PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1511 "(ii) through contract by such public agency with an individual, association, agency, or organization. "(B) REQUIREMENT.—In the provision of such services, such employee, individual, 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. "(e) STANDARDS FOR A BYPASS.—I f a local educational agency is prohibited by law from providing for the participation in programs on an equitable basis of eligible children enrolled in private elementary schools and secondary schools, or if the Secretary determines that a local educational agency has substantially failed or is unwilling, to provide Ibr such participation, as required by this section, the Secretary shall— "(1) waive the requirements of this section for such local educational agency; "(2) arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section and sections 9503 and 9504; and "(3) in making the determination under this subsection, consider one or more factors, including the quality, size, scope, and location of the program and the opportunity of eligible children to participate. "SEC. 1120A. FISCAL REQUIREMENTS. 20 USC 6321. "(a) MAINTENANCE OF EFFORT. —^A local educational agency may receive funds under this part for any fiscal year only if the State educational agency involved finds that the local educational agency has maintained the agency's fiscal effort in accordance with section 952L " (b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NON- FEDERAL FUNDS. — "(1) IN GENERAL.— ^A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs assisted under this part, and not to supplant such funds. "(2) SPECIAL RULE.— No local educational agency shall be required to provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency's compliance with paragraph (1). " (c) COMPARABILITY OF SERVICES.— "(1) IN GENERAL.— "(A) COMPARABLE SERVICES. — Except as provided in paragraphs (4) and (5), a local educational agency may receive funds under this part only if State and local funds will be used in schools served under this part to provide services that, taken as a whole, are at least comparable to services in schools that are not receiving funds under this part. " (B) SUBSTANTIALLY COMPARABLE SERVICES. — I f the local educational agency is serving all of such agency's schools under this part, such agency may receive funds under this part only if such agency will use State and
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