PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 1509 "(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological. "(3) EQUITY. —Educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this part, and shall be provided in a timely manner. "(4) EXPENDITURES. —Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from lowincome families who attend private schools, which the local educational agency may determine each year or every 2 years. "(5) PROVISION OF SERVICES. —The local educational agency may provide services under this section directly or through contracts with public and private agencies, organizations, and institutions. "(b) CONSULTATION. — "(1) IN GENERAL. —To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development 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, where, and by whom the services will be provided; "(D) how the services will be academically assessed and how the results of that assessment will be used to improve those services; "(E) the size and scope of the equitable services to be provided to the eligible private school children, and the proportion of funds that is allocated under subsection (a)(4) for such services; "(F) the method or sources of data that are used under subsection (c) and section 1113(c)(1) to determine the number of children from low-income families in participating school attendance areas who attend private schools; "(G) how and when the agency will make decisions about the delivery of services to such children, including a thorough consideration and analysis of the views of the private school officials on the provision of services through a contract with potential third-party providers; and "(H) how, if the agency disagrees with the views of the private school officials on the provision of services through a contract, the local educational agency will provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to use a contractor. "(2) TIMING. —Such consultation shall include meetings of agency and private school officials and 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. Such meetings shall continue throughout implementation and assessment of services provided under this section.
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