If, by reason of any provision of law, a State educational agency, local educational
agency, educational service agency, consortium of those agencies, or other entity
is prohibited from providing for the participation in programs of children enrolled
in, or teachers or other educational personnel from, private elementary schools and
secondary schools, on an equitable basis, or if the Secretary determines that the
agency, consortium, or entity has substantially failed or is unwilling to provide
for that participation, as required by section 7881 of this title, the Secretary shall--
(1) waive the requirements of that section for the agency, consortium, or entity; and
(2) arrange for the provision of equitable services to those children, teachers, or other
educational personnel through arrangements that shall be subject to the requirements
of this section and of sections 7881, 7883, and 7884 of this title.
In making the determination under subsection (a), the Secretary shall consider one
or more factors, including the quality, size, scope, and location of the program,
and the opportunity of private school children, teachers, and other educational personnel
to participate in the program.
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