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

   1. (1) In accordance with §§ 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. (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 § 200.65.

2. (b)

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

      1. (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
      2. (ii) Meet the criteria in section 1115(b) of the ESEA.
   2. (2) Among the eligible private school children, the LEA must select children to participate, consistent with § 200.64.

3. (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 U.S.C. 6315(b); 6320(a))

[67 FR 71732, Dec. 2, 2002. Redesignated at 81 FR 86242, Nov. 29, 2016]