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Title 20 — Education

Part C · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools

§ 6397. Bypass

Statutory text

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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Elementary and Secondary Education Act of 1965

    Pub. L. 89–10 title I § 1307 · 79 Stat. 27

    Enacted · 20 U.S.C. § 6397

    Pub. L. 89–10, title I, § 1307, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578

    Source evidence

    Code source credit
    Pub. L. 89–10, title I, § 1307, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578

  2. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(f)(1) · 129 Stat. 1802

    Struck · 20 U.S.C. § 6397

    Pub. L. 114–95, § 1301(f)(1), struck out “nonprofit” before “agency” in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 114–95, § 1301(f)(1), struck out “nonprofit” before “agency” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking “nonprofit”; and

    Effective date note
    Amendment 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.

  3. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(f)(2) · 129 Stat. 1802

    Substituted · 20 U.S.C. § 6397(3)

    Pub. L. 114–95, § 1301(f)(2), substituted “educational achievement” for “welfare or educational attainment”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 114–95, § 1301(f)(2), substituted “educational achievement” for “welfare or educational attainment”.

    Enacted provision · exact public law section
    (2) in paragraph (3), by striking “welfare or educational attainment” and inserting “educational achievement”.

    Effective date note
    Amendment 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.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 6397, Pub. L. 89–10, title I, § 1307, as added Pub. L. 103–382, title I, § 101, , 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 Amendment

Amendment by Pub. L. 114–95 effective , 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.

Credits

2002–2015 · 2 acts
  1. 2002Pub. L. 89–10, title I, § 1307, as added Pub. L. 107–110, title I, § 101, , 115 Stat. 1578
  2. 2015amended Pub. L. 114–95, title I, § 1301(f), , 129 Stat. 1898.
Show as published

(Pub. L. 89–10, title I, § 1307, as added Pub. L. 107–110, title I, § 101, , 115 Stat. 1578; amended Pub. L. 114–95, title I, § 1301(f), , 129 Stat. 1898.)

Parsed from the official OLRC USLM XML in data/usc_all/usc20.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t20/s6397