20 USC § 6397 - Bypass

---
identifier: "/us/usc/t20/s6397"
source: "usc"
legal_status: "official_prima_facie"
title: "20 USC § 6397 - Bypass"
title_number: 20
title_name: "EDUCATION"
section_number: "6397"
section_name: "Bypass"
chapter_number: 70
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
subchapter_number: "I"
subchapter_name: "IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED"
part_number: "C"
part_name: "Education of Migratory Children"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 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.

---

**Source Credit**: (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, , as added , , , related to bypass of State, prior to the general amendment of this subchapter by .

### Amendments

2015—, struck out “nonprofit” before “agency” in introductory provisions.

Par. (3). , substituted “educational achievement” for “welfare or educational attainment”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by  effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .