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

(a) Private school participation (1) In general: An agency, group of agencies, or other entity getting money under one of the listed programs must talk with private school officials first, in a real and timely way. Then it must give private-school children, teachers, and other staff nearby a fair share of special educational services or benefits, based on how many eligible children there are. (2) Secular, neutral, and nonideological services or benefits: Any services, materials, or equipment given to private schools under this section must be secular, neutral, and not push any ideology. (3) Special rule: (A) The services given to private-school children and staff must be as good as, and given as promptly as, the services given to public-school children and staff in the same program. (B) The State must have its ombudsman (the official created under section 6320) watch over and enforce these rules. (4) Expenditures: (A) The agency must spend about the same amount per private-school child as it spends per public-school child, based on need. (B) Money set aside for private-school children must be spent in the same fiscal year it is received. (C) The State agency must tell private school officials promptly how much funding has been set aside for their students. (5) Provision of services: The agency can provide these services itself, or pay a public or private organization to provide them. (b) Applicability (1) This section applies to specific federal programs: certain parts of subchapters I through IV of this chapter, and Project SERV under section 7281. (2) "Eligible children" means children who qualify for services under one of those listed programs. (c) Consultation (1) The agency must consult private school officials in a real, timely way, aiming to agree on things like: (A) how to identify children's needs; (B) what services to offer; (C) how, where, and by whom services are delivered; (D) how services will be checked and improved; (E) how much money is available and how that amount is set; (F) how and when the agency will decide on delivery, including weighing the private schools' views on using outside contractors; (G) whether the agency will deliver services itself, through another public entity, or through a contractor; and (H) whether to combine all eligible private-school children's funding into one pool, or split it proportionally based on how many low-income children attend private school. (2) If the agency decides not to use a contractor the private schools wanted, it must give the private schools a written explanation why. (3) This consultation must happen before any decision that affects private-school children's chances to take part, and must continue while the program runs. (4) The consultation must include discussing the different ways services could be delivered. (5) The local agency must keep, and give the State, a signed written statement from each private school confirming that real consultation happened. Private school officials can use that same form to say consultation did NOT happen or that the plan isn't fair. If a private school doesn't sign anything within a reasonable time, the local agency must send the State whatever proof it has that consultation happened or was attempted. (6) Compliance: (A) If a private school official believes the consultation with a local or educational service agency wasn't timely, meaningful, fair, or didn't properly weigh their views, they can file a complaint with the State. (B) To complain, they must explain why they think the agency failed, and everyone involved must supply supporting paperwork. (C) The State must step in and provide the services itself — directly or by contract — if private school officials ask the State to and prove the local agency did not meet the requirements of this section. (d) Public control of funds (1) A public agency, not a private school, must control the money and own any equipment or property bought with it, and must run the funds and property. (2) (A) Services must be delivered either by public agency employees, or by someone the public agency contracts with. (B) Whoever delivers the services — employee or contractor — must stay independent of the private school and of any religious organization, and must work under the public agency's control and supervision. (C) Money used for these services can never be mixed together with non-federal money.