Title 20 — EducationRelease 119-73
§6397 Bypass
Title 20 › Chapter CHAPTER 70— - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter SUBCHAPTER I— - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED › Part Part C— - Education of Migratory Children › § 6397
Summary
The Secretary may use a state's funds to hire public or private agencies to run migratory children’s education if the state can't or won't, or if it's cheaper or greatly improves learning.
Full Legal Text
Title 20, §6397
Education — Source: USLM XML via OLRC
The Secretary may use all or part of any State’s allocation under this part to make arrangements with any public or private agency to carry out the purpose of this part in such State if the Secretary determines that—
(1)the State is unable or unwilling to conduct educational programs for migratory children;
(2)such arrangements would result in more efficient and economic administration of such programs; or
(3)such arrangements would add substantially to the educational achievement of such children.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 6397, Pub. L. 89–10, title I, § 1307, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3590, related to bypass of State, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments
2015—Pub. L. 114–95, § 1301(f)(1), struck out “nonprofit” before “agency” in introductory provisions. Par. (3). Pub. L. 114–95, § 1301(f)(2), substituted “educational achievement” for “welfare or educational attainment”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Reference
Citations & Metadata
Citation
20 U.S.C. § 6397
Title 20 — Education
Last Updated
Apr 6, 2026
Release point: 119-73