20 U.S.C. § 6320
To the extent consistent with the number of eligible children identified under section 6315(c) of this title in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall-
Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological.
Educational 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, and shall be provided in a timely manner.
To help ensure such equity for such private school children, teachers, and other educational personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this part.
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 low-income families who attend private schools.
The proportional share of funds shall be determined based on the total amount of funds received by the local educational agency under this part prior to any allowable expenditures or transfers by the local educational agency.
Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.
Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this part that the local educational agencies have determined are available for eligible private school children.
The local educational agency may determine the equitable share under subparagraph (A) each year or every 2 years.
The local educational agency, or, in a case described in subsection (b)(6)(C), the State educational agency involved, may provide services under this section directly or through contracts with public and private agencies, organizations, and institutions.
To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency's programs under this part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation on issues such as-
If a local educational agency disagrees with the views of private school officials with respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials the reasons why the local educational agency disagrees.
Such consultation shall include meetings of agency and private school officials and shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children to participate in programs under this part. Such meetings shall continue throughout implementation and assessment of services provided under this section.
Such consultation shall include a discussion of service delivery mechanisms a local educational agency can use to provide equitable services to eligible private school children.
Each local educational agency shall maintain in the agency's records and provide to the State educational agency involved a written affirmation signed by officials of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials to indicate such officials' belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency.
A private school official shall have the right to file a complaint with the State educational agency asserting that the local educational agency did not engage in consultation that was meaningful and timely, did not give due consideration to the views of the private school official, or did not make a decision that treats the private school students equitably as required by this section.
If the private school official wishes to file a complaint, the official shall provide the basis of the noncompliance with this section by the local educational agency to the State educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency.
A State educational agency shall provide services under this section directly or through contracts with public or private agencies, organizations, or institutions, if the appropriate private school officials have-
A local educational agency shall have the final authority, consistent with this section, to calculate the number of children, ages 5 through 17, who are from low-income families and attend private schools by-
Any dispute regarding low-income data for private school students shall be subject to the complaint process authorized in section 7883 of this title.
The control of funds provided under this part, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property.
The provision of services under this section shall be provided-
In the provision of such services, such employee, individual, association, agency, or organization shall be independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency.
If a local educational agency is prohibited by law from providing for the participation in programs on an equitable basis of eligible children enrolled in private elementary schools and secondary schools, or if the Secretary determines that a local educational agency has substantially failed or is unwilling, to provide for such participation, as required by this section, the Secretary shall-
1 So in original. A comma probably should appear.
20 U.S.C. § 6320
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 6320, Pub. L. 89-10, title I, §1119, as added Pub. L. 103-382, §101, 108 Stat. 3555, related to professional development, prior to the general amendment of this subchapter by Pub. L. 107-110. A prior section 1117 of Pub. L. 89-10 was classified to section 6317 of this title, prior to repeal by Pub. L. 114-95.Another prior section 1117 of Pub. L. 89-10 was classified to section 6318 of this title prior to the general amendment of this subchapter by Pub. L. 107-110.
AMENDMENTS2015-Subsec. (a)(1). Pub. L. 114-95, §1011(1)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "To the extent consistent with the number of eligible children identified under section 6315(b) of this title in the school district served by a local educational agency who are enrolled in private elementary schools 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) that address their needs, and shall ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to sections 6318 and 6319 of this title."Subsec. (a)(3). Pub. L. 114-95, §1011(1)(B), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "Educational 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, and shall be provided in a timely manner."Subsec. (a)(4). Pub. L. 114-95, §1011(1)(C), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "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 low-income families who attend private schools, which the local educational agency may determine each year or every 2 years." Subsec. (a)(5). Pub. L. 114-95, §1011(1)(D), inserted ", or, in a case described in subsection (b)(6)(C), the State educational agency involved," after "local educational agency". Subsec. (b)(1). Pub. L. 114-95, §1011(2)(A)(i), in introductory provisions, substituted "part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation on issues such as-" for "part, on issues such as-". Subsec. (b)(1)(E). Pub. L. 114-95, §1011(2)(A) (ii), struck out "and" before "the proportion of funds", substituted "(a)(4)(A)" for "(a)(4)", and inserted ", and how that proportion of funds is determined" before semicolon at end. Subsec. (b)(1)(I) to (L). Pub. L. 114-95, §1011(2)(A) (iii)-(v), added subpars. (I) to (L).Subsec. (b)(2) to (4). Pub. L. 114-95, §1011(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5).Subsec. (b)(5). Pub. L. 114-95, §1011(2)(B), (D), redesignated par. (4) as (5), inserted "meaningful" before "consultation" in first sentence, inserted second sentence, and substituted "such consultation has, or attempts at such consultation have, taken place" for "such consultation has taken place" in last sentence. Former par. (5) redesignated (6). Subsec. (b)(6). Pub. L. 114-95, §1011(2)(B), redesignated par. (5) as (6).Subsec. (b)(6)(A). Pub. L. 114-95, §1011(2)(E)(i), substituted "right to file a complaint with" for "right to complain to", inserted "asserting" after "State educational agency", struck out "or" before "did not give due consideration", and inserted ", or did not make a decision that treats the private school students equitably as required by this section" before period at end.Subsec. (b)(6)(B). Pub. L. 114-95, §1011(2)(E) (ii), substituted "wishes to file a complaint," for "wishes to complain,".Subsec. (b)(6)(C). Pub. L. 114-95, §1011(2)(E) (iii), added subpar. (C).Subsec. (c)(2). Pub. L. 114-95, §1011(3), made technical amendment to reference in original act which appears in text as reference to section 7883 of this title.Subsec. (e)(2). Pub. L. 114-95, §1011(4), made technical amendment to reference in original act which appears in text as reference to sections 7883 and 7884 of this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.
- Secretary
- The term "Secretary" means the Secretary of Education.
- State educational agency
- The term "State educational agency" means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.
- State
- The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
- professional development
- The term "professional development" means activities that-(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that-(i) improve and increase teachers'-(I) knowledge of the academic subjects the teachers teach;(II) understanding of how students learn; and(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;(ii) are an integral part of broad schoolwide and districtwide educational improvement plans;(iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback;(iv) improve classroom management skills;(v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification;(vi) advance teacher understanding of-(I) effective instructional strategies that are evidence-based; and(II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers;(vii) are aligned with, and directly related to, academic goals of the school or local educational agency;(viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this chapter;(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of subchapter I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;(xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and(xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.
- technology
- The term "technology" means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.