 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
                   SUBCHAPTER XIV--GENERAL PROVISIONS
 
                       Part E--Uniform Provisions
 
Sec. 8894. Standards for by-pass

    If, by reason of any provision of law, a State educational agency, 
local educational agency, educational service agency or consortium of 
such agencies is prohibited from providing for the participation in 
programs of children enrolled in, or teachers or other educational 
personnel from, private elementary and secondary schools, on an 
equitable basis, or if the Secretary determines that such agency or 
consortium has substantially failed or is unwilling to provide for such 
participation, as required by section 8893 of this title, the Secretary 
shall--
        (1) waive the requirements of that section for such agency or 
    consortium; and
        (2) arrange for the provision of equitable services to such 
    children, teachers, or other educational personnel through 
    arrangements that shall be subject to the requirements of this 
    section and of sections 8893, 8895, and 8896 of this title.

(Pub. L. 89-10, title XIV, Sec. 14504, as added Pub. L. 103-382, title 
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3903.)

                  Section Referred to in Other Sections

    This section is referred to in section 8896 of this title.
