Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB487 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 487
55 To expand opportunity through greater choice in education, and for other
66 purposes.
77 IN THE SENATE OF THE UNITED STATES
88 FEBRUARY6 (legislative day, FEBRUARY5), 2025
99 Mr. S
1010 COTTof South Carolina (for himself and Mr. WICKER) introduced the
1111 following bill; which was read twice and referred to the Committee on
1212 Health, Education, Labor, and Pensions
1313 A BILL
1414 To expand opportunity through greater choice in education,
1515 and for other purposes.
1616 Be it enacted by the Senate and House of Representa-1
1717 tives of the United States of America in Congress assembled, 2
1818 SECTION 1. SHORT TITLE. 3
1919 This Act may be cited as the ‘‘Creating Hope and 4
2020 Opportunity for Individuals and Communities through 5
2121 Education Act’’ or the ‘‘CHOICE Act’’. 6
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2525 TITLE I—IMPROVING THE 1
2626 SCHOLARSHIPS FOR OPPOR-2
2727 TUNITY AND RESULTS ACT 3
2828 SEC. 101. PURPOSE. 4
2929 The purpose of this title is to amend the Scholarships 5
3030 for Opportunity and Results Act (Public Law 112–10, 125 6
3131 Stat. 199) in order to improve provisions concerning op-7
3232 portunity scholarships available for low-income students in 8
3333 the District of Columbia. 9
3434 SEC. 102. IMPROVEMENTS TO THE SCHOLARSHIPS FOR OP-10
3535 PORTUNITY AND RESULTS ACT. 11
3636 Section 3013(4) of the Scholarships for Opportunity 12
3737 and Results Act (sec. 38–1853.13(4), D.C. Official Code) 13
3838 is amended, in the matter preceding subparagraph (A), 14
3939 by inserting ‘‘, is enrolled, or will be enrolled for the next 15
4040 school year, in a public or private elementary school or 16
4141 secondary school,’’ after ‘‘District of Columbia’’. 17
4242 TITLE II—EDUCATION PORT-18
4343 ABILITY FOR INDIVIDUALS 19
4444 WITH DISABILITIES 20
4545 SEC. 201. PURPOSE. 21
4646 The purpose of this title is to provide options to 22
4747 States to innovate and improve the education of children 23
4848 with disabilities by expanding the choices for students and 24
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5252 parents under the Individuals with Disabilities Education 1
5353 Act (20 U.S.C. 1400 et seq.). 2
5454 SEC. 202. AMENDMENTS TO THE INDIVIDUALS WITH DIS-3
5555 ABILITIES EDUCATION ACT. 4
5656 (a) C
5757 HILDRENENROLLED INPRIVATESCHOOLS BY 5
5858 T
5959 HEIRPARENTS.—Section 612(a)(10)(A) of the Individ-6
6060 uals with Disabilities Education Act (20 U.S.C. 7
6161 1412(a)(10)(A)) is amended by adding at the end the fol-8
6262 lowing: 9
6363 ‘‘(viii) P
6464 ARENT OPTION PROGRAM .—If 10
6565 a State has established a program that 11
6666 meets the requirements of section 12
6767 663(c)(11) (whether statewide or in limited 13
6868 areas of the State) and that allows a par-14
6969 ent of a child described in section 15
7070 663(c)(11)(A) to use public funds, or pri-16
7171 vate funds in accordance with section 17
7272 663(c)(11)(B)(ii), to pay some or all of the 18
7373 costs of attendance at a private school— 19
7474 ‘‘(I) funds allocated to the State 20
7575 under section 611 may be used by the 21
7676 State to supplement such public or 22
7777 private funds, if the Federal funds are 23
7878 distributed to parents who make a 24
7979 genuine independent choice as to the 25
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8383 appropriate school for their child, ex-1
8484 cept that in no case shall the amount 2
8585 of Federal funds provided under this 3
8686 subclause to a parent of a child with 4
8787 a disability for a year exceed the total 5
8888 amount of tuition, fees, and transpor-6
8989 tation costs for the child for the year; 7
9090 ‘‘(II) the authorization of a par-8
9191 ent to exercise this option fulfills the 9
9292 State’s obligation under paragraph (1) 10
9393 with respect to the child during the 11
9494 period in which the child is enrolled in 12
9595 the selected school; and 13
9696 ‘‘(III) a selected school accepting 14
9797 such funds shall not be required to 15
9898 carry out any of the requirements of 16
9999 this title with respect to such child.’’. 17
100100 (b) R
101101 ESEARCH ANDINNOVATIONTOIMPROVESERV-18
102102 ICES ANDRESULTS FOR CHILDRENWITHDISABIL-19
103103 ITIES.—Section 663(c) of the Individuals with Disabilities 20
104104 Education Act (20 U.S.C. 1463(c)) is amended— 21
105105 (1) in paragraph (9), by striking ‘‘and’’ after 22
