SEC. 8015.
PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS
Section Summary
ESSA
SEC. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
Section 8501, <<NOTE: 20 USC 7881.>> as redesignated by section 8001
of this Act, is amended--
(1) in subsection (a)--
(A) by striking paragraph (3) and inserting the
following:
``(3) Special rule.--
``(A) In general.--Educational services and other
benefits provided under this section for 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 the program and
shall be provided in a timely manner.
``(B) Ombudsman.--To help ensure equitable services
are provided to private school children, teachers, and
other educational personnel under this section, the
State educational agency involved shall direct the
ombudsman designated by the agency under section 1117 to
monitor and enforce the requirements of this section.'';
and
(B) by striking paragraph (4) and inserting the
following:
``(4) Expenditures.--
``(A) In general.--Expenditures for educational
services and other benefits provided under this section
for eligible private school children, their teachers,
and other educational personnel serving those 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.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children shall
be obligated
[[Page 129 STAT. 2110]]
in the fiscal year for which the funds are received by
the agency.
``(C) Notice of allocation.--Each State educational
agency shall provide notice in a timely manner to the
appropriate private school officials in the State of the
allocation of funds for educational services and other
benefits under this subpart that the local educational
agencies have determined are available for eligible
private school children.''.
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraphs (A)
through (H) and inserting the following:
``(A) part C of title I;
``(B) part A of title II;
``(C) part A of title III;
``(D) part A of title IV; and
``(E) part B of title IV.''; and
(B) by striking paragraph (3); and
(3) in subsection (c)--
(A) in the matter preceding subparagraph (A), by
striking ``To ensure'' and all that follows through
``such as'' and inserting ``To ensure timely and
meaningful consultation, a State educational agency,
local educational agency, educational service agency,
consortium of those agencies, or entity shall consult
with appropriate private school officials. Such agency
and private school officials shall both have the goal of
reaching agreement on how to provide equitable and
effective programs for eligible private school children,
on issues such as'';
(B) in paragraph (1)--
(i) in subparagraph (E)--
(I) by striking ``and the amount''
and inserting ``, the amount''; and
(II) by striking ``services; and''
and inserting ``services, and how that
amount is determined;'';
(ii) in subparagraph (F)--
(I) by striking ``contract'' after
``provision of''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(G) whether the agency, consortium, or entity
shall provide services directly or through a separate
government agency, consortium, or entity, or through a
third-party contractor; and
``(H) whether to provide equitable services to
eligible private school children--
``(i) by creating a pool or pools of funds
with all of the funds allocated under subsection
(a)(4)(C) based on all the children from low-
income families in a participating school
attendance area who attend private schools; or
``(ii) in the agency's participating school
attendance area who attend private schools with
the proportion of funds allocated under subsection
(a)(4)(C) based on the number of children from
low-income families who attend private schools.'';
and
[[Page 129 STAT. 2111]]
(4) by adding at the end the following:
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records, and provide to the State
educational agency involved, a written affirmation signed by
officials of each participating private school that the
meaningful consultation required by this section has occurred.
The written affirmation shall provide the option for private
school officials to indicate such officials' belief that timely
and meaningful consultation has not occurred or that the program
design is not equitable with respect to eligible private school
children. If such officials do not provide such affirmation
within a reasonable period of time, the local educational agency
shall forward the documentation that such consultation has, or
attempts at such consultation have, taken place to the State
educational agency.
``(6) Compliance.--
``(A) In general.--If the consultation required
under this section is with a local educational agency or
educational service agency, a private school official
shall have the right to file a complaint with the State
educational agency that the consultation required under
this section was not meaningful and timely, did not give
due consideration to the views of the private school
official, or did not make a decision that treats the
private school or its students equitably as required by
this section.
``(B) Procedure.--If the private school official
wishes to file a complaint, the private school official
shall provide the basis of the noncompliance and all
parties shall provide the appropriate documentation to
the appropriate officials.
