Collapse to view only § 7884. By-pass determination process
- § 7881. Participation by private school children and teachers
- § 7882. Standards for by-pass
- § 7883. Complaint process for participation of private school children
- § 7884. By-pass determination process
- § 7885. Prohibition against funds for religious worship or instruction
- § 7886. Private, religious, and home schools
§ 7881. Participation by private school children and teachers
(a) Private school participation
(1) In general
(2) Secular, neutral, and nonideological services or benefits
(3) Special rule
(A) In general
(B) Ombudsman
(4) Expenditures
(A) In general
(B) Obligation of funds
(C) Notice of allocation
(5) Provision of services
(b) Applicability
(1) In generalThis section applies to programs under—
(A) part C of subchapter I;
(B) part A of subchapter II;
(C) part A of subchapter III;
(D) part A of subchapter IV;
(E) part B of subchapter IV; and
(F)section 7281 of this title, with regard to Project SERV.
(2) Definition
(c) Consultation
(1) In generalTo 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—
(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, the amount of funds available for those services, and how that amount is determined;
(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 services through potential third-party providers; and
(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.
(2) Disagreement
(3) Timing
(4) Discussion required
(5) Documentation
(6) Compliance
(A) In general
(B) Procedure
(C) ServicesA 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.
(d) Public control of funds
(1) In general
(2) Provision of services
(A) In generalThe 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
(C) Commingling of funds prohibited
(Pub. L. 89–10, title VIII, § 8501, formerly title IX, § 9501, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1975; renumbered title VIII, § 8501, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(5), 8015, Dec. 10, 2015, 129 Stat. 2088, 2089, 2109; Pub. L. 115–64, § 3, Sept. 29, 2017, 131 Stat. 1189.)
§ 7882. Standards for by-pass
(a) In general
If, by reason of any provision of law, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or other entity is prohibited from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from, private elementary schools and secondary schools, on an equitable basis, or if the Secretary determines that the agency, consortium, or entity has substantially failed or is unwilling to provide for that participation, as required by section 7881 of this title, the Secretary shall—
(1) waive the requirements of that section for the agency, consortium, or entity; and
(2) arrange for the provision of equitable services to those children, teachers, or other educational personnel through arrangements that shall be subject to the requirements of this section and of sections 7881, 7883, and 7884 of this title.
(b) Determination
(Pub. L. 89–10, title VIII, § 8502, formerly title IX, § 9502, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1977; renumbered title VIII, § 8502, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(5), (b)(4), 8016, Dec. 10, 2015, 129 Stat. 2088, 2089, 2111.)
§ 7883. Complaint process for participation of private school children
(a) Procedures for complaints
(b) Appeals to Secretary
(Pub. L. 89–10, title VIII, § 8503, formerly title IX, § 9503, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1977; renumbered title VIII, § 8503, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(5), 8017, Dec. 10, 2015, 129 Stat. 2088, 2089, 2111.)
§ 7884. By-pass determination process
(a) Review
(1) In general
(A) Written objections
(B) Prior to reduction
(2) Petition for review
(A) Petition
(B) Transmission
(C) Filing
(3) Findings of fact
(A) In general
(B) New or modified findings
(4) Jurisdiction
(A) In general
(B) Judgment
(b) Determination
(c) Payment from State allotment
(d) Prior determination
(Pub. L. 89–10, title VIII, § 8504, formerly title IX, § 9504, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1978; renumbered title VIII, § 8504, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(5), (b)(4), 8018, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.)
§ 7885. Prohibition against funds for religious worship or instruction
Nothing contained in this chapter shall be construed to authorize the making of any payment under this chapter for religious worship or instruction.
(Pub. L. 89–10, title VIII, § 8505, formerly title IX, § 9505, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1979; renumbered title VIII, § 8505, Pub. L. 114–95, title VIII, § 8001(a)(5), Dec. 10, 2015, 129 Stat. 2088, 2089.)
§ 7886. Private, religious, and home schools
(a) Applicability to nonrecipient private schools
(b) Applicability to home schools
(c) Rule of construction on prohibition of Federal control over nonpublic schools
(d) Rule of construction on State and local educational agency mandates
(Pub. L. 89–10, title VIII, § 8506, formerly title IX, § 9506, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1979; renumbered title VIII, § 8506, Pub. L. 114–95, title VIII, § 8001(a)(5), Dec. 10, 2015, 129 Stat. 2088, 2089.)