PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 1977 participate in programs under this Act, and shall continue throughout the implementation and assessment of activities under this section. "(4) DISCUSSION REQUIRED.— The consultation required by paragraph (1) shall include a discussion of service delivery mechanisms that the agency, consortium, or entity could use to provide equitable services to eligible private school children, teachers, administrators, and other staff. " (d) PUBLIC CONTROL OF FUNDS. — "(1) IN GENERAL.—The control of funds used to provide services under this section, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer the funds and property. "(2) PROVISION OF SERVICES. — "(A) IN GENERAL.—The provision of services under this section shall be provided— "(i) by employees of a public agency; or "(ii) through contract by the public agency with an individual, association, agency, organization, or other entity. "(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision of those services, the employee, person, association, agency, organization, or other entity shall be independent of the private school and of any religious organization, and the employment or contract shall be under the control and supervision of the public agency. "(C) COMMINGLING OF FUNDS PROHIBITED.— Funds used to provide services under this section shall not be commingled with non-Federal funds. "SEC. 9502. STANDARDS FOR BY-PASS. 20 USC 7882. "(a) IN GENERAL.—If, by reason of any provision of law, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or other entity is prohibited from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from, private elementary schools and secondary schools, on an equitable basis, or if the Secretary determines that the agency, consortium, or entity has substantially failed or is unwilling to provide for that participation, as required by section 9501, the Secretary shall— "(1) waive the requirements of that section for the agency, consortium, or entity; and "(2) arrange for the provision of equitable services to those children, teachers, or other educational personnel through arrangements that shall be subject to the requirements of this section and of sections 9501, 9503, and 9504. "(b) DETERMINATION.— In making the determination under subsection (a), the Secretary shall consider one or more factors, including the quality, size, scope, and location of the program, and the opportunity of private school children, teachers, and other educational personnel to participate in the program. "SEC. 9503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE 20 USC 7883. SCHOOL CHILDREN. "(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other 89-1940 -03- 32QL3 Part2
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