§7882 — Title 20 Education | U.S. Code

Summary

If a state or local education agency or a similar group cannot or will not give private school children, teachers, or staff equal access to programs, the Secretary must waive that agency’s duty under section 7881. The Secretary must then arrange for those equitable services through other arrangements that follow sections 7881, 7883, and 7884. The Secretary must consider program quality, size, scope, location, and the opportunity for private school participants to take part.

Title 20, §7882

Education — Source: USLM XML via OLRC

(a)If, 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 section 7881 of this title, 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 section 7881, 7883, and 7884 of this title.

(b)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7882, Pub. L. 89–10, title IX, § 9162, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3794, authorized appropriations, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a). Pub. L. 114–95, § 8001(b)(4), made technical amendment to reference in original act which appears in two places in text as reference to section 7881 of this title. Subsec. (a)(2). Pub. L. 114–95, § 8016, made technical amendment to reference in original act which appears in text as reference to section 7883 and 7884 of this title.

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.

§7882 Standards for By-pass