Sec. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS
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## SEC. 1011 PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS **[**[20 U.S.C. 6320](/us/usc/t20/s6320)**]** Section 1117, as redesignated by section 1000(3), is amended— ####
(1)in subsection (a)— #####
(A)by striking paragraph
(1)and inserting the following: > > #### “(1) In general > > To the extent consistent with the number of eligible children identified under section 1115(c) 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— > > > ##### “(A) > > after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students’ academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs; and > > > ##### “(B) > > ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to section 1116.” > ; #####
(B)by striking paragraph
(3)and inserting the following: > > #### “(3) Equity > > > ##### “(A) In general > > 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 part, and shall be provided in a timely manner. > > > ##### “(B) Ombudsman > > 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 part.” > ; #####
(C)by striking paragraph
(4)and inserting the following: > > #### “(4) Expenditures > > > ##### “(A) Determination > > > ###### “(i) In general > > Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools. > > > ###### “(ii) Proportional share > > The proportional share of funds shall be determined based on the total amount of funds received by the local educational agency under this part prior to any allowable expenditures or transfers by the local educational agency. > > > ##### “(B) Obligation of funds > > 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. > > > ##### “(C) Notice of allocation > > Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this part that the local educational agencies have determined are available for eligible private school children. > > > ##### “(D) Term of determination > > The local educational agency may determine the equitable share under subparagraph
(A)each year or every 2 years.” > ; and #####
(D)in paragraph (5), by striking “agency” and inserting “agency, or, in a case described in subsection (b)(6)(C), the State educational agency involved,”; ####
(2)in subsection (b)— #####
(A)in paragraph (1)— ######
(i)in the matter preceding subparagraph (A), by striking “part,” and inserting “part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation”; ######
(ii)in subparagraph (E)— ######
(I)by striking “and” before “the proportion of funds”; ######
(II)by striking “(a)(4)” and inserting “(a)(4)(A)” ; and ######
(III)by inserting “, and how that proportion of funds is determined” after “such services”; ######
(iii)in subparagraph (G), by striking “and” after the semicolon; ######
(iv)in subparagraph (H), by striking the period at the end and inserting a semicolon; and ######
(v)by adding at the end the following: > > ##### “(I) > > whether the agency shall provide services directly or through a separate government agency, consortium, entity, or third-party contractor; > > > ##### “(J) > > whether to provide equitable services to eligible private school children— > > > ###### “(i) > > by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(A) based on all the children from low-income families in a participating school attendance area who attend private schools; or > > > ###### “(ii) > > in the agency’s participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(A) based on the number of children from low-income families who attend private schools; > > > ##### “(K) > > when, including the approximate time of day, services will be provided; and > > > ##### “(L) > > whether to consolidate and use funds provided under subsection (a)(4) in coordination with eligible funds available for services to private school children under applicable programs, as defined in section 8501(b)(1)to provide services to eligible private school children participating in programs.” > ; #####
(B)by redesignating paragraphs
(2)through
(5)as paragraphs
(3)through (6), respectively; #####
(C)by inserting after paragraph
(1)the following: > > #### “(2) Disagreement > > If a local educational agency disagrees with the views of private school officials with respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials the reasons why the local educational agency disagrees.” > ; #####
(D)in paragraph
(5)(as redesignated by subparagraph (B))— ######
(i)by inserting “meaningful” before “consultation” in the first sentence; ######
(ii)by inserting “The written affirmation shall provide the option for private school officials to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children.” after “occurred.”; and ######
(iii)by striking “has taken place” and inserting “has, or attempts at such consultation have, taken place”; and #####
(E)in paragraph
(6)(as redesignated by subparagraph (B))— ######
(i)in subparagraph (A)— ######
(I)by striking “right to complain to” and inserting “right to file a complaint with”; ######
(II)by inserting “asserting” after “State educational agency”; ######
(III)by striking “or” before “did not give due consideration”; and ######
(IV)by inserting “, or did not make a decision that treats the private school students equitably as required by this section” before the period at the end; ######
(ii)in subparagraph (B), by striking “to complain,” and inserting “to file a complaint,”; and ######
(iii)by adding at the end the following: > > ##### “(C) State educational agencies > > A State educational agency shall provide services under this section directly or through contracts with public or private agencies, organizations, or institutions, if the appropriate private school officials have— > > > ###### “(i) > > requested that the State educational agency provide such services directly; and > > > ###### “(ii) > > demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency.” > ; ####
(3)in subsection (c)(2), by striking “section 9505” and inserting “section 8503”; and ####
(4)in subsection (e)(2), by striking “sections 9503 and 9504” and inserting “sections 8503 and 8504”.
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Sec. 1011
PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS
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