---
kind: "section"
citation: "20 U.S.C. § 6397"
title: "20"
title_heading: "Education"
number: "6397"
heading: "Bypass"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/6397"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter I — Improving the Academic Achievement of the Disadvantaged"
  - "Part C — Education of Migratory Children"
---

# §6397. Bypass


The [Secretary](/usc/20/7801.md?p=46) may use all or part of any [State](/usc/20/7171.md?p=b-6)’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](/usc/20/7171.md?p=b-6) if the [Secretary](/usc/20/7801.md?p=46) determines that—

- (1) the [State](/usc/20/7171.md?p=b-6) 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.)

## Notes

### 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.