---
kind: "section"
citation: "20 U.S.C. § 7882"
title: "20"
title_heading: "Education"
number: "7882"
heading: "Standards for by-pass"
release: "119-102"
url: "https://uscodex.org/usc/20/7882"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VIII — General Provisions"
  - "Part F — Uniform Provisions"
  - "Subpart 1 — private schools"
---

# §7882. Standards for by-pass

- (a) **In general—** If, by reason of any provision of law, a [State educational agency](/usc/20/7801.md?p=49), [local educational agency](/usc/20/7801.md?p=30-A), [educational service agency](/usc/20/7801.md?p=18), 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](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45), on an equitable basis, or if the [Secretary](/usc/20/7801.md?p=46) 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](/usc/20/7881.md), the [Secretary](/usc/20/7801.md?p=46) 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](/usc/20/7881.md), [7883](/usc/20/7883.md), and [7884](/usc/20/7884.md) of this title.
- (b) **Determination—** In making the determination under [subsection (a)](#a), the [Secretary](/usc/20/7801.md?p=46) shall consider one or more factors, including the quality, size, scope, and location of the program, and the opportunity of private [school](/usc/20/5802.md?p=a-11) children, teachers, and other educational personnel to participate in the program.

## Source credit

(Pub. L. 89–10, title VIII, § 8502, formerly title IX, § 9502, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1977; renumbered title VIII, § 8502, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(5), (b)(4), 8016, Dec. 10, 2015, 129 Stat. 2088, 2089, 2111.)

## Notes

### Editorial Notes

### 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 former subchapter IX of this chapter by Pub. L. 107–110.

### Amendments

2015—Subsec. (a). Pub. L. 114–95, § 8001(b)(4), made technical amendment to reference in original act which appears in two places in text as reference to section 7881 of this title.

Subsec. (a)(2). Pub. L. 114–95, § 8016, made technical amendment to reference in original act which appears in text as reference to sections 7883 and 7884 of this title.

### 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.