PRIORITY; PRIVATE SCHOOL PARTICIPATION.

SEC. 115. PRIORITY; PRIVATE SCHOOL PARTICIPATION. (a) In General.—In providing assistance under this subtitle, the State educational agency, or the Commission if section 111(b) applies, shall give priority to applications that describe programs that— (1) involve participants in the design and operation of the program; (2) are in the greatest need of assistance, such as programs targeting low-income areas; (3) involve students from both public and private elementary and secondary schools or individuals of different ages, races, sexes, ethnic groups, disabilities and economic backgrounds serving together; (4) are integrated into the academic program; or (5) involve a focus on substance abuse prevention or school drop-out prevention. (b) Adult Volunteer and Partnership Program.—In the case of an adult volunteer and partnership program (as described in section 111(a)(4)) the State educational agency, or the Commission, if section 111(b) applies, shall give priority to applications that contain a description of programs— (1) that involve older Americans or parents as adult volunteers; (2) that involve a partnership between an educational institution and a private business in the community; (3) that include a focus on substance abuse prevention, school drop-out prevention, or nutrition; or (4) that will improve basic skills and reduce illiteracy. (c) Participation of Children and Teachers From Private Schools.— (1) In general.— To the extent consistent with the number of children in the State or in the school district of the local educational agency involved who are enrolled in private non-profit elementary and secondary schools, such State or agency shall (after consultation with appropriate private school representatives) make provision— (A) for the inclusion of services and arrangements for the benefit of such children so as to assure the equitable participation of such children in the programs or projects implemented to carry out the purposes and provide the benefits described in this subtitle; and (B) for the training of the teachers of such children so as to assure the equitable participation of such teachers in the programs or projects implemented to carry out the purposes and provide the benefits described in this subtitle. (2) Waiver.—If a State or local educational agency or institution of higher education is prohibited by law from providing for the participation of children or teachers from private nonprofit schools as required by paragraph (1), or if the Secretary deter-mines that a State or local educational agency substantially fails or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children and teachers. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accord-104 STAT. 3138 ance with section 1017 of the Elementary and Secondary Education Act of 1965.