118 STAT. 127 PUBLIC LAW 108–199—JAN. 23, 2004 educational alternatives to the public schools are insufficient and more educational options are needed. In particular, funds are needed to assist low income parents to exercise choice among enhanced public opportunities and private educational environments, whether religious or nonreligious. Therefore, in keeping with the spirit of the No Child Left Behind Act of 2001, school choice options, in addition to those already avail able to parents in the District of Columbia (such as magnet and charter schools and open enrollment schools) should be made available to those parents. (3) In the most recent mathematics assessment on the National Assessment of Educational Progress (NAEP), adminis tered in 2000, a lower percentage of 4th grade students in the District of Columbia demonstrated proficiency than was the case for any State. Seventy six percent of the District of Columbia fourth graders scored at the ‘‘below basic’’ level and of the 8th grade students in the District of Columbia, only 6 percent of the students tested at the proficient or advanced levels, and 77 percent were below basic. In the most recent NAEP reading assessment, in 1998, only 10 percent of the District of Columbia fourth graders could read pro ficiently, while 72 percent were below basic. At the 8th grade level, 12 percent were proficient or advanced and 56 percent were below basic. (4) A program enacted for the valid secular purpose of providing educational assistance to low income children in a demonstrably failing public school system is constitutional under Zelman v. Simmons Harris, 536 U.S. 639 (2002), if it is neutral with respect to religion and provides assistance to a broad class of citizens who direct government aid to religious and secular schools solely as a result of their genuine and independent private choices. (5) The Mayor of the District of Columbia, the Chairman of the Education Committee of the City Council of the District of Columbia, and the President of the District of Columbia Board of Education support this title. (6) This title provides additional money for the District of Columbia public schools and therefore money for scholarships is not being taken out of money that would otherwise go to the District of Columbia public schools. (7) This title creates a 5 year program tailored to the current needs and particular circumstances of low income chil dren in District of Columbia schools. This title does not estab lish parameters or requirements for other school choice pro grams. SEC. 303. PURPOSE. The purpose of this title is to provide low income parents residing in the District of Columbia, particularly parents of students who attend elementary schools or secondary schools identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316), with expanded opportunities for enrolling their children in higher performing schools in the District of Columbia. SEC. 304. GENERAL AUTHORITY. (a) AUTHORITY.—From funds appropriated to carry out this title, the Secretary shall award grants on a competitive basis to
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