106106 the semicolon; 23
107107 (2) in paragraph (10), by striking the period at 24
108108 the end and inserting ‘‘; and’’; and 25
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112112 (3) by adding at the end the following: 1
113113 ‘‘(11) supporting the post-award planning and 2
114114 design, and the initial implementation (which may 3
115115 include costs for informing the community, acquiring 4
116116 necessary equipment and supplies, and other initial 5
117117 operational costs), during a period of not more than 6
118118 3 years, of State programs that allow the parent of 7
119119 a child with a disability to make a genuine inde-8
120120 pendent choice of the appropriate public or private 9
121121 school for their child, if the program— 10
122122 ‘‘(A) requires that the child be a child who 11
123123 has received an initial evaluation described in 12
124124 section 614(a) and has been identified as a 13
125125 child with a disability, in accordance with part 14
126126 B; 15
127127 ‘‘(B)(i) permits the parent to receive from 16
128128 the State funds to be used to pay some or all 17
129129 of the costs of attendance at the selected school 18
130130 (which may include tuition, fees, and transpor-19
131131 tation costs); or 20
132132 ‘‘(ii) permits persons to receive a State tax 21
133133 credit for donations to an entity that provides 22
134134 funds to parents of eligible students described 23
135135 in subparagraph (A), to be used by the parents 24
136136 to pay some or all of the costs of attendance at 25
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140140 the selected school (which may include tuition, 1
141141 fees, and transportation costs); 2
142142 ‘‘(C) prohibits any school that agrees to 3
143143 participate in the program from discriminating 4
144144 against eligible students on the basis of race, 5
145145 color, national origin, or sex, except that— 6
146146 ‘‘(i) the prohibition of sex discrimina-7
147147 tion shall not apply to a participating 8
148148 school that is operated by, supervised by, 9
149149 controlled by, or connected to a religious 10
150150 organization to the extent that the applica-11
151151 tion of such prohibition is inconsistent with 12
152152 the religious tenets or beliefs of the school; 13
153153 and 14
154154 ‘‘(ii) notwithstanding this subpara-15
155155 graph or any other provision of law, a par-16
156156 ent may choose, and a school may offer, a 17
157157 single-sex school, class, or activity; 18
158158 ‘‘(D) notwithstanding any other provision 19
159159 of law, allows any school participating in the 20
160160 program that is operated by, supervised by, 21
161161 controlled by, or connected to, a religious orga-22
162162 nization to exercise its right in matters of em-23
163163 ployment consistent with title VII of the Civil 24
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167167 Rights Act of 1964 (42 U.S.C. 2000e et seq.), 1
168168 including the exemptions in that title; 2
169169 ‘‘(E) allows a school to participate in the 3
170170 program without, consistent with the First 4
171171 Amendment of the Constitution of the United 5
172172 States— 6
173173 ‘‘(i) necessitating any change in the 7
174174 participating school’s teaching mission; 8
175175 ‘‘(ii) requiring any private partici-9
176176 pating school to remove religious art, 10
177177 icons, scriptures, or other symbols; or 11
178178 ‘‘(iii) precluding any private partici-12
179179 pating school from retaining religious 13
180180 terms in its name, selecting its board 14
181181 members on a religious basis, or including 15
182182 religious references in its mission state-16
183183 ments and other chartering or governing 17
184184 documents; and 18
185185 ‘‘(F) requires a participating school se-19
186186 lected for a child with a disability to be— 20
187187 ‘‘(i) accredited, licensed, or otherwise 21
188188 operating in accordance with State law; 22
189189 and 23
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193193 ‘‘(ii) academically accountable to the 1
194194 parent for meeting the educational needs 2
195195 of the student.’’. 3
196196 TITLE III—MILITARY 4
197197 SCHOLARSHIPS 5
198198 SEC. 301. PURPOSE. 6
199199 The purpose of this title is to ensure high-quality 7
200200 education for children of military personnel who live on 8
201201 military installations and thus have less freedom to exer-9
202202 cise school choice for their children, in order to improve 10
203203 the ability of the Armed Forces to retain such military 11
