Since the inception of the ESEA, private school children have been included in Title I and other programs. The 1994 amendments continue to require States and school districts to provide for equitable participation of private school children. The general provisions of ESEA Title XIV, as well as specific provisions of Title I and Title VI, vest States and school districts with responsibilities for ensuring participation of private school children in federal programs on an equitable basis. SEAs and LEAs must develop ESEA services in meaningful and timely consultation with private school officials. In cases where an SEA or LEA is prohibited by law from serving private school children, or has failed to do so, the Secretary of Education bypasses the agency and directly arranges services for private school children.
Public agencies retain control of funds used to serve private school children.
Services are delivered by public agency employees or through contracts between a public agency and an individual, agency, or organization. Educational services for both public and private school children must be secular, neutral, and nonideological. Other provisions of the ESEA also aim to promote equity in education. The Magnet Schools Assistance program furthers school desegregation by promoting development of new magnet schools and programs, which attract a diverse student body with a special curriculum. Revisions to this program encourage greater interaction between students participating in the magnet program and other students in the same school and advocate projects that serve a wider range of students than are currently participating.