Page:United States Statutes at Large Volume 115 Part 2.djvu/801

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1785 " SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 20 USC 7217a. SCHOOLS. " (a) PARTICIPATION ON EQUITABLE BASIS.— "(1) IN GENERAL. —To the extent consistent with the number of children in the school district of a local educational agency that is eligible to receive funds under this part, or that serves the area in which a program assisted under this part is located, who are enrolled in private nonprofit elementary schools and secondary schools, or, with respect to instructional or personnel training programs funded by the State educational agency from funds made available for State educational agency use, the local educational agency, after consultation with appropriate private school officials— "(A) shall provide, as may be necessary, for the benefit of such children in such schools— "(i) secular, neutral, and nonideological services, materials, and equipment, including the participation of the teachers of such children (and other educational personnel serving such children) in training programs; and "(ii) the repair, minor remodeling, or construction of public facilities (consistent with subsection (c)); or "(B) if such services, materials, and equipment are not feasible or necessary in one or more such private schools, as determined by the local educational agency after consultation with the appropriate private school officials, shall provide such other arrangements as will assure equitable participation of such children in the purposes and benefits of this part. "(2) OTHER PROVISIONS FOR SERVICES.— If no program is carried out under paragraph (1) in the school district of a local educational agency, the State educational agency shall make arrangements, such as through contracts with nonprofit agencies or organizations, under which children in private schools in the district are provided with services and materials to the same extent as would have occurred if the local educational agency had received funds under this part. "(3) APPLICATION OF REQUIREMENTS.—The requirements of this section relating to the participation of children, teachers, and other personnel serving such children shall apply to programs carried out under this part by a State educational agency or local educational agency, whether directly or through grants to, or contracts with, other public or private agencies, institutions, or organizations. " (b) EQUAL EXPENDITURES.— "(1) IN GENERAL.— Expenditures for programs under subsection (a) shall be equal (consistent with the number of children to be served) to expenditures for programs under this part for children enrolled in the public schools of the local educational agency. "(2) CONCENTRATED PROGRAMS.— Taking into account the needs of the individual children and other factors that relate to the expenditures referred to in paragraph (1), and when funds available to a local educational agency under this part are used to concentrate programs on a particular group, attendance area, or grade or age level, children enrolled in private schools who are included within the group, attendance area, 89-1940 -03- 26QL3 Part2

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