204204 personnel. 12
205205 SEC. 302. MILITARY SCHOLARSHIP PROGRAM. 13
206206 (a) D
207207 EFINITIONS.—In this section: 14
208208 (1) ESEA
209209 DEFINITIONS.—The terms ‘‘child’’, 15
210210 ‘‘elementary school’’, ‘‘secondary school’’, and ‘‘local 16
211211 educational agency’’ have the meanings given the 17
212212 terms in section 8101 of the Elementary and Sec-18
213213 ondary Education Act of 1965 (20 U.S.C. 7801). 19
214214 (2) E
215215 LIGIBLE MILITARY STUDENT .—The term 20
216216 ‘‘eligible military student’’ means a child who— 21
217217 (A) is a military dependent student; 22
218218 (B) lives on a military installation selected 23
219219 to participate in the program under subsection 24
220220 (b)(2); and 25
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224224 (C) chooses to attend a participating 1
225225 school, rather than a school otherwise assigned 2
226226 to the child. 3
227227 (3) M
228228 ILITARY DEPENDENT STUDENTS .—The 4
229229 term ‘‘military dependent students’’ has the meaning 5
230230 given the term in section 572(e) of the National De-6
231231 fense Authorization Act for Fiscal Year 2006 (20 7
232232 U.S.C. 7703b(e)). 8
233233 (4) P
234234 ARTICIPATING SCHOOL.—The term ‘‘par-9
235235 ticipating school’’ means a public or private elemen-10
236236 tary school or secondary school that— 11
237237 (A) accepts scholarship funds provided 12
238238 under this section on behalf of an eligible mili-13
239239 tary student for the costs of tuition, fees, or 14
240240 transportation of the eligible military student; 15
241241 and 16
242242 (B) is accredited, licensed, or otherwise op-17
243243 erating in accordance with State law. 18
244244 (5) S
245245 ECRETARY.—The term ‘‘Secretary’’ means 19
246246 the Secretary of Defense. 20
247247 (b) P
248248 ROGRAMAUTHORIZED.— 21
249249 (1) I
250250 N GENERAL.—From amounts made avail-22
251251 able under subsection (g) and beginning for the first 23
252252 full school year following the date of enactment of 24
253253 this Act, the Secretary shall carry out a 5-year pilot 25
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257257 program to award scholarships to enable eligible 1
258258 military students to attend the public or private ele-2
259259 mentary schools or secondary schools selected by the 3
260260 eligible military students’ parents. 4
261261 (2) S
262262 COPE OF PROGRAM.— 5
263263 (A) I
264264 N GENERAL.—The Secretary shall se-6
265265 lect not less than 5 military installations to par-7
266266 ticipate in the pilot program described in para-8
267267 graph (1). In making such selection, the Sec-9
268268 retary shall choose military installations where 10
269269 eligible military students would most benefit 11
270270 from expanded educational options. 12
271271 (B) I
272272 NELIGIBILITY.—A military installa-13
273273 tion that provides, on its premises, education 14
274274 for all elementary school and secondary school 15
275275 grade levels through one or more Department 16
276276 of Defense dependents’ schools shall not be eli-17
277277 gible for participation in the program. 18
278278 (3) A
279279 MOUNT OF SCHOLARSHIPS .— 19
280280 (A) I
281281 N GENERAL.—The annual amount of 20
282282 each scholarship awarded to an eligible military 21
283283 student under this section shall not exceed the 22
284284 lesser of— 23
285285 (i) the cost of tuition, fees, and trans-24
286286 portation associated with attending the 25
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290290 participating school selected by the parents 1
291291 of the student; or 2
292292 (ii)(I) in the case of an eligible mili-3
293293 tary student attending elementary school— 4
294294 (aa) $8,000 for the first full 5
295295 school year following the date of en-6
296296 actment of this Act; or 7
297297 (bb) the amount determined 8
298298 under subparagraph (B) for each 9
299299 school year following such first full 10
300300 school year; or 11
301301 (II) in the case of an eligible military 12
302302 student attending secondary school— 13
303303 (aa) $12,000 for the first full 14
304304 school year following the date of en-15
305305 actment of this Act; or 16
306306 (bb) the amount determined 17
307307 under subparagraph (B) for each 18
308308 school year following such first full 19
309309 school year. 20
310310 (B) A
311311 DJUSTMENT FOR INFLATION .—For 21
312312 each school year after the first full school year 22
313313 following the date of enactment of this Act, the 23
