Page:United States Statutes at Large Volume 108 Part 5.djvu/67

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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-