115 STAT. 1510 PUBLIC LAW 107-110-JAN. 8, 2002 "(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. "(4) DOCUMENTATION.—Each local educational agency shall maintain in the agency's records and provide to the State educational agency involved a written affirmation signed by officials of each participating private school that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation that such consultation has taken place to the State educational agency. "(5) COMPLIANCE.— " (A) IN GENERAL.—^A private school official shall have the right to complain to the State educational agency that the local educational agency did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official. "(B) PROCEDURE.—I f the private school official wishes to complain, the official shall provide the basis of the noncompliance with this section by the local educational agency to the State educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency. "(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL STUDENTS.— "(1) CALCULATION.—^A local educational agency shall have the final authority, consistent with this section, to calculate the number of children, ages 5 through 17, who are from low-income families and attend private schools by— "(A) using the same measure of low income used to count public school children; "(B) using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapolated if complete actual data are unavailable; "(C) applying the low-income percentage of each participating public school attendance area, determined pursuant to this section, to the number of private school children who reside in that school attendance area; or "(D) using an equated measure of low income correlated with the measure of low income used to count public school children. "(2) COMPLAINT PROCESS. — Any dispute regarding lowincome data for private school students shall be subject to the complaint process authorized in section 9505. " (d) 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, materials, equipment, and property. " (2) PROVISION OF SERVICES.— "(A) PROVIDER. —The provision of services under this section shall be provided— "(i) by employees of a public agency; or
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