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42 U.S.C. § 12528 — Federal, State, and local contributions

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42 U.S.C. § 12528 — Federal, State, and local contributions

Page 8308 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12527 Stat. 829, related to preparation, submission, and ap- proval of local applications, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12526, Pub. L. 101–610, title I, § 116, Nov. 16, 1990, 104 Stat. 3138; Pub. L. 102–384, § 4, Oct. 5, 1992, 106 Stat. 1455, prescribed Federal and local project contributions, prior to repeal by Pub. L. 103–82, § 103(a)(2). A prior section 114 of Pub. L. 101–610 was classified to section 12524 of this title prior to repeal by Pub. L. 103–82. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12527. Participation of students and teachers from private schools (a) In general To the extent consistent with the number of students in the State, in the territory, or served by the Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary schools and secondary schools, such State, territory, or Indian tribe, or agency shall (after consultation with appropriate private school representatives) make provision— (1) for the inclusion of services and arrange- ments for the benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry out the objectives and provide the bene- fits described in this part; and (2) for the training of the teachers of such students so as to allow for the equitable par- ticipation of such teachers in the programs implemented to carry out the objectives and provide the benefits described in this part. (b) Waiver

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Page 8308 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12527 Stat. 829, related to preparation, submission, and ap- proval of local applications, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12526, Pub. L. 101–610, title I, § 116, Nov. 16, 1990, 104 Stat. 3138; Pub. L. 102–384, § 4, Oct. 5, 1992, 106 Stat. 1455, prescribed Federal and local project contributions, prior to repeal by Pub. L. 103–82, § 103(a)(2). A prior section 114 of Pub. L. 101–610 was classified to section 12524 of this title prior to repeal by Pub. L. 103–82. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12527. Participation of students and teachers from private schools (a) In general To the extent consistent with the number of students in the State, in the territory, or served by the Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary schools and secondary schools, such State, territory, or Indian tribe, or agency shall (after consultation with appropriate private school representatives) make provision— (1) for the inclusion of services and arrange- ments for the benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry out the objectives and provide the bene- fits described in this part; and (2) for the training of the teachers of such students so as to allow for the equitable par- ticipation of such teachers in the programs implemented to carry out the objectives and provide the benefits described in this part. (b) Waiver If a State, territory, Indian tribe, or local edu- cational agency is prohibited by law from pro- viding for the participation of students or teach- ers from private nonprofit schools as required by subsection (a), or if the Corporation determines that a State, territory, Indian tribe, or local educational agency substantially fails or is un- willing to provide for such participation on an equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for the provision of services to such students and teachers. (Pub. L. 101–610, title I, § 115, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1473.) Editorial Notes PRIOR PROVISIONS A prior section 12527, Pub. L. 101–610, title I, § 115, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 830, related to consideration of applications, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12527, Pub. L. 101–610, title I, § 117, Nov. 16, 1990, 104 Stat. 3138; Pub. L. 102–10, § 4(5), Mar. 12, 1991, 105 Stat. 30, prescribed authorized uses of funds, prior to repeal by Pub. L. 103–82, § 103(a)(2). A prior section 115 of Pub. L. 101–610 was classified to section 12525 of this title prior to repeal by Pub. L. 103–82. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12528. Federal, State, and local contributions (a) Corporation share (1) In general The Corporation share of the cost of car- rying out a program for which a grant is made from an allotment under this part— (A) for new grants may not exceed 80 per- cent of the total cost of the program for the first year of the grant period, 65 percent for the second year, and 50 percent for each re- maining year; and (B) for continuing grants, may not exceed 50 percent of the total cost of the program. (2) Noncorporation contribution In providing for the remaining share of the cost of carrying out such a program, each re- cipient of such a grant under this part— (A) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; (B) except as provided in subparagraph (C), may provide for such share through Federal, State, or local sources, including private funds or donated services; and (C) may not provide for such share through Federal funds made available under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) [20 U.S.C. 6301 et seq.] or the Individuals with Disabil- ities Education Act (20 U.S.C. 1400 et seq.). (b) Waiver The Chief Executive Officer may waive the re- quirements of subsection (a) in whole or in part with respect to any such program for any fiscal year, on a determination that such a waiver would be equitable due to a lack of resources at the local level. (Pub. L. 101–610, title I, § 116, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1473.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(C), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6301 of Title 20 and Tables. The Individuals with Disabilities Education Act, re- ferred to in subsec. (a)(2)(C), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified gen- erally to chapter 33 (§ 1400 et seq.) of Title 20, Edu- cation. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. PRIOR PROVISIONS A prior section 12528, Pub. L. 101–610, title I, § 115A, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 831; amended Pub. L. 103–382, title III, § 394(h)(3), Oct. 20, 1994, 108 Stat. 4028, related to participation of students and teachers from private schools, prior to the general amendment of this part by Pub. L. 111–13. Page 8309 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12529 A prior section 116 of Pub. L. 101–610 was classified to section 12529 of this title prior to the general amend- ment of this part by Pub. L. 111–13. Another prior section 116 of Pub. L. 101–610 was classi- fied to section 12526 of this title prior to repeal by Pub. L. 103–82. