HR 366 PCS 
after consultation with appropriate private school of-
ficials—
‘‘(A) shall provide, on an equitable basis 
and as may be necessary, for the benefit of 
such children in such schools, secular, neutral, 
and nonideological services (or other benefits), 
materials, and equipment, including the partici-
pation of the teachers of such children (and 
other educational personnel serving such chil-
dren) in training programs; or 
‘‘(B) if such services, materials, and equip-
ment are not feasible or necessary in one or 
more such private schools (as determined by the 
local educational agency after consultation with 
the appropriate private school officials), shall 
provide such other arrangements as will assure 
equitable participation of such children in the 
purposes and benefits of this Act. 
‘‘(2) APPLICATION
OF
REQUIREMENTS.—The 
requirements of this section relating to the participa-
tion of children, teachers, and other personnel serv-
ing such children shall apply to programs carried 
out under this Act by an eligible agency or local edu-
cational agency, whether directly or through grants
HR 366 PCS 
to, or contracts with, other public or private agen-
cies, institutions, or organizations. 
‘‘(b) EQUAL EXPENDITURES.—
‘‘(1) IN GENERAL.—Expenditures for programs 
under subsection (a) shall be equal (consistent with 
the number of children to be served) to expenditures 
for programs under this Act for children enrolled in 
the public schools of the local educational agency. 
‘‘(2) CONCENTRATED PROGRAMS.—When funds 
available to a local educational agency under this 
Act are used to concentrate programs on a par-
ticular group, attendance area, or grade or age level, 
the local educational agency shall, after consultation 
with the appropriate private school officials, assure 
the equitable participation in both the purposes and 
benefits of such programs for children enrolled in 
private schools who are included within the group, 
attendance area, or grade or age level selected for 
such concentration, taking into account the needs of 
the individual children and other factors that relate 
to the expenditures referred to in paragraph (1). 
‘‘(c) ADMINISTRATIVE REQUIREMENTS.—
‘‘(1) FUNDS, MATERIALS AND EQUIPMENT.—
HR 366 PCS 
‘‘(A) FUNDS.—The control of funds ex-
pended under this section shall be administered 
by a public agency. 
‘‘(B) MATERIALS AND EQUIPMENT.—The 
title to materials and equipment provided under 
this section, shall remain with a public agency 
for the uses and purposes provided in this Act. 
‘‘(2) PROVISION OF SERVICES.—Services pro-
vided under this Act shall be provided by employees 
of a public agency or through contract by such a 
public agency with a person, association, agency, or-
ganization, institution or corporation that, in the 
provision of such services, is independent of the pri-
vate school and of any religious organizations, and 
such employment or contract shall be under the con-
trol and supervision of such a public agency. The 
funds utilized under this section shall not be com-
mingled with State or local funds. 
‘‘(3) TIMING
AND
CONTENT
OF
CONSULTA-
TION.—The consultation required under this section 
shall include meetings of agency and private school 
officials and shall occur before the eligible agency 
and local educational agency makes any decision 
that affects the opportunities of eligible private 
school children to participate in programs under this
HR 366 PCS 
Act. Such meetings shall include a discussion of 
service delivery mechanisms (including third party 
contractors) and shall continue throughout imple-
mentation and assessment of services under this Act. 
‘‘(d) WAIVER AND BYPASS PROCEDURES.—
‘‘(1) STATE PROHIBITION.—If an eligible agen-
cy or local educational agency is prohibited, by rea-
son of any provision of law, from providing for the 
participation in programs of children enrolled in pri-
vate elementary schools and secondary schools as re-
quired by subsections (a) through (c), the Secretary 
shall waive such requirements for the agency in-
volved and shall arrange for the provision of services 
to such children through arrangements that shall be 
subject to the requirements of this section. 
‘‘(2) FAILURE TO COMPLY.—If the Secretary 
determines that an eligible agency or a local edu-
cational agency has substantially failed, or is unwill-
ing, to provide for the participation on an equitable 
basis of children enrolled in private elementary 
schools and secondary schools as required by sub-
sections (a) through (c), the Secretary may waive 
such requirements and shall arrange for the provi-
sion of services to such children through arrange-
HR 366 PCS 
ments that shall be subject to the requirements of 
this section. 
‘‘(3) PAYMENT
FROM
STATE
ALLOTMENT.—
When the Secretary arranges for services under this 
subsection, the Secretary shall, after consultation 
with the appropriate public school and private school 
officials, pay the cost of such services, including the 
administrative costs of arranging for those services, 
from the appropriate allotment of the eligible agency 
under this Act. 
‘‘(4) DURATION OF DETERMINATION.—Any de-
termination by the Secretary under this section shall 
continue in effect until the Secretary determines 
that there will no longer be any failure or inability 
on the Act of the eligible agency or local educational 
agency to meet the requirements of subsections (a) 
through (c). 
‘‘(5) REVIEW OF DETERMINATION.—The Sec-
retary shall not take any final action under this sec-
tion until the eligible agency and the local edu-
cational agency affected by such action have had an 
opportunity, for not less than 45 days after receiving 
written notice thereof, to submit written objections 
and to appear before the Secretary or the Sec-
HR 366 PCS 
retary’s designee to show cause why that action 
should not be taken. 
‘‘(e) WITHHOLDING
OF ALLOTMENT
OR ALLOCA-
TION.—Pending final resolution of any investigation or 
complaint that could result in a waiver under subsection 
(d)(1) or (d)(2), the Secretary may withhold from the al-
lotment or allocation of the affected eligible agency or local 
educational agency the amount estimated by the Secretary 
to be necessary to pay the cost of services to be provided 
by the Secretary under such subsection. 
‘‘(f) PRIOR DETERMINATION.—Any bypass deter-
mination by the Secretary under Title I or Title IX of 
the Elementary and Secondary Education Act of 1965 
shall, to the extent consistent with the purposes of this 
Act, apply to programs under this Act until such deter-
minations terminate or expire.’’.
Passed the House of Representatives May 4, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.
Calendar No. 155
109TH CONGRESS 
1ST SESSION 
H. R. 366
AN ACT 
To amend the Carl D. Perkins Vocational and 
Technical Education Act of 1998 to strengthen 
and improve programs under that Act. 
JULY 1, 2005
Read twice and placed on the calendar