HR 1350 EAS/PP 
the school district served by a local edu-
cational agency, provision is made for the 
participation of those children in the pro-
gram assisted or carried out under this part 
by providing for such children special edu-
cation and related services in accordance 
with the following requirements, unless the 
Secretary has arranged for services to those 
children under subsection (f): 
‘‘(I) Amounts to be expended for 
the provision of those services (includ-
ing direct services to parentally placed 
children) by the local educational agen-
cy shall be equal to a proportionate 
amount of Federal funds made avail-
able under this part. 
‘‘(II) Such services may be pro-
vided to children with disabilities on 
the premises of private, including reli-
gious, schools, to the extent consistent 
with law. 
‘‘(III) 
Each 
local 
educational 
agency shall maintain in its records 
and provide to the State educational 
agency the number of children evalu-
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ated under this paragraph, the number 
of children determined to be children 
with disabilities, and the number of 
children served under this subsection. 
‘‘(ii) CHILD-FIND REQUIREMENT.— 
‘‘(I) IN
GENERAL.—The require-
ments of paragraph (3) of this sub-
section (relating to child find) shall 
apply with respect to children with 
disabilities in the State who are en-
rolled in private, including religious, 
elementary 
schools 
and 
secondary 
schools. Such child find process shall be 
conducted in a comparable time period 
as for other students attending public 
schools in the local educational agency. 
‘‘(II) 
EQUITABLE
PARTICIPA-
TION.—The child find process shall be 
designed to ensure the equitable par-
ticipation of parentally placed private 
school children and an accurate count 
of such children. 
‘‘(III) ACTIVITIES.—In carrying 
out this clause, the local educational 
agency, or where applicable, the State 
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HR 1350 EAS/PP 
educational agency, shall undertake ac-
tivities similar to those activities un-
dertaken for its public school children. 
‘‘(IV) COST.—The cost of carrying 
out this clause, including individual 
evaluations, may not be considered in 
determining whether a local education 
agency has met its obligations under 
clause (i). 
‘‘(iii) 
CONSULTATION.—To 
ensure 
timely and meaningful consultation, a local 
educational agency, or where appropriate, a 
State educational agency, shall consult with 
representatives of children with disabilities 
who are parentally placed in private 
schools, during the design and development 
of special education and related services for 
these children, including consultation re-
garding— 
‘‘(I) the child find process and 
how parentally placed private school 
children suspected of having a dis-
ability can participate equitably, in-
cluding how parents, teachers, and pri-
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HR 1350 EAS/PP 
vate school officials will be informed of 
the process; 
‘‘(II) the determination of the pro-
portionate share of Federal funds 
available to serve parentally placed 
private school children with disabilities 
under this paragraph, including the 
determination of how the proportionate 
share of those funds were calculated; 
‘‘(III) the consultation process 
among the school district, private 
school officials, and parents of paren-
tally placed private school children 
with disabilities, including how such 
process will operate throughout the 
school year to ensure that parentally 
placed children with disabilities identi-
fied through the child find process can 
meaningfully participate in special 
education and related services; 
‘‘(IV) how, where, and by whom 
special education and related services 
will be provided for parentally placed 
private school children, including a 
discussion of alternate service delivery 
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HR 1350 EAS/PP 
mechanisms, how such services will be 
apportioned if funds are insufficient to 
serve all children, and how and when 
these decisions will be made; and 
‘‘(V) how, if the local educational 
agency disagrees with the views of the 
private school officials on the provision 
of services through a contract, the local 
educational agency shall provide to the 
private school officials a written expla-
nation of the reasons why the local 
educational agency chose not to pro-
vide services through a contract. 
‘‘(iv) WRITTEN
AFFIRMATION.—When 
timely and meaningful consultation as re-
quired by this section has occurred, the local 
educational agency shall obtain a written 
affirmation signed by the representatives of 
participating private schools, and if such 
officials do not provide such affirmation 
within a reasonable period of time, the local 
educational agency shall forward the docu-
mentation of the consultation process to the 
State educational agency. 
‘‘(v) COMPLIANCE.— 
May 22, 2004