Page:United States Statutes at Large Volume 108 Part 5.djvu/412

 108 STAT. 3902 PUBLIC LAW 103-382—OCT. 20, 1994 "(1) IN GENERAL.— The State educational agency shall reduce the amount of the allocation of funds under a covered program in any fiscal year in the exact proportion to which a local educational agency fails to meet the requirement of subsection (a) by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to such local agency). "(2) SPECIAL RULE.—No such lesser amount shall be used for computing the effort required under subsection (a) for subsequent years. '(c) WAIVER,—The Secretary may waive the requirements of this section if the Secretary determines that such a waiver would be equitable due to— "(1) exceptional or uncontrollable circumstances such as a natural disaster; or "(2) a precipitous decline in the financial resources of the local educational agency. 20 USC 8892. "SEC. 14502. PROHmiTION REGARDING STATE AID. "A State shall not take into consideration payments under this Act (other than under title VIII) in determining the eligibility of any local educational agency in such State for State aid, or the amount of State aid, with respect to free public education of children. 20 USC 8893. " SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS. "(a) PRIVATE SCHOOL PARTICIPATION. — "(1) IN GENERAL. —Except as otherwise provided in this Act, 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), 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) may provide such services directly

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