20 U.S.C. § 7882 | Standards for by-pass

(a)

In general

section 7881 of this titleIf, 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 , 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.

(b)

Determination

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.

Pub. L. 89–10, title VIII, § 8502 Pub. L. 107–110, title IX, § 901Jan. 8, 2002115 Stat. 1977 Pub. L. 114–95, title VIIIDec. 10, 2015129 Stat. 2088 (, formerly title IX, § 9502, as added , , ; renumbered title VIII, § 8502, and amended , §§ 8001(a)(5), (b)(4), 8016, , , 2089, 2111.)

Editorial Notes

Prior Provisions

Pub. L. 89–10, title IX, § 9162 Pub. L. 103–382, title I, § 101Oct. 20, 1994108 Stat. 3794 Pub. L. 107–110A prior section 7882, , as added , , , authorized appropriations, prior to the general amendment of former subchapter IX of this chapter by .

Amendments

Pub. L. 114–95, § 8001(b)(4)section 7881 of this title2015—Subsec. (a). , made technical amendment to reference in original act which appears in two places in text as reference to .

Pub. L. 114–95, § 8016Subsec. (a)(2). , made technical amendment to reference in original act which appears in text as reference to sections 7883 and 7884 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .