 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
                   SUBCHAPTER XIV--GENERAL PROVISIONS
 
                       Part E--Uniform Provisions
 
Sec. 8893. Participation by private school children and teachers


(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 a State 
    educational agency, local educational agency, or educational service 
    agency or consortium of such agencies receiving financial assistance 
    under a program specified in subsection (b) of this section, who are 
    enrolled in private elementary and secondary schools in such agency 
    or consortium, such agency or consortium shall, after timely and 
    meaningful consultation with appropriate private school officials, 
    provide such children and their teachers or other educational 
    personnel, on an equitable basis, special educational services or 
    other benefits under such 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 such 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 such program.

                          (4) Expenditures

        Expenditures for educational services and other benefits 
    provided under this section to eligible private school children, 
    their teachers, and other educational personnel serving such 
    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

        Such agency or consortium described in subsection (a)(1) of this 
    section may provide such 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) part C of subchapter I of this chapter (migrant 
        education);
            (B) subchapter II of this chapter (other than section 6623 
        of this title and part D of such subchapter);
            (C) subchapter VII of this chapter;
            (D) subchapter III of this chapter (other than part B of 
        such subchapter) (Star Schools); and
            (E) part A of subchapter IV of this chapter (other than 
        section 7114 of this title).

                  (2) ``Eligible children'' defined

        For the purposes of this section, the term ``eligible children'' 
    means children eligible for services under a program described in 
    paragraph (1).

(c) Consultation

                           (1) In general

        To ensure timely and meaningful consultation, a State 
    educational agency, local educational agency, educational service 
    agency or consortium of such agencies shall consult with appropriate 
    private school officials during the design and development of the 
    programs under this chapter, 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; and
            (D) how the services will be assessed.

                             (2) Timing

        Such consultation shall occur before the agency or consortium 
    makes any decision that affects the opportunities of eligible 
    private school children, teachers, and other educational personnel 
    to participate in programs under this chapter.

                       (3) Discussion required

        Such consultation shall include a discussion of service delivery 
    mechanisms that the agency or consortium 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 such funds, shall be in a public agency for the uses and 
    purposes provided in this chapter, 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.
        (C) Funds used to provide services under this section shall not 
    be commingled with non-Federal funds.

(Pub. L. 89-10, title XIV, Sec. 14503, as added Pub. L. 103-382, title 
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3902; amended Pub. L. 105-277, 
div. A, Sec. 101(f) [title VIII, Sec. 101(b)(6)], Oct. 21, 1998, 112 
Stat. 2681-337, 2681-407.)


                               Amendments

    1998--Subsec. (b)(1)(B). Pub. L. 105-277 substituted ``part D'' for 
``part C''.

                  Section Referred to in Other Sections

    This section is referred to in sections 8894, 8895, 8896 of this 
title.
