 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
 Part A--Improving Basic Programs Operated by Local Educational Agencies
 
                  subpart 1--basic program requirements
 
Sec. 6321. Participation of children enrolled in private schools


(a) General requirement

                           (1) In general

        To the extent consistent with the number of eligible children 
    identified under section 6315(b) of this title in a local 
    educational agency who are enrolled in private elementary and 
    secondary schools, a local educational agency shall, after timely 
    and meaningful consultation with appropriate private school 
    officials, provide such children, on an equitable basis, special 
    educational services or other benefits under this part (such as dual 
    enrollment, educational radio and television, computer equipment and 
    materials, other technology, and mobile educational services and 
    equipment).

                (2) Secular, neutral, nonideological

        Such educational services or other benefits, including materials 
    and equipment, shall be secular, neutral, and nonideological.

                             (3) Equity

        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.

                          (4) Expenditures

        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.

                      (5) Provision of services

        The local educational agency may provide such services directly 
    or through contracts with public and private agencies, 
    organizations, and institutions.

(b) Consultation

                           (1) In general

        To ensure timely and meaningful consultation, a local 
    educational agency shall consult with appropriate private school 
    officials during the design and development of such agency's 
    programs under this part, on issues such as--
            (A) how the children's needs will be identified;
            (B) what services will be offered;
            (C) how and where the services will be provided;
            (D) how the services will be assessed; and
            (E) the size and scope of the equitable services to be 
        provided to the eligible private school children, and what is 
        the proportion of funds allocated under subsection (a)(4) of 
        this section for such services.

                             (2) Timing

        Such consultation 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 part.

                           (3) Discussion

        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.

(c) Public control of funds

                           (1) In general

        The control of funds provided under this part, 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 and property.

                      (2) Provision of services

        (A) The provision of services under this section shall be 
    provided--
            (i) by employees of a public agency; or
            (ii) through contract by such public agency with an 
        individual, association, agency, or organization.

        (B) In the provision of such services, such employee, person, 
    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.

(d) Standards for a bypass

    If a local educational agency is prohibited by law from providing 
for the participation on an equitable basis of eligible children 
enrolled in private elementary 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--
        (1) waive the requirements of this section for such local 
    educational agency; and
        (2) arrange for the provision of services to such children 
    through arrangements that shall be subject to the requirements of 
    this section and sections 8895 and 8896 of this title.

(e) Capital expenses

                           (1) In general

        (A) From the amount appropriated for this subsection under 
    section 6302(e) of this title for any fiscal year, each State is 
    eligible to receive an amount that bears the same ratio to the 
    amount so appropriated as the number of private school children who 
    received services under this part in the State in the most recent 
    year for which data satisfactory to the Secretary are available 
    bears to the number of such children in all States in that same 
    year.
        (B) The Secretary shall reallocate any amounts allocated under 
    subparagraph (A) that are not used by a State for the purpose of 
    this subsection to other States on the basis of their respective 
    needs, as determined by the Secretary.

                        (2) Capital expenses

        (A) A local educational agency may apply to the State 
    educational agency for payments for capital expenses consistent with 
    this subsection.
        (B) State educational agencies shall distribute such funds under 
    this subsection to local educational agencies based on the degree of 
    need set forth in their respective applications for assistance under 
    this subsection.

                          (3) Uses of funds

        Any funds appropriated to carry out this subsection shall be 
    used only for capital expenses incurred to provide equitable 
    services for private school children under this section.

                  (4) ``Capital expenses'' defined

        For the purpose of this subsection, the term ``capital 
    expenses'' means--
            (A) expenditures for noninstructional goods and services, 
        such as the purchase, lease, or renovation of real and personal 
        property, including mobile educational units and leasing of 
        neutral sites or spaces;
            (B) insurance and maintenance costs;
            (C) transportation; and
            (D) other comparable goods and services.

(Pub. L. 89-10, title I, Sec. 1120, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3557.)

                  Section Referred to in Other Sections

    This section is referred to in sections 6302, 6303, 6312, 6394, 7545 
of this title.
