The Secretary may use all or part of any State’s allocation under this part to make arrangements with any public or private nonprofit agency to carry out the purpose of this part in such State if the Secretary determines that—

1. (1) the State is unable or unwilling to conduct educational programs for migratory children;
2. (2) such arrangements would result in more efficient and economic administration of such programs; or
3. (3) such arrangements would add substantially to the welfare or educational attainment of such children.

(Pub. L. 89–10, title I, § 1307, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578.)

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.