20 U.S.C. § 6397: Bypass

Summary

The Secretary can use some or all of a State’s allotted money to hire a public or private agency to run education programs for migratory children if the Secretary decides the State cannot or will not run the programs, if using another agency would be more efficient and economical, or if it would substantially improve those children’s educational achievement.

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.

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.

§6397 Bypass