(a) In order to have timely and meaningful consultation, an LEA must consult with appropriate officials of private schools during the design and development of the LEA's program for eligible private school children.
(b) At a minimum, the LEA must consult on the following:
(1) How the LEA will identify the needs of eligible private school children.
(2) What services the LEA will offer to eligible private school children.
(3) How and when the LEA will make decisions about the delivery of services.
(4) How, where, and by whom the LEA will provide services to eligible private school children.
(5) How the LEA will assess academically the services to eligible private school children in accordance with Sec. 200.10, and how the LEA will use the results of that assessment to improve Title I services.
(6) The size and scope of the equitable services that the LEA will provide to eligible private school children, and, consistent with Sec.
200.64, the proportion of funds that the LEA will allocate for these services.
(7) The method or sources of data that the LEA will use under Sec. 200.78 to determine the number of private school children from low-income families residing in participating public school attendance areas, including whether the LEA will extrapolate data if a survey is used.
(8) The equitable services the LEA will provide to teachers and families of participating private school children.
(c)(1) Consultation by the LEA must--
(i) Include meetings of the LEA and appropriate officials of the private schools; and (ii) Occur before the LEA makes any decision that affects the opportunity of eligible private school children to participate in Title I programs.
(2) The LEA must meet with officials of the private schools throughout the implementation and assessment of the Title I services.
(d)(1) Consultation must include--
(i) A discussion of service delivery mechanisms the LEA can use to provide
equitable services to eligible private school children; and (ii) A thorough consideration and analysis of the views of the officials of the private schools on the provision of services through a contract with a third-party provider.
(2) If the LEA disagrees with the views of the officials of the private schools on the provision of services through a contract, the LEA must provide in writing to the officials of the private schools the reasons why the LEA chooses not to use a contractor.
(e)(1) The LEA must maintain in its records and provide to the SEA a written affirmation, signed by officials of each private school with participating children or appropriate private school representatives, that the required consultation has occurred.
(2) If the officials of the private schools do not provide the affirmations within a reasonable period of time, the LEA must submit to the SEA documentation that the required consultation occurred.
(f) An official of a private school has the right to complain to the SEA that the LEA did not--
(1) Engage in timely and meaningful consultation; or (2) Consider the views of the official of the private school.
(Approved by the Office of Management and Budget under control number 1810-0581)
(Authority: 20 USC 6320(b))
(Amended by by Federal Register, Vol.67, No.231 December 2,2002 effective January 2,2003.)