20 U.S.C. § 6320 — Participation of children enrolled in pri-

Page 1363 TITLE 20—EDUCATION § 6320 Subsec. (d)(1). Pub. L. 114–95, § 1010(5)(B), substituted ‘‘the challenging State academic standards’’ for ‘‘the State’s student academic achievement standards’’ and struck out ‘‘, such as monitoring attendance, home- work completion, and television watching’’ after ‘‘chil- dren’s learning’’. Subsec. (d)(2)(D). Pub. L. 114–95, § 1010(5)(C), added subpar. (D). Subsec. (e)(1). Pub. L. 114–95, § 1010(6)(A), substituted ‘‘the challenging State academic standards’’ for ‘‘the State’s academic content standards and State student academic achievement standards’’. Subsec. (e)(2). Pub. L. 114–95, § 1010(6)(B), inserted ‘‘(including education about the harms of copyright pi- racy)’’ after ‘‘technology’’. Subsec. (e)(3). Pub. L. 114–95, § 1010(6)(C), substituted ‘‘specialized instructional support personnel, prin- cipals, and other school leaders’’ for ‘‘pupil services personnel, principals’’. Subsec. (e)(4). Pub. L. 114–95, § 1010(6)(D), substituted ‘‘other Federal, State, and local programs, including public preschool programs,’’ for ‘‘Head Start, Reading First, Early Reading First, Even Start, the Home In- struction Programs for Preschool Youngsters, the Par- ents as Teachers Program, and public preschool and other programs,’’. Subsec. (f). Pub. L. 114–95, § 1010(7), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: ‘‘In carrying out the parental in- volvement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide full opportunities for the participation of par- ents with limited English proficiency, parents with dis- abilities, and parents of migratory children, including providing information and school reports required under section 6311 of this title in a format and, to the extent practicable, in a language such parents under- stand.’’ Subsec. (g). Pub. L. 114–95, § 1010(8), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: ‘‘In a State where a parental infor- mation and resource center is established to provide training, information, and support to parents and indi- viduals who work with local parents, local educational agencies, and schools receiving assistance under this part, each local educational agency or school that re- ceives assistance under this part and is located in the State shall assist parents and parental organizations by informing such parents and organizations of the ex- istence and purpose of such centers.’’ Subsec. (h). Pub. L. 114–95, § 1010(9), substituted ‘‘par- ent and family engagement policies’’ for ‘‘parental in- volvement policies’’. 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. § 6319. Repealed. Pub. L. 114–95, title I, § 1000(1), Dec. 10, 2015, 129 Stat. 1814 Section, Pub. L. 89–10, title I, § 1119, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1505, related to qualifications for teachers and paraprofessionals. A prior section 6319, Pub. L. 89–10, title I, § 1118, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3550, related to parental involvement, prior to the gen- eral amendment of this subchapter by Pub. L. 107–110. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6320. Participation of children enrolled in pri- vate 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 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 consulta- tion with appropriate private school offi- cials, 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, edu- cational radio and television, computer equipment and materials, other technology, and mobile educational services and equip- ment) 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. (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 equi- table in comparison to services and other benefits for public school children partici- pating under this part, and shall be provided in a timely manner. (B) Ombudsman To help ensure such equity for such pri- vate school children, teachers, and other educational personnel, the State educational agency involved shall designate an ombuds- man to monitor and enforce the require- ments of this part. (4) Expenditures (A) Determination (i) In general Expenditures for educational services and other benefits to eligible private school children shall be equal to the pro- portion of funds allocated to participating school attendance areas based on the num- ber of children from low-income families who attend private schools. (ii) Proportional share The proportional share of funds shall be determined based on the total amount of Page 1364 TITLE 20—EDUCATION § 6320 1 So in original. A comma probably should appear. funds received by the local educational agency under this part prior to any allow- able expenditures or transfers by the local educational agency. (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 pro- vide notice in a timely manner to the appro- priate private school officials in the State of the allocation of funds for educational serv- ices and other benefits under this part that the local educational agencies have deter- mined are available for eligible private school children. (D) Term of determination The local educational agency may deter- mine the equitable share under subpara- graph (A) each year or every 2 years. (5) Provision of services The local educational agency, or, in a case described in subsection (b)(6)(C), the State educational agency involved, may provide services under this section directly or through contracts with public and private agencies, or- ganizations, and institutions. (b) Consultation (1) In general To ensure timely and meaningful consulta- tion, a local educational agency shall consult with appropriate private school officials dur- ing the design and development of such agen- cy’s programs under this part. 