§6397. Bypass

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.

(Pub. L. 89–10, title I, §1307, as added Pub. L. 107–110, title I, §101, Jan. 8, 2002, 115 Stat. 1578 ; amended Pub. L. 114–95, title I, §1301(f), Dec. 10, 2015, 129 Stat. 1898 .)

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 Amendment

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.