Browse Arkansas Code titles and sections
20 U.S.C. § 7882 — Standards for by-pass
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7881&num=0&edition=prelim), 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), 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7882
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 113c98ecf96052783bbf5db6ea0b808c9f0f6543a4ce9b765541d086c1039b62. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_a3d492d00da013c960642595
Source file: Laws/federal/codes/united-states-code/title-20/section-7882-standards-for-by-pass--830fd791e1.md
Pages: Not recorded – Not recorded
Passage SHA-256: a15c87b267c700a51db3053c0c508394ae7504c1bab51c0cc0175a68263e6b1f
Source location: Title 20, Chapter 70, § 7882; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
Stored source 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7881&num=0&edition=prelim), 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), 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Private school participation**
(1) **In general** — Except as otherwise provided in this chapter, to the extent consistent with the number of eligible children in areas served by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a program specified in subsection (b), who are enrolled in private elementary schools and secondary schools in areas served by such agency, consortium, or entity, the agency, consortium, or entity shall, after timely and meaningful consultation with appropriate private school officials provide to those children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that address their needs under the program.
(2) **Secular, neutral, and nonideological services or benefits** — Educational services or other benefits, including materials and equipment, provided under this section, shall be secular, neutral, and nonideological.
(3) **Special rule**
(A) *In general* — Educational services and other benefits provided under this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided in a timely manner.
(B) *Ombudsman* — To help ensure equitable services are provided to private school children, teachers, and other educational personnel under this section, the State educational agency involved shall direct the ombudsman designated by the agency under [section 6320 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section63
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7881
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review**
(1) **In general**
(A) *Written objections* — The Secretary shall not take any final action under [section 7882 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7882&num=0&edition=prelim) until the State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity affected by the action has had an opportunity, for not less than 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary to show cause why that action should not be taken.
(B) *Prior to reduction* — Pending final resolution of any investigation or complaint that could result in a determination under this section, the Secretary may withhold from the allocation of the affected State educational agency or local educational agency the amount estimated by the Secretary to be necessary to pay the cost of those services.
(2) **Petition for review**
(A) *Petition* — If the affected agency, consortium, or entity is dissatisfied with the Secretary’s final action after a proceeding under paragraph (1), the agency, consortium, or entity may, within 60 days after notice of that action, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action.
(B) *Transmission* — A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary.
(C) *Filing* — The Secretary, upon receipt of the copy of the petition, shall file in the court the record of the proceedings on which the Secretary based the action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
(3) **
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7884
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2641, Pub. L. 100–297, title V, § 5341, Apr. 28, 1988, 102 Stat. 411; Pub. L. 100–427, § 21, Sept. 9, 1988, 102 Stat. 1612, related to establishment of Office of Indian Education within Department of Education. See [section 3423c of Title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3423c&num=0&edition=prelim), Education.
Section 2642, Pub. L. 100–297, title V, § 5342, Apr. 28, 1988, 102 Stat. 412; Pub. L. 100–427, § 22, Sept. 9, 1988, 102 Stat. 1613, established National Advisory Council on Indian Education.
Section 2643, Pub. L. 100–297, title V, § 5343, Apr. 28, 1988, 102 Stat. 413, authorized appropriations for administration of Indian education programs. See [section 7882 of Title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7882&num=0&edition=prelim), Education.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2641 to 2643
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1638
TITLE 20—EDUCATION
§ 7882
zation, or other entity shall be independent
of the private school and of any religious or-
ganization, and the employment or contract
shall be under the control and supervision of
the public agency.
(C) Commingling of funds prohibited
Funds used to provide services under this
section shall not be commingled with non-
Federal funds.
(Pub. L. 89–10, title VIII, § 8501, formerly title IX,
§ 9501, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1975; renumbered title VIII,
§ 8501, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(5), 8015, Dec. 10, 2015, 129 Stat. 2088, 2089,
2109; Pub. L. 115–64, § 3, Sept. 29, 2017, 131 Stat.
1189.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7881, Pub. L. 89–10, title IX, § 9161, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3793; amended Pub. L. 105–220, title II, § 251(b)(2)(E),
Aug. 7, 1998, 112 Stat. 1080, defined terms, prior to the
general amendment of former subchapter IX of this
chapter by Pub. L. 107–110.
AMENDMENTS
2017—Subsec. (b)(1)(F). Pub. L. 115–64 added subpar.
(F).
2015—Subsec. (a)(3). Pub. L. 114–95, § 8015(1)(A), added
par. (3) and struck out former par. (3). Prior to amend-
ment, text read as follows: ‘‘Educational services and
other benefits provided under this section for private
school children, teachers, and other educational per-
sonnel shall be equitable in comparison to services and
other benefits for public school children, teachers, and
other educational personnel participating in the pro-
gram and shall be provided in a timely manner.’’
Subsec. (a)(4). Pub. L. 114–95, § 8015(1)(B), added par.
(4) and struck out former par. (4). Prior to amendment,
text read as follows: ‘‘Expenditures for educatio
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7882
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.