PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1715 "(i) the program funded with the grant will be integrated with the overall educational program of the children served through the proposed program; and "(ii) the application has been developed in consultation with parents and other representatives of the children to be served in such program. "(h) APPROVAL OF APPLICATIONS. —An application for a grant under this subpart may be approved only if the Secretary determines that— "(1) the program proposed in the application will use qualified personnel, including personnel who are proficient in the language or languages used for instruction; "(2) in designing the program, the eligible entity has, after consultation with appropriate private school officials— "(A) taken into account the needs of children in nonprofit private elementary schools and secondary schools; and "(B) in a manner consistent with the number of such children enrolled in such schools in the area to be served, whose educational needs are of the type and whose language, and grade levels are of a similar type to the needs, language, and grade levels that the program is intended to address, provided for the participation of such children on a basis comparable to the basis on which public school children participate; "(3)(A) student evaluation and assessment procedures in the program are valid and reliable for limited English proficient children; and "(B) limited English proficient children with disabilities will be identified and served through the program in accordance with the requirements of the Individuals with Disabilities Education Act; "(4) Federal funds made available for the program will be used to supplement the State and local funds that, in the absence of such Federal funds, would be expended for special programs for children of limited English proficient individuals, and in no case to supplant such State and local funds, except that nothing in this paragraph shall be construed to preclude a local educational agency from using funds made available under this subpart— "(A) for activities carried out under an order of a Federal or State court respecting services to be provided to such children; or "(B) to carry out a plan approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 with respect to services to be provided to such children; "(5)(A) the assistance provided through the grant will contribute toward building the capacity of the eligible entity to provide a program on a regular basis, similar to the proposed program, that will be of sufficient size, scope, and quality to promise significant improvement in the education of limited English proficient children; and "(B) the eligible entity will have the resources and commitment to continue the program of sufficient size, scope, and quality when assistance under this subpart is reduced or no longer available; and
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