusted in proportion to changes in the Consumer Price Index for all urban consumers published by the Department of Labor for each of fiscal years 1997 through 2000. (2) ABOVE POVERTY LINE. For a student whose family income is greater than the poverty line, but not more than 185 percent of the poverty line, a tuition scholarship may not exceed the lesser of (A) 50 percent of the cost of tuition and mandatory fees for, and transportation to attend, an eligible institution; or (B) $1,500 for fiscal year 1996, with such amount adjusted in proportion to changes in the Consumer Price Index for all urban consumers published by the Department of Labor for each of fiscal years 1997 through 2000. (d) ENHANCED ACHIEVEMENT SCHOLARSHIP.— (1) EQUAL TO OR BELOW POVERTY LINE.-For a student whose family income is equal to or below the poverty line, an enhanced achievement scholarship may not exceed the lesser of (A) the costs of tuition and mandatory fees for, and transportation to attend, a program of nonsectarian instruction at an eligible institution; or (B) $1,500 for 1996, with such amount adjusted in proportion to changes in the Consumer Price Index for all urban consumers published by the Department of Labor for each of fiscal years 1997 through 2000. (2) ABOVE POVERTY LINE. For a student whose family income is greater than the poverty line, but not more than 185 percent of the poverty line, an enhanced achievement scholarship may not exceed the lesser of (A) 50 percent of the costs of tuition and mandatory fees for, and transportation to attend, a program of nonsectarian instruction at an eligible institution; or (B) $750 for fiscal year 1996 with such amount adjusted in proportion to changes in the Consumer Price Index for all urban consumers published by the Department of Labor for each of fiscal years 1997 through 2000. (e) ALLOCATION OF FUNDS.— (1) FEDERAL FUNDS.— (A) PLAN.-The Corporation shall submit to the District of Columbia Council a proposed allocation plan for the allocation of Federal funds between the tuition scholarships under section 2923(d)(1) and enhanced achievement scholarships under section 2923(d)(2). (B) CONSIDERATION.-Not later than 30 days after receipt of each such plan, the District of Columbia Council shall consider such proposed allocation plan and notify the Corporation in writing of its decision to approve or disapprove such allocation plan. (C) OBJECTIONS.-In the case of a vote of disapproval of such allocation plan, the District of Columbia Council shall provide in writing the District of Columbia Council's objections to such allocation plan. (D) RESUBMISSION.-The Corporation may submit a revised allocation plan for consideration to the District of Columbia Council. (E) PROHIBITION.-No Federal funds provided under this subtitle may be used for any scholarship until the District of Columbia Council has approved the allocation plan for the Corporation. (2) PRIVATE FUNDS.-The Corporation shall annually allocate unrestricted private funds equitably, as determined by the Board, for scholarships under paragraph (1) and (2) of section 2923(d), after consultation with the public, the Mayor, the District of Columbia Council, the Board of Education, the Superintendent, and the Consensus Commission. SEC. 2925. CERTIFICATION OF ELIGIBLE INSTITUTIONS. (a) APPLICATION.-An eligible institution that desires to receive a payment on behalf of a student who receives a scholarship under this subtitle shall file an application with the Corporation for certification for participation in the scholarship program under this subtitle. Each such application shall (1) demonstrate that the eligible institution has operated with not less than 25 students during the 3 years preceding the year for which the determination is made unless the eligible institution is applying for certification as a new eligible institution under subsection (c); (2) contain an assurance that the eligible institution will comply with all applicable requirements of this subtitle; (3) provide the most recent audit of the financial statements of the eligible institution by an independent certified public accountant using generally accepted auditing standards, completed not earlier than 3 years before the date such application is filed; |