PUBLIC LAW 103-382--OCT. 20, 1994
108 STAT. 3557
under this part, except that this paragraph shall not apply
with respect to requirements under section 1116(d)(6).
" (i) INSTRUCTIONAL AIDES. —
"(1) IN GENERAL. — If a local educational agency uses funds
received under this part to employ instructional aides, the
local educational agency shall ensure that such aides—
"(A) possess the knowledge and skills sufficient to
assist participating children in meeting the educational
goals of this part;
"(B) have a secondary school diploma, or its recognized
equivalent, or earn either within two years of employment,
except that a local educational agency may employ an
instructional aide that does not meet the requirement of
this subparagraph if such aide possesses proficiency in
a language other than English that is needed to enhance
the participation of children in programs under this part;
and
"(C) are under the direct supervision of a teacher who
has primary responsibility for providing instructional services to eligible children.
"(2) INCLUSION IN ACTIVITIES.— Each local educational
agency receiving funds under this part, when feasible, shall
include instructional aides in professional development activities.
"SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 20 USC 6321.
SCHOOLS.
" (a) GENERAL REQUIREMENT. —
"(1) IN GENERAL.—To the extent consistent with the number
of eligible children identified under section 1115(b) in a local
educational agency who are enrolled in private elementary
and secondary schools, a local educational agency shall, after
timely and meaningful consultation with appropriate private
school officials, provide such children, on an equitable basis,
special educational services or other benefits under this part
(such as dual enrollment, educational radio and television, computer equipment and materials, other technology, and mobile
educational services and equipment).
"(2) SECULAR, ]^JEUTRAL, NONIDEOLOGICAL. —Such educational services or other benefits, including materials and
equipment, shall be secular, neutral, and nonideological.
"(3) EQUITY. —Educationsil services and other benefits for
such private school children shall be equitable in comparison
to services and other benefits for public school children participating under this part.
"(4) EXPENDITURES. — Expenditures for educational services
and other benefits to eligible private school children shall be
equal to the proportion of funds allocated to participating school
attendance areas based on the number of children from lowincome families who attend private schools.
"(5) PROVISION OF SERVICES.—The local educational agency
may provide such services directly or through contracts with
public and private agencies, organizations, and institutions.
"(b) CONSULTATION. —
"(1) IN GENERAL.—To ensure timely and meaningful consultation, a local educational agency shall consult with
appropriate private school officials during the design and devel-
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