(a) In general To the extent consistent with the number of students in the State or Indian tribe or in the
school district of the local educational agency involved who are enrolled in private
nonprofit">
nonprofit elementary and secondary schools, such State, Indian tribe, or agency shall (after consultation with appropriate private
school representatives) make provision
(1) for the inclusion of services and arrangements for the benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry out the objectives and provide the benefits described in this subpart; and
(2) for the training of the teachers of such students so as to allow for the equitable participation of such teachers in the programs implemented to carry out the objectives and provide the benefits described in this subpart.
(b) Waiver If a State, Indian tribe, or local educational agency is prohibited by law from providing for the participation of students or teachers from private
nonprofit">
nonprofit schools as required by subsection (a) of this section, or if the Corporation determines that a State, Indian tribe, or local educational agency substantially fails or is unwilling to provide for such participation on an equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for the provision of services to such students and teachers. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with paragraphs (3) and (4) of section
2727 (b) of title
20, as in effect on the day preceding October 20, 1994.
