108 STAT. 3714 PUBLIC LAW 103-382—OCT. 20, 1994 to or contracts with other public or private agencies, institutions, or organizations. "(b) EQUAL EXPENDITURES.— Expenditures for programs pursuant to subsection (a) shall be equal (consistent with the number of children to be served) to expenditures for programs under this title for children enrolled in the public schools of the local educational agency, taking into account the needs of the individual children and other factors which relate to such expenditures, and when funds available to a local educational agency under this title are used to concentrate programs or projects on a particular group, attendance area, or grade or age level, children enrolled in private schools who are included within the group, attendance area, or grade or age level selected for such concentration shall, after consultation with the appropriate private school officials, be assured equitable participation in the purposes and benefits of such programs or projects. "(c) FUNDS.— "(1) ADMINISTRATION OF FUNDS AND PROPERTY. — The control of funds provided under this title, and title to materials, equipment, and property repaired, remodeled, or constructed with such funds, shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer such funds and property. "(2) PROVISION OF SERVICES.— The provision of services pursuant to this title shall be provided by employees of a public agency or through contract by such public agency with a person, an association, agency, or corporation who or which, in the provision of such services, is independent of such private school and of any religious organizations, and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this title shall not be commingled with State or local funds. "(d) STATE PROHIBITION WAIVER. —If by reason of any provision of law a State or local educational agency is prohibited from providing for the participation in programs of children enrolled in private elementary and secondary schools, as required by this section, the Secretary shall waive such requirements and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section. "(e) WAIVER AND PROVISION OF SERVICES.— "(1) FAILURE TO COMPLY. — If the Secretary determines that a State or a local educational agency has substantially failed or is unwilling to provide for the participation on an equitable basis of children enrolled in private elementary and secondary schools as required by this section, the Secretary may waive such requirements and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section. "(2) WITHHOLDING OF ALLOCATION.— Pending final resolution of any investigation or complaint that could result in a determination under this subsection or subsection (d), the Secretary may withhold from the allocation of the Eiffected State or local educational agency the amount estimated by the Secretary to be necessary to pay the cost of those services. " (f) DETERMINATION. —Any determination by the Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or inability on
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