Page:United States Statutes at Large Volume 108 Part 5.djvu/413

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3903 or through contracts with public and private agencies, organizations, and institutions. " (b) APPLICABILITY.— "(1) IN GENERAL,.— This section applies to programs Under— "(A) part C of title I (migrant education); "(B) title II (other than section 2103 and part C of such title); "(C) title VII; "(D) title III (other than part B of such title) (Star Schools); and "(E) part A of title IV (other than section 4114). "(2) DEFINITION. —For the purposes of this section, the term 'eligible children' means children eligible for services under a program described in paragraph (1). " (c) CONSULTATION.— "(1) IN GENERAL. —To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency or consortium of such agencies shall consult with appropriate private school officials during the design and development of the programs under this Act, on issues such as— "(A) how the children's needs will be identified; "(B) what services will be offered; "(C) how and where the services will be provided; and "(D) how the services will be assessed. "(2) TIMING. —Such consultation shall occur before the agency or consortium makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate in programs under this Act. "(3) DISCUSSION REQUIRED.— Such consultation shall include a discussion of service delivery mechanisms that the agency or consortium could use to provide equitable services to eligible private school children, teachers, administrators, and other staff. " (d) PUBLIC CONTROL OF FUNDS.— "(1) IN GENERAL. —The control of funds used to provide services under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer such funds and property. "(2) PROVISION OF SERVICES. — (A) The provision of services under this section shall be provided— "(i) by employees of a public agency; or "(ii) through contract by such public agency with an Contracts, individual, association, agency, or organization. "(B) In the provision of such services, such employee, person, association, agency, or organization shall be independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency. "(C) Funds used to provide services under this section shall not be commingled with non-Federal funds. - SEC. 14504. STANDARDS FOR BY-PASS. 20 USC 8894. "If, by reason of any provision of law, a State educational agency, local educational agency, educational service agency or