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12529. Limitations on uses of funds Not more than 6 percent of the amount of as- sistance received by a State, territory, or Indian tribe that is the original recipient of an allot- ment under this part for a fiscal year may be used to pay, in accordance with such standards as the Corporation may issue, for administrative costs, incurred by that recipient. (Pub. L. 101–610, title I, § 117, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1474.) Editorial Notes PRIOR PROVISIONS A prior section 12529, Pub. L. 101–610, title I, § 116, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 832, related to Federal, State, and local contribu- tions, prior to the general amendment of this part by Pub. L. 111–13, effective Oct. 1, 2009. A prior section 117 of Pub. L. 101–610 was classified to section 12541 of this title prior to the general amend- ment of this part by Pub. L. 111–13. Another prior section 117 of Pub. L. 101–610 was classi- fied to section 12527 of this title prior to repeal by Pub. L. 103–82. Prior sections 12530, 12531, 12541 to 12547, and 12551, comprising former subpart B of this part relating to community-based service programs for school-age youth and former subpart C of this part relating to es- tablishment of a service-learning clearinghouse, were omitted in the general amendment of this part by Pub. L. 111–13. Section 12530, Pub. L. 101–610, title I, § 116A, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 832, set forth limitations on uses of funds. Section 12531, Pub. L. 101–610, title I, § 116B, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 833, defined terms used in former subpart A. Another prior section 12531, Pub. L. 101–610, title I, § 118, Nov. 16, 1990, 104 Stat. 3139; Pub. L. 102–10, § 4(6), Mar. 12, 1991, 105 Stat. 30, related to higher education innovative projects for community service, prior to re- peal by Pub. L. 103–82, § 103(b). Section 12541, Pub. L. 101–610, title I, § 117, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 833, defined terms used in former subpart B. Another prior section 12541, Pub. L. 101–610, title I, § 121, Nov. 16, 1990, 104 Stat. 3140, as amended, which prescribed general authority of Commission to make grants and transfer funds for youth corps programs, was renumbered section 199A of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655 of this title. Section 12542, Pub. L. 101–610, title I, § 117A, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 833, gave the Corporation grantmaking authority. Another prior section 12542, Pub. L. 101–610, title I, § 122, Nov. 16, 1990, 104 Stat. 3140, as amended, which re- lated to allocation of funds by Commission for con- servation and youth corps programs, was renumbered section 199B of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655a of this title. Section 12543, Pub. L. 101–610, title I, § 117B, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 834, set forth an application process for State grant eli- gibility. Another prior section 12543, Pub. L. 101–610, title I, § 123, Nov. 16, 1990, 104 Stat. 3141, as amended, which re- lated to applications for assistance by States, Indian tribes and other local applicants, was renumbered sec- tion 199C of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655b of this title. Section 12544, Pub. L. 101–610, title I, § 117C, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 834, set forth an application process for local grant eli- gibility. Another prior section 12544, Pub. L. 101–610, title I, § 124, Nov. 16, 1990, 104 Stat. 3143, as amended, which prescribed appropriate focus for conservation and youth service corps programs, was renumbered section 199D of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655c of this title. Section 12545, Pub. L. 101–610, title I, § 117D, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 835, set forth application consideration criteria. Another prior section 12545, Pub. L. 101–610, title I, § 125, Nov. 16, 1990, 104 Stat. 3144, which related to ad- ministration of related programs, was renumbered sec- tion 199E of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655d of this title. Section 12546, Pub. L. 101–610, title I, § 117E, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 836, related to Federal, State, and local contributions. Another prior section 12546, Pub. L. 101–610, title I, § 126, Nov. 16, 1990, 104 Stat. 3144, which related to pro- gram activities on public or Indian lands, was renum- bered section 199F of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655e of this title. Section 12547, Pub. L. 101–610, title I, § 117F, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 836, placed limitations on uses of funds. Another prior section 12547, Pub. L. 101–610, title I, § 127, Nov. 16, 1990, 104 Stat. 3145, which related to train- ing and education services, was renumbered section 199G of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to section 12655f of this title. A prior section 12548, Pub. L. 101–610, title I, § 128, Nov. 16, 1990, 104 Stat. 3146, as amended, which related to amount of award and matching requirement, was re- numbered section 199H of Pub. L. 101–610 by Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788, and transferred to section 12655g of this title, prior to re- peal by Pub. L. 103–82, § 101(e)(8)(A). A prior section 12549, Pub. L. 101–610, title I, § 129, Nov. 16, 1990, 104 Stat. 3146, which related to preference for certain projects, was successively renumbered sec- tion 199I, then 199H, of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and transferred to section 12655h of this title. A prior section 12550, Pub. L. 101–610, title I, § 130, Nov. 16, 1990, 104 Stat. 3146, as amended, which related to age and citizenship criteria for enrollment, was suc- cessively renumbered section 199J, then 199I, of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and trans- ferred to section 12655i of this title. Section 12551, Pub. L. 101–610, title I, § 118, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 836, required the Corporation to provide funds for a service-learning clearinghouse. Another prior section 12551, Pub. L. 101–610, title I, § 131, Nov. 16, 1990, 104 Stat. 3147, which related to use of volunteers in assisting program projects, was succes- sively renumbered section 199K, then 199J, of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), (e)(8)(B), and trans- ferred to section 12655j of this title. A prior section 12552, Pub. L. 101–610, title I, § 132, Nov. 16, 1990, 104 Stat. 3147, which related to post-serv- ice benefits, was renumbered section 199L of Pub. L. 101–610 by Pub. L. 103–82, § 101(a), and transferred to sec- tion 12655k of this title, prior to repeal by Pub. L. 103–82, § 101(e)(8)(A). A prior section 12553, Pub. L. 101–610, title I, § 133, Nov. 16, 1990, 104 Stat. 3147, as amended, which related to living allowance, was successively renumbered sec-

