Page:United States Statutes at Large Volume 118.djvu/2711

 118 STAT. 2681 PUBLIC LAW 108–446—DEC. 3, 2004 forward the documentation of the consultation process to the State educational agency. ‘‘(v) COMPLIANCE.— ‘‘(I) IN GENERAL.—A private school official shall have the right to submit a complaint to the State educational agency that the local educational agency did not engage in consultation that was meaningful and timely, or did not give due consid eration to the views of the private school official. ‘‘(II) PROCEDURE.—If the private school official wishes to submit a complaint, the official shall provide the basis of the noncompliance with this subparagraph by the local educational agency to the State educational agency, and the local edu cational agency shall forward the appropriate docu mentation to the State educational agency. If the private school official is dissatisfied with the deci sion of the State educational agency, such official may submit a complaint to the Secretary by pro viding the basis of the noncompliance with this subparagraph by the local educational agency to the Secretary, and the State educational agency shall forward the appropriate documentation to the Secretary. ‘‘(vi) PROVISION OF EQUITABLE SERVICES.— ‘‘(I) DIRECTLY OR THROUGH CONTRACTS.—The provision of services pursuant to this subpara graph shall be provided— ‘‘(aa) by employees of a public agency; or ‘‘(bb) through contract by the public agency with an individual, association, agency, organization, or other entity. ‘‘(II) SECULAR, NEUTRAL, NONIDEOLOGICAL.— Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, shall be secular, neutral, and nonideological. ‘‘(vii) PUBLIC CONTROL OF FUNDS.—The control of funds used to provide special education and related services under this subparagraph, and title to mate rials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer the funds and property. ‘‘(B) CHILDREN PLACED IN, OR REFERRED TO, PRIVATE SCHOOLS BY PUBLIC AGENCIES.— ‘‘(i) IN GENERAL.—Children with disabilities in pri vate schools and facilities are provided special edu cation and related services, in accordance with an individualized education program, at no cost to their parents, if such children are placed in, or referred to, such schools or facilities by the State or appropriate local educational agency as the means of carrying out the requirements of this part or any other applicable law requiring the provision of special education and related services to all children with disabilities within such State.

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