A r c h i v e d  I n f o r m a t i o n


``(a) General Requirement.--
``(1) In general.--To the extent consistent with the number of eligible children identified under section 1115(b) in a local educational agency who are enrolled in private elementary and secondary schools, a local educational agency shall, after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis, special educational services or other benefits under this part (such as dual enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment).
``(2) Secular, neutral, nonideological.--Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological.
``(3) Equity.--Educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this part.
``(4) Expenditures.--Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools.
``(5) Provision of services.--The local educational agency may provide such services directly or through contracts with public and private agencies, organizations, and institutions.
``(b) Consultation.--
``(1) In general.--To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency's programs under this part, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how and where the services will be provided;
``(D) how the services will be assessed; and
``(E) the size and scope of the equitable services to be provided to the eligible private school children, and what is the proportion of funds allocated under subsection (a)(4) for such services.
``(2) Timing.--Such consultation shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children to participate in programs under this part.
``(3) Discussion.--Such consultation shall include a discussion of service delivery mechanisms a local educational agency can use to provide equitable services to eligible private school children.
``(c) Public Control of Funds.--
``(1) In general.--The control of funds provided under this part, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds and property.
``(2) Provision of services.--
``(A) The provision of services under this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an individual, association, agency, or organization.
``(B) In the provision of such services, such employee, person, association, agency, or organization shall be independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency.
``(d) Standards for a Bypass.--If a local educational agency is prohibited by law from providing for the participation on an equitable basis of eligible children enrolled in private elementary and secondary schools or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for such participation, as required by this section, the Secretary shall--
``(1) waive the requirements of this section for such local educational agency; and
``(2) arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section and sections 14505 and 14506.
``(e) Capital Expenses.--
``(1) In general.--
``(A) From the amount appropriated for this subsection under section 1002(e) for any fiscal year, each State is eligible to receive an amount that bears the same ratio to the amount so appropriated as the number of private school children who received services under this part in the State in the most recent year for which data satisfactory to the Secretary are available bears to the number of such children in all States in that same year.
``(B) The Secretary shall reallocate any amounts allocated under subparagraph (A) that are not used by a State for the purpose of this subsection to other States on the basis of their respective needs, as determined by the Secretary.
``(2) Capital expenses.--
``(A) A local educational agency may apply to the State educational agency for payments for capital expenses consistent with this subsection.
``(B) State educational agencies shall distribute such funds under this subsection to local educational agencies based on the degree of need set forth in their respective applications for assistance under this subsection.
``(3) Uses of funds.--Any funds appropriated to carry out this subsection shall be used only for capital expenses incurred to provide equitable services for private school children under this section.
``(4) Definition.--For the purpose of this subsection, the term `capital expenses' means--
``(A) expenditures for noninstructional goods and services, such as the purchase, lease, or renovation of real and personal property, including mobile educational units and leasing of neutral sites or spaces;
``(B) insurance and maintenance costs;
``(C) transportation; and
``(D) other comparable goods and services.