108 STAT. 3558
PUBLIC LAW 103-382—OCT. 20, 1994
opment of such agency's programs under this part, 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;
"(D) how the services will be assessed; and
"(E) the size and scope of the equitable services to
be provided to the eligible private school children, and
what is the proportion of funds allocated under subsection
(a)(4) for such services.
"(2) TIMING.—Such consultation shall occur before the local
educational agency makes any decision that affects the
opportunities of eligible private school children to participate
in programs under this part.
"(3) DISCUSSION. —Such consultation shall include a discussion of service delivery mechanisms a local educational agency
can use to provide equitable services to eligible private school
children.
" (c) 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 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
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.
"(d) STANDARDS FOR A BYPASS.—I f a local educational agency
is prohibited by law from providing for the participation on an
equitable basis of eligible children enrolled in private elementary
and secondary schools or if the Secretary determines that a local
educational agency has substantially 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; and
"(2) arrange for the provision of services to such children
through arrangements that shall be subject to the requirements
of this section and sections 14505 and 14506.
" (e) CAPITAL EXPENSES. —
"(1) IN GENERAL. —(A) From the amount appropriated for
this subsection under section 1002(e) for any fiscal year, each
State is eligible to receive an amount that bears the same
ratio to the amount so appropriated as the number of private
school children who received services under this part in the
State in the most recent year for which data satisfactory to
the Secretary are available bears to the number of such children
in all States in that same year.
"(B) The Secretary shall reallocate any amounts allocated
under subparagraph (A) that are not used by a State for the
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