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20 U.S.C. § 7883 — Complaint process for participation of private school children

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7883 — Complaint process for participation of private school children

**(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.

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Source file: Laws/federal/codes/united-states-code/title-20/section-7883-complaint-process-for-participation-of-private-school-children--96dc3fe4e9.md
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Source location: Title 20, Chapter 70, § 7883; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7881 — Participation by private school children and teachers

**(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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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6334 — Participation of children enrolled in private schools

**(a) General requirement** (1) **In general** — To the extent consistent with the number of eligible children identified under [section 6315(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6315/c&num=0&edition=prelim) in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall— (A) after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students’ academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs; and (B) ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to [section 6318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6318&num=0&edition=prelim). (2) **Secular, neutral, nonideological** — Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological. (3) **Equity** (A) *In general* — 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, and shall b

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7883 — Complaint process for participation of

Page 1639 TITLE 20—EDUCATION § 7884 3794, authorized appropriations, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 8001(b)(4), made technical amendment to reference in original act which appears in two places in text as reference to section 7881 of this title. Subsec. (a)(2). Pub. L. 114–95, § 8016, made technical amendment to reference in original act which appears in text as reference to sections 7883 and 7884 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7883. Complaint process for participation of private school children (a) Procedures for complaints The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teach- ers, or other individuals and organizations con- cerning violations of section 7881 of this title 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 resolu- tion by the State educational agency within 45 days. (b) Appeals to Secretary The resolution may be appealed by an inter- ested 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 r

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