-CITE-
20 USC Sec. 7881 01/06/03-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND
SECONDARY SCHOOLS
SUBCHAPTER IX - GENERAL PROVISIONS
Part E - Uniform Provisions
subpart 1 - private schools-HEAD-
Sec. 7881. Participation by private school children and teachers-STATUTE-
(a) Private school participation
(1) In general
Except as otherwise provided in this chapter, to the extent
consistent with the number of eligible children in areas served
by a State educational agency, local educational agency,
educational service agency, consortium of those agencies, or
another entity receiving financial assistance under a program
specified in subsection (b) of this section, who are enrolled in
private elementary schools and secondary schools in areas served
by such agency, consortium, or entity, the agency, consortium, or
entity shall, after timely and meaningful consultation with
appropriate private school officials provide to those children
and their teachers or other educational personnel, on an
equitable basis, special educational services or other benefits
that address their needs under the program.
(2) Secular, neutral, and nonideological services or benefits
Educational services or other benefits, including materials and
equipment, provided under this section, shall be secular,
neutral, and nonideological.
(3) Special rule
Educational services and other benefits provided under this
section for private school children, teachers, and other
educational personnel shall be equitable in comparison to
services and other benefits for public school children, teachers,
and other educational personnel participating in the program and
shall be provided in a timely manner.
(4) Expenditures
Expenditures for educational services and other benefits
provided under this section for eligible private school children,
their teachers, and other educational personnel serving those
children shall be equal, taking into account the number and
educational needs of the children to be served, to the
expenditures for participating public school children.
(5) Provision of services
An agency, consortium, or entity described in subsection (a)(1)
of this section may provide those services directly or through
contracts with public and private agencies, organizations, and
institutions.
(b) Applicability
(1) In general
This section applies to programs under -
(A) subparts 1 and 3 of part B of subchapter I of this
chapter;
(B) part C of subchapter I of this chapter;
(C) part A of subchapter II of this chapter, to the extent
provided in paragraph (3);
(D) part B of subchapter II of this chapter;
(E) part D of subchapter II of this chapter;
(F) part A of subchapter III of this chapter;
(G) part A of subchapter IV of this chapter; and
(H) part B of subchapter IV of this chapter.
(2) Definition
For the purpose of this section, the term ''eligible children''
means children eligible for services under a program described in
paragraph (1).
(3) Application
(A) Except as provided in subparagraph (B), this subpart,
including subsection (a)(4) of this section, applies to funds
awarded to a local educational agency under part A of subchapter
II of this chapter only to the extent that the local educational
agency uses funds under that part to provide professional
development to teachers and others.
(B) Subject to subparagraph (A), the share of the local
educational agency's subgrant under part A of subchapter II of
this chapter that is used for professional development and
subject to a determination of equitable expenditures under
subsection (a)(4) of this section shall not be less than the
aggregate share of that agency's awards that were used for
professional development for fiscal year 2001 under section
2203(1)(B) (as such section was in effect on the day preceding
January 8, 2002) and section 306 of the Department of Education
Appropriations Act, 2001.
(c) Consultation
(1) In general
To ensure timely and meaningful consultation, a State
educational agency, local educational agency, educational service
agency, consortium of those agencies, or entity shall consult
with appropriate private school officials during the design and
development of the programs under this chapter, on issues such as
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(A) how the children's needs will be identified;
(B) what services will be offered;
(C) how, where, and by whom the services will be provided;
(D) how the services will be assessed and how the results of
the assessment will be used to improve those services;
(E) the size and scope of the equitable services to be
provided to the eligible private school children, teachers, and
other educational personnel and the amount of funds available
for those services; and
(F) how and when the agency, consortium, or entity will make
decisions about the delivery of services, including a thorough
consideration and analysis of the views of the private school
officials on the provision of contract services through
potential third-party providers.
(2) Disagreement
If the agency, consortium, or entity disagrees with the views
of the private school officials on the provision of services
through a contract, the agency, consortium, or entity shall
provide to the private school officials a written explanation of
the reasons why the local educational agency has chosen not to
use a contractor.
(3) Timing
The consultation required by paragraph (1) shall occur before
the agency, consortium, or entity makes any decision that affects
the opportunities of eligible private school children, teachers,
and other educational personnel to participate in programs under
this chapter, and shall continue throughout the implementation
and assessment of activities under this section.
(4) Discussion required
The consultation required by paragraph (1) shall include a
discussion of service delivery mechanisms that the agency,
consortium, or entity could use to provide equitable services to
eligible private school children, teachers, administrators, and
other staff.
(d) Public control of funds
(1) In general
The control of funds used to provide services under this
section, and title to materials, equipment, and property
purchased with those funds, shall be in a public agency for the
uses and purposes provided in this chapter, and a public agency
shall administer the funds and property.
(2) Provision of services
(A) In general
The provision of services under this section shall be
provided -
(i) by employees of a public agency; or
(ii) through contract by the public agency with an
individual, association, agency, organization, or other
entity.
(B) Independence; public agency
In the provision of those services, the employee, person,
association, agency, organization, or other entity shall be
independent of the private school and of any religious
organization, and the employment or contract shall be under the
control and supervision of the public agency.
(C) Commingling of funds prohibited
Funds used to provide services under this section shall not
be commingled with non-Federal funds.-SOURCE-
(Pub. L. 89-10, title IX, Sec. 9501, as added Pub. L. 107-110,
title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1975.)-REFTEXT-
REFERENCES IN TEXT
Section 2203(1)(B) (as such section was in effect on the day
preceding January 8, 2002), referred to in subsec. (b)(3)(B), means
section 2203(1)(B) of Pub. L. 89-10, as added by Pub. L. 103-382,
title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3621, which was
classified to section 6643(1)(B) of this title prior to the general
amendment of subchapter II of this chapter by Pub. L. 107-110,
title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1620.
Section 306 of the Department of Education Appropriations Act,
2001, referred to in subsec. (b)(3)(B), is section 1(a)(1) (title
III, Sec. 306) of Pub. L. 106-554, Dec. 21, 2000, 114 Stat. 2763,
2763A-41, which is not classified to the Code.-MISC2-
REFERENCES TO PART A OF SUBCHAPTER III CONSIDERED TO BE REFERENCES
TO PART B OF SUBCHAPTER III
References to part A of subchapter III of this chapter are
considered to be references to part B of subchapter III of this
chapter in certain fiscal years. See section 6801(c) of this
title.
PRIOR PROVISIONS
A prior section 7881, Pub. L. 89-10, title IX, Sec. 9161, as
added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.
3793; amended Pub. L. 105-220, title II, Sec. 251(b)(2)(E), Aug. 7,
1998, 112 Stat. 1080, defined terms, prior to the general amendment
of this subchapter by Pub. L. 107-110. See section 7491 of this
title.-SECREF-
Office of the Law Revision Counsel, U.S. House of Representatives
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6612, 6622, 7113, 7305b,
7315, 7321, 7883, 7884 of this title.