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What recourse is available if an LEA will not use its Title III funds to provide equitable services to private school children and educational personnel?

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What recourse is available if an LEA will not use its Title III funds to provide equitable services to private school children and educational personnel?

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Complaints about an LEA’s failure to provide equitable services to private school children and educational personnel must first be submitted to the State educational agency for resolution. The State’s resolution or failure to make a resolution may be appealed to the U.S. Department of Education. If an LEA is prohibited by State law from providing for the participation in Title III programs of eligible children or teachers or other educational personnel from private elementary and secondary schools on an equitable basis, or if the Secretary determines that an LEA has substantially failed or is unwilling to provide for such participation as required by Section 9501, the Secretary waives the requirements of that section and arranges for the provision of services by another entity. In making the determination to bypass an LEA, the Secretary considers one or more factors, including the quality, size, scope, and location of the program and the opportunity of private school children, teachers

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