20 U.S. Code § 7261c - Applications
Each local educational agency or community-based organization desiring a grant or contract under this subpart shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education.
(b) Private school and home-schooled students
An application for funds under this subpart may provide for the participation, in the activities funded under this subpart, of—
(1) students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers; or