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, the results of which agreement shall be transmitted to the om- budsman designated under subsection (a)(3)(B). Such process shall include consultation on issues such as— (A) how the children’s needs will be identi- fied; (B) what services will be offered; (C) how, where, and by whom the services will be provided; (D) how the services will be academically assessed and how the results of that assess- ment will be used to improve those services; (E) the size and scope of the equitable services to be provided to the eligible pri- vate school children, the proportion of funds that is allocated under subsection (a)(4)(A) for such services, and how that proportion of funds is determined; (F) the method or sources of data that are used under subsection (c) and section 6313(c)(1) of this title to determine the num- ber of children from low-income families in participating school attendance areas who attend private schools; (G) how and when the agency will make decisions about the delivery of services to such children, including a thorough consid- eration and analysis of the views of the pri- vate school officials on the provision of serv- ices through a contract with potential third- party providers; (H) how, if the agency disagrees with the views of the private school officials on the provision of services through a contract, the local educational agency will provide in writing to such private school officials an analysis of the reasons why the local edu- cational agency has chosen not to use a con- tractor; (I) whether the agency shall provide serv- ices directly or through a separate govern- ment agency, consortium, entity, or third- party contractor; (J) 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 sub- section (a)(4)(A) based on all the children from low-income families in a partici- pating 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 allo- cated under subsection (a)(4)(A) based on the number of children from low-income families who attend private schools; (K) when, including the approximate time of day, services will be provided; and (L) whether to consolidate and use funds provided under subsection (a)(4) in coordina- tion with eligible funds available for services to private school children under applicable programs, as defined in section 7881(b)(1) of this title 1 to provide services to eligible pri- vate school children participating in pro- grams. (2) Disagreement If a local educational agency disagrees with the views of private school officials with re- spect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials the reasons why the local educational agency dis- agrees. (3) Timing Such consultation shall include meetings of agency and private school officials and shall occur before the local educational agency makes any decision that affects the opportuni- ties of eligible private school children to par- ticipate in programs under this part. Such meetings shall continue throughout imple- mentation and assessment of services provided under this section. (4) Discussion Such consultation shall include a discussion of service delivery mechanisms a local edu- cational agency can use to provide equitable services to eligible private school children. (5) Documentation Each local educational agency shall main- tain in the agency’s records and provide to the Page 1365 TITLE 20—EDUCATION § 6320 State educational agency involved a written affirmation signed by officials of each partici- pating private school that the meaningful con- sultation required by this section has oc- curred. The written affirmation shall provide the option for private school officials to indi- cate 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 docu- mentation that such consultation has, or at- tempts at such consultation have, taken place to the State educational agency. (6) Compliance (A) In general A private school official shall have the right to file a complaint with the State edu- cational agency asserting that the local edu- cational agency did not engage in consulta- tion that was meaningful and timely, did not give due consideration to the views of the private school official, or did not make a de- cision that treats the private school stu- dents equitably as required by this section. (B) Procedure If the private school official wishes to file a complaint, the official shall provide the basis of the noncompliance with this section by the local educational agency to the State educational agency, and the local edu- cational agency shall forward the appro- priate documentation to the State edu- cational agency. (C) State educational agencies A State educational agency shall provide services under this section directly or through contracts with public or private agencies, organizations, or 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 edu- cational agency involved has not met the requirements of this section in accordance with the procedures for making such a re- quest, as prescribed by the State edu- cational agency. (c) Allocation for equitable service to private school students (1) Calculation A local educational agency shall have the final authority, consistent with this section, to calculate the number of children, ages 5 through 17, who are from low-income families and attend private schools by— (A) using the same measure of low income used to count public school children; (B) using the results of a survey that, to the extent possible, protects the identity of families of private school students, and al- lowing such survey results to be extrapo- lated if complete actual data are unavail- able; (C) applying the low-income percentage of each participating public school attendance area, determined pursuant to this section, to the number of private school children who reside in that school attendance area; or (D) using an equated measure of low in- come correlated with the measure of low in- come used to count public school children. (2) Complaint process Any dispute regarding low-income data for private school students shall be subject to the complaint process authorized in section 7883 of this title. (d) 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, materials, equipment, and property. (2) Provision of services (A) Provider The provision of services under this sec- tion 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) Requirement In the provision of such services, such em- ployee, individual, association, agency, or organization shall be independent of such private school and of any religious organiza- tion, and such employment or contract shall be under the control and