Section 1412 (a) (10) (A) (v)

(v) Compliance

    (I) In general

  • A private school official shall have the right to submit a complaint to the State educational agency that the local educational agency did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official.
  • (II) Procedure

  • If the private school official wishes to submit a complaint, the official shall provide the basis of the noncompliance with this subparagraph 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. If the private school official is dissatisfied with the decision of the State educational agency, such official may submit a complaint to the Secretary by providing the basis of the noncompliance with this subparagraph by the local educational agency to the Secretary, and the State educational agency shall forward the appropriate documentation to the Secretary.

(vi) Provision of equitable services

    (I) Directly or through contracts

  • The provision of services pursuant to this subparagraph shall be provided—
    • (aa) by employees of a public agency; or
    • (bb) through contract by the public agency with an individual, association, agency, organization, or other entity.

    (II) Secular, neutral, nonideological

  • Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, shall be secular, neutral, and nonideological.

(vii) Public control of funds

  • The control of funds used to provide special education and related services under this subparagraph, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in this chapter, and a public agency shall administer the funds and property.
  • Severe Discrepancy
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    Last modified on November 7, 2019