314314 amounts specified in subclauses (I) and (II) of 24
315315 subparagraph (A)(ii) shall be adjusted to reflect 25
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319319 changes for the 12-month period ending the 1
320320 preceding June in the Consumer Price Index 2
321321 for All Urban Consumers published by the Bu-3
322322 reau of Labor Statistics of the Department of 4
323323 Labor. 5
324324 (4) P
325325 AYMENTS TO PARENTS .—The Secretary 6
326326 shall make scholarship payments under this section 7
327327 to the parent of the eligible military student in a 8
328328 manner that ensures such payments will be used for 9
329329 the payment of tuition, fees, and transportation ex-10
330330 penses (if any) in accordance with this section. 11
331331 (c) S
332332 ELECTION OFSCHOLARSHIPSRECIPIENTS.— 12
333333 (1) R
334334 ANDOM SELECTION.—If more eligible mili-13
335335 tary students apply for scholarships under the pro-14
336336 gram under this section than the Secretary can ac-15
337337 commodate, the Secretary shall select the scholar-16
338338 ship recipients through a random selection process 17
339339 from students who submitted applications by the ap-18
340340 plication deadline specified by the Secretary. 19
341341 (2) C
342342 ONTINUED ELIGIBILITY.— 20
343343 (A) I
344344 N GENERAL.—An individual who is 21
345345 selected to receive a scholarship under the pro-22
346346 gram under this section shall continue to re-23
347347 ceive a scholarship for each year of the program 24
348348 until the individual— 25
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352352 (i) graduates from secondary school or 1
353353 elects to no longer participate in the pro-2
354354 gram; 3
355355 (ii) exceeds the maximum age for 4
356356 which the State in which the student lives 5
357357 provides a free public education; or 6
358358 (iii) is no longer an eligible military 7
359359 student. 8
360360 (B) C
361361 ONTINUED PARTICIPATION FOR MILI -9
362362 TARY TRANSFERS.— 10
363363 (i) T
364364 RANSFER TO PRIVATE NON -MILI-11
365365 TARY HOUSING .—Notwithstanding sub-12
366366 paragraph (A)(iii), an individual receiving 13
367367 a scholarship under this section for a 14
368368 school year who meets the requirements of 15
369369 subparagraphs (A) and (C) of subsection 16
370370 (a)(2) and whose family, during such 17
371371 school year, moves into private non-mili-18
372372 tary housing that is not considered to be 19
373373 part of the military installation, shall con-20
374374 tinue to receive the scholarship for use at 21
375375 the participating school for the remaining 22
376376 portion of the school year. 23
377377 (ii) T
378378 RANSFER TO A DIFFERENT MILI -24
379379 TARY INSTALLATION .—Notwithstanding 25
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383383 subparagraph (A)(iii), an individual receiv-1
384384 ing a scholarship under this section for a 2
385385 school year whose family is transferred to 3
386386 a different military installation shall no 4
387387 longer be eligible to receive such scholar-5
388388 ship beginning on the date of the transfer. 6
389389 Such individual may apply to participate in 7
390390 any program offered under this section for 8
391391 the new military installation for a subse-9
392392 quent school year, if such individual quali-10
393393 fies as an eligible military student for such 11
394394 school year. 12
395395 (d) N
396396 ONDISCRIMINATION AND OTHERPROVISIONS.— 13
397397 (1) N
398398 ONDISCRIMINATION.—A participating 14
399399 school shall not discriminate against program par-15
400400 ticipants or applicants on the basis of race, color, 16
401401 national origin, or sex. 17
402402 (2) A
403403 PPLICABILITY AND SINGLE -SEX SCHOOLS, 18
404404 CLASSES, OR ACTIVITIES.— 19
405405 (A) I
406406 N GENERAL.—Notwithstanding any 20
407407 other provision of law, the prohibition of sex 21
408408 discrimination in paragraph (1) shall not apply 22
409409 to a participating school that is operated by, su-23
410410 pervised by, controlled by, or connected to a re-24
411411 ligious organization to the extent that the appli-25
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415415 cation of paragraph (1) is inconsistent with the 1
416416 religious tenets or beliefs of the school. 2
417417 (B) S
418418 INGLE-SEX SCHOOLS, CLASSES, OR 3
419419 ACTIVITIES.—Notwithstanding paragraph (1) or 4
420420 any other provision of law, a parent may 5
421421 choose, and a participating school may offer, a 6
