STANDARDS FOR BY-PASS
SEC. 8016. STANDARDS FOR BY-PASS.
Section 8502(a)(2), <<NOTE: 20 USC 7882.>> as redesignated and
amended by section 8001 of this Act, is further amended by striking
``9503, and 9504'' and inserting ``8503, and 8504''.
``SEC. 9502. <<NOTE: 20 USC 7882.>> STANDARDS FOR BY-PASS.
``(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 9501, 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 9501, 9503, and 9504.
``(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.