20-U.S.C.-7882

§7882 – Standards For By-Pass

Pathway

Title 20 > Chapter 70 > Subchapter IX > Part E > Subpart 1 > Section 7882

Details

• Reference: Section 7882
• Legend: §7882 – Standards For By-Pass
• USCode Year: 2013

Provision Content

(a) In general

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 sections 7881, 7883, and 7884 of this title.

(b) Determination

In making the determination under subsection (a) of this section, 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 IX, §9502, as added Pub. L. 107–110, title IX, §901, Jan. 8, 2002, 115 Stat. 1977.)

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 this subchapter by Pub. L. 107–110. See section 7492 of this title.

U.S. Encyclopedia of Law Coverage

20-U.S.C.-7803 in the Legal Encyclopedia: Schools

In this entry about 20-U.S.C.-7803, find legal reference material, bibliographies and premiere content related to schools in the American Encyclopedia of Law, presenting a comprehensive view of the United States schools-specific issues, written by authorities in the field.

Topic Map

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