supervision of such public agency. (e) Standards for a bypass If a local educational agency is prohibited by law from providing for the participation in pro- grams on an equitable basis of eligible children enrolled in private elementary schools and sec- ondary schools, or if the Secretary determines that a local educational agency has substan- tially 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; (2) arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section and sections 7883 and 7884 of this title; and (3) in making the determination under this subsection, consider one or more factors, in- cluding the quality, size, scope, and location of the program and the opportunity of eligible children to participate. (Pub. L. 89–10, title I, § 1117, formerly § 1120, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1508; renumbered § 1117 and amended Pub. L. 114–95, title I, §§ 1000(3), 1011, Dec. 10, 2015, 129 Stat. 1814, 1871.) Editorial Notes PRIOR PROVISIONS A prior section 6320, Pub. L. 89–10, title I, § 1119, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. Page 1366 TITLE 20—EDUCATION § 6321 3555, related to professional development, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1117 of Pub. L. 89–10 was classified to section 6317 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1117 of Pub. L. 89–10 was classi- fied to section 6318 of this title prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–95, § 1011(1)(A), added par. (1) and struck out former par. (1). Prior to amend- ment, text read as follows: ‘‘To the extent consistent with the number of eligible children identified under section 6315(b) of this title in the school district served by a local educational agency who are enrolled in pri- vate elementary schools 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 tele- vision, computer equipment and materials, other tech- nology, and mobile educational services and equip- ment) that address their needs, and shall ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to sections 6318 and 6319 of this title.’’ Subsec. (a)(3). Pub. L. 114–95, § 1011(1)(B), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘Educational services and other benefits for such private school children shall be equi- table in comparison to services and other benefits for public school children participating under this part, and shall be provided in a timely manner.’’ Subsec. (a)(4). Pub. L. 114–95, § 1011(1)(C), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: ‘‘Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allo- cated to participating school attendance areas based on the number of children from low-income families who attend private schools, which the local educational agency may determine each year or every 2 years.’’ Subsec. (a)(5). Pub. L. 114–95, § 1011(1)(D), inserted ‘‘, or, in a case described in subsection (b)(6)(C), the State educational agency involved,’’ after ‘‘local edu- cational agency’’. Subsec. (b)(1). Pub. L. 114–95, § 1011(2)(A)(i), in intro- ductory provisions, substituted ‘‘part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and ef- fective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation on issues such as—’’ for ‘‘part, on issues such as—’’. Subsec. (b)(1)(E). Pub. L. 114–95, § 1011(2)(A)(ii), struck out ‘‘and’’ before ‘‘the proportion of funds’’, substituted ‘‘(a)(4)(A)’’ for ‘‘(a)(4)’’, and inserted ‘‘, and how that proportion of funds is determined’’ before semicolon at end. Subsec. (b)(1)(I) to (L). Pub. L. 114–95, § 1011(2)(A)(iii)–(v), added subpars. (I) to (L). Subsec. (b)(2) to (4). Pub. L. 114–95, § 1011(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5). Subsec. (b)(5). Pub. L. 114–95, § 1011(2)(B), (D), redesig- nated par. (4) as (5), inserted ‘‘meaningful’’ before ‘‘con- sultation’’ in first sentence, inserted second sentence, and substituted ‘‘such consultation has, or attempts at such consultation have, taken place’’ for ‘‘such con- sultation has taken place’’ in last sentence. Former par. (5) redesignated (6). Subsec. (b)(6). Pub. L. 114–95, § 1011(2)(B), redesignated par. (5) as (6). Subsec. (b)(6)(A). Pub. L. 114–95, § 1011(2)(E)(i), sub- stituted ‘‘right to file a complaint with’’ for ‘‘right to complain to’’, inserted ‘‘asserting’’ after ‘‘State edu- cational agency’’, struck out ‘‘or’’ before ‘‘did not give due consideration’’, and inserted ‘‘, or did not make a decision that treats the private school students equi- tably as required by this section’’ before period at end. Subsec. (b)(6)(B). Pub. L. 114–95, § 1011(2)(E)(ii), sub- stituted ‘‘wishes to file a complaint,’’ for ‘‘wishes to complain,’’. Subsec. (b)(6)(C). Pub. L. 114–95, § 1011(2)(E)(iii), added subpar. (C). Subsec. (c)(2). Pub. L. 114–95, § 1011(3), made technical amendment to reference in original act which appears in text as reference to section 7883 of this title. Subsec. (e)(2). Pub. L. 114–95, § 1011(4), 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. § 6321. Fiscal requirements (a) Maintenance of effort A local educational agency may receive funds under this part for any fiscal year only if the State educational agency involved finds that the local educational agency has maintained the agency’s fiscal effort in accordance with section 7901 of this title. (b) Federal funds to supplement, not supplant, non-Federal funds (1) In general A State educational agency or local edu- cational agency shall use Federal funds re- ceived under this part only to supplement the funds that would, in the absence of such Fed- eral funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds. (2) Compliance To demonstrate compliance with paragraph (1), a local educational agency shall dem- onstrate that the methodology used to allo- cate State and local funds to each school re- ceiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part. (3) Special rule No local educational agency shall be re- quired to— (A) identify that an individual cost or service supported under this part is supple- mental; or (B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compli- ance with paragraph (1). (4) Prohibition Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a local educational