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Participation of Eligible Children in Private Schools.   

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Responsibilities for providing services to private school children.

(a) After timely and meaningful consultation with appropriate officials of private schools, an LEA must--

(1) In accordance with Sec. Sec. 200.62 through 200.67 and section

1120 of the ESEA, provide special educational services or other benefits under subpart A of this part, on an equitable basis and in a timely manner, to eligible children who are enrolled in private elementary and secondary schools; and (2) Ensure that teachers and families of participating private school children participate on a basis equitable to the participation of teachers and families of public school children receiving these services in accordance with Sec. 200.65.

(b)(1) Eligible private school children are children who--

(i) Reside in participating public school attendance areas of the LEA, regardless of whether the private school they attend is located in the LEA; and

(ii) Meet the criteria in section 1115(b) of the ESEA.

(2) Among the eligible private school children, the LEA must select children to participate, consistent with Sec. 200.64.

(c) The services and other benefits an LEA provides under this section must be secular, neutral and nonideological.

(Approved by the Office of Management and Budget under control number 1810-0581)

(Authority: 20 USC 6315(b); 6320(a))

(Added by Federal Register, Vol.67, No.231 December 2,2002 effective January 2,2003.)