Title Vlll - SEC. 8016. STANDARDS FOR BY-PASS — Every Student Succeeds Act (ESSA)

SEC. 8016.

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.