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

20 U.S.C. § 1400 — Short title; findings; purposes

**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”. **(b) Omitted** **(c) Findings** Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. (2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because— (A) the children did not receive appropriate educational services; (B) the children were excluded entirely from the public school system and from being educated with their peers; (C) undiagnosed disabilities prevented the children from having a successful educational experience; or (D) a lack of adequate resources within the public school system forced families to find services outside the public school system. (3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities. (4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities. (5) Almost 30 years of research and experience has

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

20 U.S.C. § 1400 — Short title; findings; purposes

Page 927 TITLE 20—EDUCATION § 1400 Section 1393e, Pub. L. 88–210, title I, § 196, as added Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88 Stat. 609, set forth application requirements for grants and contracts for bilingual vocational training pro- grams. Section 1393f, Pub. L. 88–210, title I, § 197, as added Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88 Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct. 12, 1976, 90 Stat. 2237, set forth criteria for approval by Commissioner of applications for grants and contracts for bilingual vocational training programs. CHAPTER 33—EDUCATION OF INDIVIDUALS WITH DISABILITIES SUBCHAPTER I—GENERAL PROVISIONS Sec. 1400. Short title; findings; purposes. 1401. Definitions. 1402. Office of Special Education Programs. 1403. Abrogation of State sovereign immunity. 1404. Acquisition of equipment; construction or al- teration of facilities. 1405. Employment of individuals with disabilities. 1406. Requirements for prescribing regulations. 1407. State administration. 1408. Paperwork reduction. 1409. Freely associated States. SUBCHAPTER II—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES 1411. Authorization; allotment; use of funds; au- thorization of appropriations. 1412. State eligibility. 1413. Local educational agency eligibility. 1414. Evaluations, eligibility determinations, indi- vidualized education programs, and edu- cational placements. 1415. Procedural safeguards. 1416. Monitoring, technical assistance, and en- forcement. 1417. Administration. 1418. Program information. 1419. Preschool grants. SUBCHAPTER III—INFANTS AND TODDLERS WITH DISABILITIES 1431. Findings and policy. 1432. Definitions. 1433. General authority. 1434. Eligib

