article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997''. SEC. 2. DEFINITIONS. Section 6003 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in the section heading by striking ``definition'' and inserting ``definitions''; (2) by striking ``(1)'', ``(2)'', and ``(3)''; (3) in the matter proceeding subparagraph (A), by striking `` title the term'' and inserting the following: ``title-- ``(1) the term''; (4) by striking the period at the end; and (5) by adding at the end the following: ``(2) the term `poverty line' means the 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; and ``(3) the term `voluntary public and private parental choice program' means a program that meets the requirements of section 6301(b)(9), is authorized by State law, and includes 1 or more private schools to allow low-income parents to choose the appropriate school for their children.''. SEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. Section 6102(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``(a) Distribution Rule.-- ``(1) In general.--Except as provided in paragraph (2), from the sums made available each year to carry out this title, the State educational agency shall distribute not less than 90 percent to local educational agencies within such State according to the relative enrollments in public and private, nonprofit schools within the school districts of such agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per pupil allocations to local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as-- ``(A) children living in areas with high concentrations of low-income families; ``(B) children from low-income families; and ``(C) children living in sparsely populated areas. ``(2) Exception.--A State that has enacted or will enact a law that establishes a voluntary public and private parental choice program and that complies with the provisions of section 6301(b)(9) may reserve an additional 15 percent from the sums made available each year to carry out this title if the additional amount reserved is used exclusively for voluntary public and private parental choice programs.''. SEC. 4. USES OF FUNDS. (a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) by inserting after subparagraph (C) the following: ``(D) establishing voluntary public and private parental choice programs in accordance with section 6301(b)(9); and''. (b) Local Uses of Funds.--Section 6301(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (7), by striking ``and'' after the semicolon; (2) in paragraph (8), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (8) the following: ``(9) voluntary public and private parental choice programs that-- ``(A) are located in an area that has the greatest numbers or percentages of children-- ``(i) living in areas with a high concentration of low-income families; ``(ii) from low-income families; or ``(iii) living in sparsely populated areas; ``(B) ensure that participation in such a voluntary public and private parental choice program is limited to families whose family income does not exceed 185 percent of the poverty line; ``(C) ensure that-- ``(i) the maximum amount of a voluntary public and private parental choice scholarship does not exceed the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides; ``(ii) the minimum amount of a voluntary public and private parental choice scholarship is not less than 60 percent of the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides or the cost of tuition at a private school, whichever is less; ``(D) ensure that for a private school that chooses to participate in a voluntary public and private parental choice program-- ``(i) such a school is permitted to impose the same academic requirements for all students, including students selected for a scholarship as provided under this paragraph; ``(ii) receipt of funds under this title is not conditioned with requirements or regulations that preclude the use of such funds for sectarian educational purposes or require removal of religious art, icons, scripture, or other symbols; and ``(iii) such a school is in compliance with all State requirements applicable to the operation of a private school that are in effect in the year preceding the date of the enactment of the Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997; ``(E) may allow State, local, and private funds to be used for voluntary public and private parental choice programs; and ``(F) ensure priority for students who were enrolled in a public school in the school year preceding the school year in which a voluntary public and private parental choice school begins operation.''. SEC. 5. EVALUATION. Part D of title VI of the Elementary and Secondary Education Act of 1965 is amended-- (1) by adding at the end of section 6402 the following new subsection: ``(j) Application.--This section shall not apply to a State or local educational agency that uses funds to establish a voluntary public and private parental choice program in accordance with section 6301(b)(9).''; and (2) by adding at the end of such part the following new sections: ``SEC. 6404. EVALUATION. ``(a) Annual Evaluation.-- ``(1) Contract.--The Comptroller General of the United States shall enter into a contract, with an evaluating agency that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs established under section 6301(b)(9). ``(2) Annual evaluation requirement.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to evaluate annually each program established under section 6301(b)(9) in accordance with the evaluation criteria described in subsection (b). ``(3) Transmission.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to transmit to the Comptroller General of the United States the findings of each annual evaluation under paragraph (1). ``(b) Evaluation Criteria.--The Comptroller General of the United States, in consultation with the Secretary, shall establish minimum criteria for evaluating each program established under section 6301(b)(9). Such criteria shall provide for-- ``(1) a description of the implementation of each program established under section 6301(b)(9) and the program's effects on all participants, schools, and communities in the program area, with particular attention given to the effect of parent participation in the life of the school and the level of parental satisfaction with the program; and ``(2) a comparison of the educational achievement of all students in the program area, including a comparison between-- ``(A) students receiving a voluntary public and private parental choice scholarships under section 6301(b)(9); and ``(B) students not receiving a voluntary public and private parental choice scholarships under such section. ``(c) Evaluation Funds.--Pursuant to the authority provided under section 14701, the Secretary shall reserve not more than 0.50 percent of the amount of funds made available under section 6002 to carry out this section. ``SEC. 6405. APPLICABILITY. ``(a) Not School Aid.--Subject to subsection (b), funds used under this title to establish a voluntary public and private parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. ``(b) Not Income.--For purposes of Federal tax laws or for determining eligibility for any other Federal program, a voluntary public and private parental choice scholarship provided under this title shall not be treated as income or assistance to the student or the parents of such student. ``(c) No Federal Control.--The Secretary is not permitted to exercise any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a voluntary public and private choice program established under 6309(b)(9).''.
summary: Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies, except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies based on criteria which gives priority to low-income families and areas. Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. Provides that, for purposes of Federal tax laws or for determining eligibility for any other Federal program, a parental choice scholarship shall not be treated as income or assistance to the student or parents.