Bypass
Title IX- Sec. 9502-- Standards for By-Pass
In general, if the LEA or State Education Agency has failed or is unwilling to provide private school children participation in eligible programs, the Secretary shall waive the requirements of that section for the agency, consortium, or entity; and will arrange for the provision of equitable services to those children, teachers, or other educational personnel through specific arrangements of the law.

For more information on the requirements of participation by the LEA and arrangements from the Secretary, as well as the process for bypass see -- Title IX- Part E- Uniform Provisions -- Sec. 9501, 9502, 9503, 9504