422422 single-sex school, class, or activity. 7
423423 (3) C
424424 HILDREN WITH DISABILITIES .—Nothing 8
425425 in this section may be construed to alter or modify 9
426426 the Individuals with Disabilities Education Act (20 10
427427 U.S.C. 1400 et seq.). 11
428428 (4) R
429429 ULES OF CONDUCT AND OTHER SCHOOL 12
430430 POLICIES.—A participating school, including the 13
431431 schools described in subsection (e), may require eli-14
432432 gible students to abide by any rules of conduct and 15
433433 other requirements applicable to all other students 16
434434 at the school. 17
435435 (e) R
436436 ELIGIOUSLYAFFILIATEDSCHOOLS.— 18
437437 (1) I
438438 N GENERAL.—Notwithstanding any other 19
439439 provision of law, a participating school that is oper-20
440440 ated by, supervised by, controlled by, or connected 21
441441 to, a religious organization may exercise its right in 22
442442 matters of employment consistent with title VII of 23
443443 the Civil Rights Act of 1964 (42 U.S.C. 2000e et 24
444444 seq.), including the exemptions in that title. 25
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448448 (2) MAINTENANCE OF PURPOSE .—Notwith-1
449449 standing any other provision of law, funds made 2
450450 available under this title to eligible military students 3
451451 that are received by a participating school, as a re-4
452452 sult of their parents’ choice, shall not, consistent 5
453453 with the First Amendment of the Constitution of the 6
454454 United States— 7
455455 (A) necessitate any change in the partici-8
456456 pating school’s teaching mission; 9
457457 (B) require any private participating 10
458458 school to remove religious art, icons, scriptures, 11
459459 or other symbols; or 12
460460 (C) preclude any private participating 13
461461 school from retaining religious terms in its 14
462462 name, selecting its board members on a reli-15
463463 gious basis, or including religious references in 16
464464 its mission statements and other chartering or 17
465465 governing documents. 18
466466 (f) R
467467 EPORTS.— 19
468468 (1) A
469469 NNUAL REPORTS.—Not later than July 30 20
470470 of the year following the year of the date of enact-21
471471 ment of this Act, and each subsequent year through 22
472472 the year in which the final report is submitted under 23
473473 paragraph (2), the Secretary shall prepare and sub-24
474474 mit to Congress an interim report on the scholar-25
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478478 ships awarded under the pilot program under this 1
479479 section that includes the content described in para-2
480480 graph (3) for the applicable school year of the re-3
481481 port. 4
482482 (2) F
483483 INAL REPORT.—Not later than 90 days 5
484484 after the end of the pilot program under this section, 6
485485 the Secretary shall prepare and submit to Congress 7
486486 a report on the scholarships awarded under the pro-8
487487 gram that includes the content described in para-9
488488 graph (3) for each school year of the program. 10
489489 (3) C
490490 ONTENT.—Each annual report under 11
491491 paragraph (1) and the final report under paragraph 12
492492 (2) shall contain— 13
493493 (A) the number of applicants for scholar-14
494494 ships under this section; 15
495495 (B) the number, and the average dollar 16
496496 amount, of scholarships awarded; 17
497497 (C) the number of participating schools; 18
498498 (D) the number of elementary school stu-19
499499 dents receiving scholarships under this section 20
500500 and the number of secondary school students 21
501501 receiving such scholarships; and 22
502502 (E) the results of a survey, conducted by 23
503503 the Secretary, regarding parental satisfaction 24
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507507 with the scholarship program under this sec-1
508508 tion. 2
509509 (g) A
510510 UTHORIZATION OF APPROPRIATIONS.—There 3
511511 are authorized to be appropriated to carry out this section 4
512512 $10,000,000 for each of fiscal years 2025 through 2029. 5
513513 (h) O
514514 FFSET INDEPARTMENT OF EDUCATIONSALA-6
515515 RIES.—Notwithstanding any other provision of law, for 7
516516 fiscal year 2025 and each of the 4 succeeding fiscal years, 8
517517 the Secretary of Education shall return to the Treasury 9
518518 $10,000,000 of the amounts made available to the Sec-10
519519 retary for salaries and expenses of the Department of 11
520520 Education for such year. 12
521521 Æ
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