34 CFR 76.650 - Private schools; purpose of §§ 76.651-76.662.
(a) Under some programs, the authorizing statute requires that a State and its subgrantees provide for participation by students enrolled in private schools. Sections 76.651-76.662 apply to those programs and provide rules for that participation. These sections do not affect the authority of the State or a subgrantee to enter into a contract with a private party.
(b) If any other rules for participation of students enrolled in private schools apply under a particular program, they are in the authorizing statute or implementing regulations for that program.
Some program statutes authorize the Secretary - under certain circumstances - to provide benefits directly to private school students. These “bypass” provisions - where they apply - are implemented in the individual program regulations.