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20 U.S.C. § 7881 — Participation by private school children and teachers
Federal law — U.S. Code and appendices · legal_authorities
**(a) Private school participation**
(1) **In general** — Except as otherwise provided in this chapter, 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**
(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 6320 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section63
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Source file: Laws/federal/codes/united-states-code/title-20/section-7881-participation-by-private-school-children-and-teachers--5f312716f8.md
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Source location: Title 20, Chapter 70, § 7881; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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**(a) Private school participation**
(1) **In general** — Except as otherwise provided in this chapter, 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**
(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 6320 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6320&num=0&edition=prelim) to monitor and enforce the requirements of this section.
(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 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.
(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7281&num=0&edition=prelim), with regard to Project SERV.
(2) **Definition** — For the purpose of this section, the term “eligible children” means children eligible for services under a program described in paragraph (1).
**(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. 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** — 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 participate in programs under this chapter, 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.
(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.
**(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 chapter, 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination**
(1) **In general** — A local educational agency shall use funds received under this part only in eligible school attendance areas.
(2) **Eligible school attendance areas** — For the purposes of this part—
(A) the term “school attendance area” means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and
(B) the term “eligible school attendance area” means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole.
(3) **Ranking order**
(A) *Ranking* — Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall—
(i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and
(ii) serve such eligible school attendance areas in rank order.
(B) *Exception* — A local educational agency may lower the threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency.
(4) **Remaining funds** — If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall—
(A) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and
(B) serv
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6320
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application** An eligible entity that desires a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following:
(1) A description of the eligible entity.
(2) A memorandum of understanding among all partner entities in the eligible entity that will assist the eligible entity to coordinate and provide pipeline services and that describes the roles the partner entities will assume.
(3) A description of the capacity of the eligible entity to coordinate and provide pipeline services at 2 or more full-service community schools.
(4) A comprehensive plan that includes descriptions of the following:
(A) The student, family, and school community to be served, including demographic information.
(B) A needs assessment that identifies the academic, physical, nonacademic, health, mental health, and other needs of students, families, and community residents.
(C) Annual measurable performance objectives and outcomes, including an increase in the number and percentage of families and students targeted for services each year of the program, in order to ensure that children are—
(i) prepared for kindergarten;
(ii) achieving academically; and
(iii) safe, healthy, and supported by engaged parents.
(D) Pipeline services, including existing and additional pipeline services, to be coordinated and provided by the eligible entity and its partner entities, including an explanation of—
(i) why such services have been selected;
(ii) how such services will improve student academic achievement; and
(iii) how such services will address the annual measurable performan
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7281
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6311
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reservation of funds** From the total amount appropriated under [section 6603(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6603/a&num=0&edition=prelim) for a fiscal year, the Secretary shall reserve—
(1) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this subchapter; and
(2) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education.
**(b) State allotments**
(1) **Hold harmless**
(A) *Fiscal years 2017 through 2022* — For each of fiscal years 2017 through 2022, subject to paragraph (2) and subparagraph (C), from the funds appropriated under [section 6603(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6603/a&num=0&edition=prelim) for a fiscal year that remain after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State an amount equal to the total amount that such State received for fiscal year 2001 under—
(i) section 2202(b) of this Act (as in effect on the day before January 8, 2002); and
(ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554).
(B) *Ratable reduction* — If the funds described in subparagraph (A) are insufficient to pay the full amounts that all States are eligible to receive under subparagraph (A) for any fiscal year, the Secretary shall ratably reduce those amounts for the f
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6614
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allocation of funds to local educational agencies**
(1) **In general** — From funds reserved by a State under [section 6611(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6611/c/1&num=0&edition=prelim) for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible local educational agencies from allocations described in paragraph (2).
(2) **Allocation formula** — From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of—
(A) an amount that bears the same relationship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all eligible local educational agencies in the State, as so determined; and
(B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the eligible local educational agencies in the State, as so determined.
(3) **Rule of construction** — Nothing in this section shall be construed to prohibit a consortium of local educational agencies that are designated with a locale code of 41, 42, or 43, or such local educational agencies designated with a locale code
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6631
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility** To be eligible to receive an allocation under [section 7115(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7115/a&num=0&edition=prelim), a local educational agency shall—
(1) submit an application, which shall contain, at a minimum, the information described in subsection (e), to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require; and
(2) complete a needs assessment in accordance with subsection (d).
**(b) Consortium** If a local educational agency desires to carry out the activities described in this subpart in consortium with one or more surrounding local educational agencies as described in [section 7115(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7115/a/3&num=0&edition=prelim), such local educational agencies shall submit a single application as required under subsection (a).
**(c) Consultation**
(1) **In general** — A local educational agency, or consortium of such agencies, shall develop its application through consultation with parents, teachers, principals, other school leaders, specialized instructional support personnel, students, community-based organizations, local government representatives (which may include a local law enforcement agency, local juvenile court, local child welfare agency, or local public housing agency), Indian tribes or tribal organizations that may be located in the region served by the local educational agency (where applicable), charter school teachers, principals, and other school leaders (if such agency or consortium of such agencies supports charter schools), and others with relevant and demonstrated expertise in pro
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7118
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfers by States**
(1) **In general** — In accordance with this part, a State may transfer all, or any lesser amount, of State funds (including funds transferred under paragraph (2)) allotted to the State for use for State-level activities under the following provisions for a fiscal year to one or more of the State’s allotments for such fiscal year under any other of such provisions:
(A) Part A of subchapter II.
(B) Part A of subchapter IV.
(C) [Section 7172(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7172/c/3&num=0&edition=prelim).
(2) **Additional funds** — In accordance with this part, a State may transfer any funds allotted to the State under a provision listed in paragraph (1) for a fiscal year to its allotment under any other of the following provisions:
(A) Part A of subchapter I.
(B) Part C of subchapter I.
(C) Part D of subchapter I.
(D) Part A of subchapter III.
(E) Part B.
**(b) Transfers by local educational agencies**
(1) **Authority to transfer funds**
(A) *In general* — In accordance with this part, a local educational agency may transfer all, or any lesser amount, of the funds allocated to it under each of the provisions listed in paragraph (2) for a fiscal year to one or more of its allocations for such fiscal year under any other provision listed in paragraph (2).
(B) *Additional funds* — In accordance with this part, a local educational agency may transfer any funds allotted to such agency under a provision listed in paragraph (2) for a fiscal year to its allotment under any other of the following provisions:
(i) Part A of subchapter I.
(ii) Part C of subchapter I.
(iii) Part D of subchapter I.
(iv) Part A of subchapter III.
(v) Par
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7305b
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7881&num=0&edition=prelim), 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** In making the determination under subsection (a), the Secretary shall consider one or more factors, including the quality, size, scope, and location of the program, and the opportunity of private school children, teachers, and other educational personnel to participate in the program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7882
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures for complaints** The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of [section 7881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7881&num=0&edition=prelim) by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State educational agency for a written resolution by the State educational agency within 45 days.
**(b) Appeals to Secretary** The resolution may be appealed by an interested party to the Secretary not later than 30 days after the State educational agency resolves the complaint or fails to resolve the complaint within the 45-day time limit. The appeal shall be accompanied by a copy of the State educational agency’s resolution, and, if there is one, a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7883
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