Sec. 120. Participation of children enrolled in private schools
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Section 1120 ( 20 U.S.C. 6320 ) is amended to read as follows: To the extent consistent with the number of eligible children identified under section 1115(b) in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall— after timely and meaningful consultation with appropriate private school officials or representatives, provide such service, on an equitable basis and individually or in combination, as requested by the officials or representatives to best meet the needs of such children, special educational services, instructional services, counseling, mentoring, one-on-one tutoring, or other benefits under this subpart (such as dual enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs; and ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to this subpart.
Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological. Educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this subpart, and shall be provided in a timely manner. To help ensure such equity for such private school children, teachers, and other educational personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this subpart.
Expenditures for educational services and other benefits to eligible private school children shall be equal to the expenditures for participating public school children, taking into account the number, and educational needs, of the children to be served. The share of funds shall be determined based on the total allocation received by the local educational agency prior to any allowable expenditures authorized under this title. Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall— be obligated in the fiscal year for which the funds are received by the agency; and with respect to any such funds that cannot be so obligated, be used to serve such children in the following fiscal year.
Each State educational agency shall— determine, in a timely manner, the proportion of funds to be allocated to each local educational agency in the State for educational services and other benefits under this subpart to eligible private school children; and provide notice, simultaneously, to each such local educational agency and the appropriate private school officials or their representatives in the State of such allocation of funds. The local educational agency or, in a case described in subsection (b)(6)(C), the State educational agency involved, may provide services under this section directly or through contracts with public or private agencies, organizations, and institutions.
To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials or representatives during the design and development of such agency’s programs under this subpart in order to reach an agreement between the agency and the officials or representatives about equitable and effective programs for eligible private school children, the results of which shall be transmitted to the designated ombudsmen under section 1120(a)(3)(B).
Such process shall include consultation on issues such as— how the children’s needs will be identified; what services will be offered; how, where, and by whom the services will be provided; how the services will be academically assessed and how the results of that assessment will be used to improve those services; the size and scope of the equitable services to be provided to the eligible private school children, and the proportion of funds that is allocated under subsection (a)(4)(A) for such services, how that proportion of funds is determined under such subsection, and an itemization of the costs of the services to be provided; the method or sources of data that are used under subsection
(c)and section 1113(c)(1) to determine the number of children from low-income families in participating school attendance areas who attend private schools; how and when the agency will make decisions about the delivery of services to such children, including a thorough consideration and analysis of the views of the private school officials or representatives on the provision of services through a contract with potential third-party providers; how, if the agency disagrees with the views of the private school officials or representatives on the provision of services through a contract, the local educational agency will provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to use a contractor; whether the agency will provide services under this section directly or through contracts with public and private agencies, organizations, and institutions; whether to provide equitable services to eligible private school children— by creating a pool or pools of funds with all of the funds allocated under paragraph
(4)based on all the children from low-income families who attend private schools in a participating school attendance area of the agency from which the local educational agency will provide such services to all such children; or by providing such services to eligible children in each private school in the agency’s participating school attendance area with the proportion of funds allocated under paragraph
(4)based on the number of children from low-income families who attend such school; and whether to consolidate and use funds under this subpart to provide schoolwide programs for a private school. If a local educational agency disagrees with the views of private school officials or representatives with respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to adopt the course of action requested by such officials. Such consultation shall include meetings of agency and private school officials or representatives and shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children to participate in programs under this subpart. Such meetings shall continue throughout implementation and assessment of services provided under this section. Such consultation shall include a discussion of service delivery mechanisms a local educational agency can use to provide equitable services to eligible private school children. Each local educational agency shall maintain in the agency’s records and provide to the State educational agency involved a written affirmation signed by officials or representatives of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials or representatives to indicate that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials or representatives do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency. A private school official shall have the right to file a complaint with the State educational agency that the local educational agency did not engage in consultation that was meaningful and timely, did not give due consideration to the views of the private school official, or did not treat the private school or its students equitably as required by this section. If the private school official wishes to file a complaint, the official shall provide the basis of the noncompliance with this section by the local educational agency to the State educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency. A State educational agency shall provide services under this section directly or through contracts with public or private agencies, organizations, and institutions, if— the appropriate private school officials or their representatives have— requested that the State educational agency provide such services directly; and demonstrated that the local educational agency involved has not met the requirements of this section; or in a case in which— a local educational agency has more than 10,000 children from low-income families who attend private elementary schools or secondary schools in a participating school attendance area of the agency that are not being served by the agency’s program under this section; or 90 percent of the eligible private school students in a participating school attendance area of the agency are not being served by the agency’s program under this section. A local educational agency shall have the final authority, consistent with this section, to calculate the number of children, ages 5 through 17, who are from low-income families and attend private schools by— using the same measure of low income used to count public school children; using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapolated if complete actual data are unavailable; applying the low-income percentage of each participating public school attendance area, determined pursuant to this section, to the number of private school children who reside in that school attendance area; or using an equated measure of low income correlated with the measure of low income used to count public school children. Any dispute regarding low-income data for private school students shall be subject to the complaint process authorized in section 5503. The control of funds provided under this subpart, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property. The provision of services under this section shall be provided— by employees of a public agency; or through a contract by such public agency with an individual, association, agency, or organization. In the provision of such services, such employee, individual, association, agency, or organization shall be independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency. If a local educational agency is prohibited by law from providing for the participation in programs on an equitable basis of eligible children enrolled in private elementary schools and secondary schools, or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for such participation, as required by this section, the Secretary shall— waive the requirements of this section for such local educational agency; arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section and sections 5503 and 5504; and in making the determination under this subsection, consider one or more factors, including the quality, size, scope, and location of the program and the opportunity of eligible children to participate. .
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Sec. 120
Participation of children enrolled in private schools
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