the participation of educationally deprived chil dren enrolled in private schools who reside in project areas. Opportunities for these children to participate on the basis of geographical area must be substantially comparable to those pro vided to children enrolled in public schools. To the maximum extent possible the children enrolled in private schools who will participate in a project should be children who reside in the project area. In any event, the needs of educa tionally deprived children residing in the proj ect area should determine the nature of the project or projects. Children who attend pri vate schools in the project area but do not reside there may participate in the project if they have the same needs and if it would defeat the pur pose of the project to segregate them from those who also attend such private schools but reside in the project area. The requirement under section 205(a)(2) is interpreted as applying to the total program of the local educational agency, not necessarily to each project. But each project application must show the degree or manner of the expected par ticipation by educationally deprived children enrolled in private schools, so that the State may judge the total program in this respect. Title I provides for the participation of pri vate school pupils in special educational services and arrangements. Where special educational arrangements, such as dual enrollment, are pro vided in public schools for private school chil dren, classes should, if administratively feasi ble, not be separated on the basis of the school in which the children are enrolled. Only special services and arrangements of a therapeutic, health, remedial, welfare, guidance, counseling or a similar nature may be provided on private school premises and then only when such serv ices or arrangements are not normally provided by the private school. All special services or ar rangements provided under Title I must, how ever, be specifically designed to meet the special educational needs of educationally deprived children. The extent of the opportunity for participation by private school children in Title I programs should be based on the numbers of educationally deprived children enrolled in such
schools who are in need of the services so pro vided. The law prohibits the paying of salaries of teachers or other employees of private schools or the construction of private school facilities. Mobile educational equipment, if necessary for the successful operation of project activities, may be temporarily placed in private schools but title to equipment must be in a public agency. Such equipment must not be allowed to remain on private school premises any longer than necessary, and in no event after the end of the period for which the project was approved. If there are educationally deprived children who reside in the applicant's district but attend a private school located in the district of an other local educational agency and if there is no practicable way for the applicant to provide opportunities for their participation in the project, the applicant may wish to consider entering into a cooperative agreement with the other local educational agency. Under such a cooperative agreement, the local educational agencies could jointly provide educational op portunities geared to the needs of the educa tionally deprived children in both districts who are enrolled in that private school.
Public Control of Funds and Property
Under section 205(a)(3), the State educa tional agency must determine—
that the local educational agency has pro vided satisfactory assurance that the con trol of funds provided under this title, and title to property derived therefrom, shall be in a public agency for the uses and pur poses provided in this title, and that a pub lic agency will administer such funds and property. The statutory expectation here is that the local educational agency will take reasonable steps to assure that funds provided and title to property acquired with such funds shall be used for the purposes of carrying out approved Title I projects, and shall remain under the control and administration of the public agency. Proj ect funds or property cannot be used for the benefit of any private agency or school. Equip
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