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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. § 6301 — Statement of purpose

Page 1321 TITLE 20—EDUCATION § 6301 Pub. L. 106–113, Nov. 29, 1999, 113 Stat. 1501; Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654; Pub. L. 106–400, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 106–554, Dec. 21, 2000, 114 Stat. 2763; Pub. L. 107–20, July 24, 2001, 115 Stat. 155, and is classified to section 6301 et seq. of this title. Certain titles and parts of titles of the Act are shown, herein, however, as having been added by Pub. L. 107–110 with- out reference to such intervening amendments because of the extensive amendments, renumbering, and reorga- nization of these provisions by Pub. L. 107–110. SUBCHAPTER I—IMPROVING THE ACA- DEMIC ACHIEVEMENT OF THE DIS- ADVANTAGED Editorial Notes CODIFICATION Title I of the Elementary and Secondary Education Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, amended, and subsequently revised, restated, and amended by other public laws. Title I is shown, herein, as having been added by Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439, without reference to earlier amendments because of the extensive revision of the ti- tle’s provisions by Pub. L. 107–110. See Codification note preceding this chapter. § 6301. Statement of purpose 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. (Pub. L. 89–10, title I, § 1001, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439; amended Pub. L. 114–95, title I, § 1001, Dec. 10, 2015, 129 Stat. 1814.) Editorial Notes PRIOR PROVISIONS A prior section 6301, Pub. L. 89–10, title I, § 1001, as added Pub. L. 103–382, title I, § 101, Oct. 20,

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

20 U.S.C. § 6311 — Statement of purpose

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.

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

20 U.S.C. § 6311 — State plans

Page 1329 TITLE 20—EDUCATION § 6311 1 So in original. Probably should be ‘‘(29 U.S.C. 701 et seq.),’’. tion, ensure sufficient availability of seats in the public schools the local educational agen- cy will make available for public school choice options; (4) prioritize services to students who are lowest-achieving; (5) select providers of direct student serv- ices, which may include one or more of— (A) the local educational agency or other local educational agencies; (B) community colleges or other institu- tions of higher education; (C) non-public entities; (D) community-based organizations; or (E) in the case of high-quality academic tutoring, a variety of providers of such tu- toring that are selected and approved by the State and appear on the State’s list of such providers required under subsection (e)(2); (6) monitor the provision of direct student services; and (7) publicly report the results of direct stu- dent service providers in improving relevant student outcomes in a manner that is acces- sible to parents. (e) Providers and schools A State educational agency that reserves an amount under subsection (a) shall— (1) ensure that each local educational agen- cy that receives an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a suffi- cient number of options to provide a meaning- ful choice for parents; (2) compile and maintain an updated list of State-approved high-quality academic tutor- ing providers that— (A) is developed using a fair negotiation and rigorous selection and approval process; (B) provides parents with meaningful choices; (C) offers a range of tutoring models, in- cluding online and on campus; and (D) includes only providers that— (i) have a demonstrated re

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

42 U.S.C. § 12528 — Participation of students and teachers from private schools

**(a) In general** To the extent consistent with the number of students in the State, in the territory, or served by the Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary schools and secondary schools, such State, territory, or Indian tribe, or agency shall (after consultation with appropriate private school representatives) make provision— (1) for the inclusion of services and arrangements for the benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry out the objectives and provide the benefits described in this part; and (2) for the training of the teachers of such students so as to allow for the equitable participation of such teachers in the programs implemented to carry out the objectives and provide the benefits described in this part. **(b) Waiver** If a State, territory, Indian tribe, or local educational agency is prohibited by law from providing for the participation of students or teachers from private nonprofit schools as required by subsection (a), or if the Corporation determines that a State, territory, Indian tribe, or local educational agency substantially fails or is unwilling to provide for such participation on an equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for the provision of services to such students and teachers.

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