[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR299.7]

[Page 566-567]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 299--GENERAL PROVISIONS--Table of Contents
 
       Subpart E--Services to Private School Students and Teachers
 
Sec. 299.7  What are the factors for determining equitable participation of children and teachers in private schools?

    (a) Equal expenditures. (1) Expenditures of funds made by an agency 
or consortium of agencies under a program listed in Sec. 299.6 (b) for 
services for eligible private school children and their teachers and 
other educational personnel must be equal on a per-pupil basis to the 
amount of funds expended for participating public school children and 
their teachers and other educational personnel, taking into account the 
number and educational needs of those children and their teachers and 
other educational personnel.
    (2) Before determining equal expenditures under paragraph (a)(1) of 
this section, an agency or consortium of agencies shall pay for the 
reasonable and necessary administrative costs of providing services to 
public and private school children and their teachers and other 
educational personnel from the agency's or consortium of agencies' total 
allocation of funds under the applicable ESEA program.
    (b) Services on an equitable basis. (1) The services that an agency 
or consortium of agencies provides to eligible private school children 
and their teachers and other educational personnel must also be 
equitable in comparison to the services and other benefits provided to 
public school children and their teachers or other educational personnel 
participating in a program under this subpart.
    (2) Services are equitable if the agency or consortium of agencies--
    (i) Addresses and assesses the specific needs and educational 
progress of eligible private school children and their teachers and 
other educational personnel on a comparable basis to public school 
children and their teachers and other educational personnel;
    (ii) Determines the number of students and their teachers and other 
educational personnel to be served on an equitable basis;
    (iii) Meets the equal expenditure requirements under paragraph (a) 
of this section; and
    (iv) Provides private school children and their teachers and other 
educational personnel with an opportunity to participate that--
    (A) Is equitable to the opportunity and benefits provided to public 
school children and their teachers and other educational personnel; and
    (B) Provides reasonable promise of participating private school 
children meeting challenging academic standards called for by the 
State's student performance standards and of private school teachers and 
other educational personnel assisting their students in meeting high 
standards.
    (3) The agency or consortium of agencies shall make the final 
decisions with respect to the services to be provided to eligible 
private school children and their teachers and the other educational 
personnel.
    (c) If the needs of private school children, their teachers and 
other educational personnel are different from the needs of children, 
teachers and

[[Page 567]]

other educational personnel in the public schools, the agency or 
consortium of agencies shall provide program benefits for the private 
school children, teachers, and other educational personnel that are 
different from the benefits it provides for the public school children 
and their teachers and other educational personnel.

(Authority: 20 U.S.C. 8893)