Sec. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS
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## SEC. 8015 PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS **[**[20 U.S.C. 7881](/us/usc/t20/s7881)**]** Section 8501, as redesignated by section 8001 of this Act, is amended— ####
(1)in subsection (a)— #####
(A)by striking paragraph
(3)and inserting the following: > > #### “(3) Special rule > > > ##### “(A) In general > > 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. > > > ##### “(B) Ombudsman > > To help ensure equitable services are provided to private school children, teachers, and other educational personnel under this section, the State educational agency involved shall direct the ombudsman designated by the agency under section 1117 to monitor and enforce the requirements of this section.” > ; and #####
(B)by striking paragraph
(4)and inserting the following: > > #### “(4) Expenditures > > > ##### “(A) In general > > 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. > > > ##### “(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 subpart that the local educational agencies have determined are available for eligible private school children.” > . ####
(2)in subsection (b)— #####
(A)in paragraph (1), by striking subparagraphs
(A)through
(H)and inserting the following: > > ##### “(A) > > part C of title I; > > > ##### “(B) > > part A of title II; > > > ##### “(C) > > part A of title III; > > > ##### “(D) > > part A of title IV; and > > > ##### “(E) > > part B of title IV.” > ; and #####
(B)by striking paragraph (3); and ####
(3)in subsection (c)— #####
(A)in the matter preceding subparagraph (A), by striking “To ensure” and all that follows through “such as” and inserting “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. 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, on issues such as”; #####
(B)in paragraph (1)— ######
(i)in subparagraph (E)— ######
(I)by striking “and the amount” and inserting “, the amount”; and ######
(II)by striking “services; and” and inserting “services, and how that amount is determined;”; ######
(ii)in subparagraph (F)— ######
(I)by striking “contract” after “provision of”; and ######
(II)by striking the period at the end and inserting “; and”; and ######
(iii)by adding at the end the following: > > ##### “(G) > > whether the agency, consortium, or entity shall provide services directly or through a separate government agency, consortium, or entity, or through a third-party contractor; and > > > ##### “(H) > > 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)(C) 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)(C) based on the number of children from low-income families who attend private schools.” > ; and ####
(4)by adding at the end the following: > > #### “(5) Documentation > > 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 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 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. If such officials 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. > > > #### “(6) Compliance > > > ##### “(A) In general > > If the consultation required under this section is with a local educational agency or educational service agency, a private school official shall have the right to file a complaint with the State educational agency that the consultation required under this section was not meaningful and timely, did not give due consideration to the views of the private school official, or did not make a decision that treats the private school or its students equitably as required by this section. > > > ##### “(B) Procedure > > If the private school official wishes to file a complaint, the private school official shall provide the basis of the noncompliance and all parties shall provide the appropriate documentation to the appropriate officials. > > > ##### “(C) Services > > A State educational agency shall provide services under this section directly or through contracts with public and private agencies, organizations, and 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.” > .
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Sec. 8015
PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS
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