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
�
