115 STAT. 1976 PUBLIC LAW 107-llO^JAN. 8, 2002 "(D) part B of title II; "(E) part D of title II; "(F) part A of title III; "(G) part A of title IV; and "(H) part B of title IV. "(2) DEFINITION.— For the purpose of this section, the term 'eligible children' means children eligible for services under a program described in paragraph (1). "(3) APPLICATION. — (A) Except as provided in subparagraph (B), this subpart, including subsection (a)(4), applies to funds awarded to a local educational agency under part A of title II only to the extent that the local educational agency uses funds under that part to provide professional development to teachers and others. "(B) Subject to subparagraph (A), the share of the local educational agency's subgrant under part A of title II that is used for professional development and subject to a determination of equitable expenditures under subsection (a)(4) shall not be less than the aggregate share of that agency's awards that were used for professional development for fiscal year 2001 under section 2203(1)(B) (as such section was in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001) and section 306 of the Department of Education Appropriations Act, 2001. "(c) CONSULTATION. — "(1) IN GENERAL. — To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials during the design and development of the programs under this Act, 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 assessed and how the results of the 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, teachers, and other educational personnel and the amount of funds available for those services; and "(F) how and when the agency, consortium, or entity will make decisions about the delivery of services, including a thorough consideration and analysis of the views of the private school officials on the provision of contract services through potential third-party providers. "(2) DISAGREEMENT.— I f the agency, consortium, or entity disagrees with the views of the private school officials on the provision of services through a contract, the agency, consortium, or entity shall provide to the private school officials a written explanation of the reasons why the local educational agency has chosen not to use a contractor. "(3) TIMING.— The consultation required by paragraph (1) shall occur before the agency, consortium, or entity makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to
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