``(C) Services.--A State educational agency shall
provide services under this section directly or through
contracts with public and private agencies,
organizations, and institutions, if the appropriate
private school officials have--
``(i) requested that the State educational
agency provide such services directly; and
``(ii) demonstrated that the local educational
agency involved has not met the requirements of
this section in accordance with the procedures for
making such a request, as prescribed by the State
educational agency.''.
NCLB Text
``SEC. 9501. <<NOTE: 20 USC 7881.>> 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
areas served by a State educational agency, local educational
agency, educational service agency, consortium of those
agencies, or another entity receiving financial assistance under
a program specified in subsection (b), who are enrolled in
private elementary schools and secondary schools in areas served
by such agency, consortium, or entity, the agency, consortium,
or entity shall, after timely and meaningful consultation with
appropriate private school officials provide to those children
and their teachers or other educational personnel, on an
equitable basis, special educational services or other benefits
that address their needs under the 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 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 the program and shall be provided in a timely
manner.
``(4) Expenditures.--Expenditures for educational services
and other benefits provided under this section for eligible
private school children, their teachers, and other educational
personnel serving those 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.--An agency, consortium, or
entity described in subsection (a)(1) of this section may
provide those 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) subparts 1 and 3 of part B of title I;
``(B) part C of title I;
``(C) part A of title II, to the extent provided in
paragraph (3);
[[Page 115 STAT. 1976]]
``(D) part B of title II;
``(E) part D of title II;
``(F) part A of title III;
``(G) part A of title IV; and
``(H) part B of title IV.
``(2) Definition.--For the purpose of this section, the term
`eligible children' means children eligible for services under a
program described in paragraph (1).
``(3) Application.--(A) Except as provided in subparagraph
(B), this subpart, including subsection (a)(4), applies to funds
awarded to a local educational agency under part A of title II
only to the extent that the local educational agency uses funds
under that part to provide professional development to teachers
and others.
``(B) Subject to subparagraph (A), the share of the local
educational agency's subgrant under part A of title II that is
used for professional development and subject to a determination
of equitable expenditures under subsection (a)(4) shall not be
less than the aggregate share of that agency's awards that were
used for professional development for fiscal year 2001 under
section 2203(1)(B) (as such section was in effect on the day
preceding the date of enactment of the No Child Left Behind Act
of 2001) and section 306 of the Department of Education
Appropriations Act, 2001.
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational
agency, educational service agency, consortium of those
agencies, or entity shall consult with appropriate private
school officials during the design and development of the
programs under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be assessed and how the
results of the assessment will be used to improve those
services;
``(E) the size and scope of the equitable services
to be provided to the eligible private school children,
teachers, and other educational personnel and the amount
of funds available for those services; and
``(F) how and when the agency, consortium, or entity
will make decisions about the delivery of services,
including a thorough consideration and analysis of the
views of the private school officials on the provision
of contract services through potential third-party
providers.
``(2) Disagreement.--If the agency, consortium, or entity
disagrees with the views of the private school officials on the
provision of services through a contract, the agency,
consortium, or entity shall provide to the private school
officials a written explanation of the reasons why the local
educational agency has chosen not to use a contractor.
``(3) Timing.--The consultation required by paragraph (1)
shall occur before the agency, consortium, or entity makes any
decision that affects the opportunities of eligible private
school children, teachers, and other educational personnel to
[[Page 115 STAT. 1977]]
participate in programs under this Act, and shall continue
throughout the implementation and assessment of activities under
this section.
``(4) Discussion required.--The consultation required by
paragraph (1) shall include a discussion of service delivery
mechanisms that the agency, consortium, or entity 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 those funds, shall be in a public
agency for the uses and purposes provided in this Act, and a
public agency shall administer the funds and property.
``(2) Provision of services.--
``(A) In general.--The provision of services under
this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by the public agency
with an individual, association, agency,
organization, or other entity.
``(B) Independence; public agency.--In the provision
of those services, the employee, person, association,
agency, organization, or other entity shall be
independent of the private school and of any religious
organization, and the employment or contract shall be
under the control and supervision of the public agency.
``(C) Commingling of funds prohibited.--Funds used
to provide services under this section shall not be
commingled with non-Federal funds.
