118 STAT. 130 PUBLIC LAW 108–199—JAN. 23, 2004 succeeding year of an eligible student’s participation in a pro gram under this title, to a student who comes from a household whose income does not exceed 200 percent of the poverty line. (b) ADMINISTRATIVE EXPENSES.—A grantee may use not more than 3 percent of the amount provided under the grant each year for the administrative expenses of carrying out its program under this title during the year, including— (1) determining the eligibility of students to participate; (2) providing information about the program and the schools involved to parents of eligible students; (3) selecting students to receive scholarships; (4) determining the amount of scholarships and issuing the scholarships to eligible students; (5) compiling and maintaining financial and programmatic records; and (6) providing funds to assist parents in meeting expenses that might otherwise preclude the participation of their child in the program. SEC. 308. NONDISCRIMINATION. (a) IN GENERAL.—An eligible entity or a school participating in any program under this title shall not discriminate against program participants or applicants on the basis of race, color, national origin, religion, or sex. (b) APPLICABILITY AND SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.— (1) IN GENERAL.—Notwithstanding any other provision of law, the prohibition of sex discrimination in subsection (a) shall not apply to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of subsection (a) is inconsistent with the religious tenets or beliefs of the school. (2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.—Notwith standing subsection (a) or any other provision of law, a parent may choose and a school may offer a single sex school, class, or activity. (3) APPLICABILITY.—For purposes of this title, the provi sions of section 909 of the Education Amendments of 1972 (20 U.S.C. 1688) shall apply to this title as if section 909 of the Education Amendments of 1972 (20 U.S.C. 1688) were part of this title. (c) CHILDREN WITH DISABILITIES.—Nothing in this title may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act. (d) RELIGIOUSLY AFFILIATED SCHOOLS.— (1) IN GENERAL.—Notwithstanding any other provision of law, a school participating in any program under this title that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1 et seq.), including the exemp tions in such title. (2) MAINTENANCE OF PURPOSE.—Notwithstanding any other provision of law, funds made available under this title to eligible students that are received by a participating school, as a result of their parents’ choice, shall not, consistent with the first
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