---
kind: "range"
citation: "34 C.F.R. §§ 299.13–299.26"
title: "34"
from: "299.13"
to: "299.26"
count: 14
url: "https://uscodex.org/cfr/34/299.13..299.26"
---

# §299.13. What complaint procedures shall an SEA adopt?

- (a) **General.** An SEA shall adopt written procedures, consistent with State law, for—
  - (1) Receiving and resolving any complaint from an organization or individual that the SEA or an agency or consortium of agencies is violating a Federal statute or regulation that applies to an applicable program listed in [paragraph (b)](#b) of this section;
  - (2) Reviewing an appeal from a decision of an agency or consortium of agencies with respect to a complaint; and
  - (3) Conducting an independent on-site investigation of a complaint if the SEA determines that an on-site investigation is necessary.
- (b) **Applicable programs.** This subpart is applicable to the following programs:
  - (1) **Part A of title I (Improving Basic Programs Operated by Local Educational Agencies).**
  - (2) **Part C of title I (Education of Migratory Children).**
  - (3) Part D of title I (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk).
  - (4) **Part A of title II (Supporting Effective Instruction).**
  - (5) Part A, [subpart 1](/cfr/34/subpart1.md) of title III (English Language Acquisition, Language Enhancement, and Academic Achievement), except for [section 3112](/cfr/34/3112.md).
  - (6) **Part A of title IV (Student Support and Academic Enrichment Grants).**
  - (7) **Part B of title IV (21st Century Community Learning Centers).**
  - (8) **Part B, subpart 2 of title V (Rural and Low-Income School Program).**
  - (9) Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, Education for Homeless Children and Youth Program.

# §299.14. What items are included in the complaint procedures?


An SEA shall include the following in its complaint procedures:

- (a)
  - (1) Except as provided in [paragraph (a)(2)](#a-2) of this section, a reasonable time limit after the SEA receives a complaint for resolving the complaint in writing, including a provision for carrying out an independent on-site investigation, if necessary.
  - (2) In matters involving violations of section [1117](/cfr/34/1117.md) or [8501](/cfr/34/8501.md) of the ESEA (participation of private school children), an SEA must resolve, in writing, a complaint within 45 days after receiving the complaint.
- (b) An extension of the time limit under [paragraph (a)(1)](#a-1) of this section only if exceptional circumstances exist with respect to a particular complaint.
- (c)
  - (1) The right for the complainant to request the Secretary to review the final decision of the SEA, at the Secretary's discretion.
  - (2) In matters involving violations of section [1117](/cfr/34/1117.md) or [8501](/cfr/34/8501.md) of the ESEA (participation of private school children), the Secretary will follow the procedures in [section 8503(b)](/cfr/34/8503.md?p=b) of the ESEA.
- (d) A requirement for LEAs to disseminate, free of charge, adequate information about the complaint procedures to parents of students, and appropriate private school officials or representatives.

# §299.15. How does an organization or individual file a complaint?


An organization or individual may file a written signed complaint with an SEA. The complaint must be in writing and signed by the complainant, and include—

- (a) A statement that the SEA or an agency or consortium of agencies has violated a requirement of a Federal statute or regulation that applies to an applicable program; and
- (b) **The facts on which the statement is based and the specific requirement allegedly violated.**

# §299.16. What must an SEA include in its written resolution of a complaint?


An SEA must include the following in its written resolution of a complaint under an applicable program:

- (a) **A description of applicable statutory and regulatory requirements.**
- (b) **A description of the procedural history of the complaint.**
- (c) Findings of fact supported by citation, including page numbers, to supporting documents under [paragraph (h)](#h) of this section.
- (d) **Analysis and conclusions regarding the requirements.**
- (e) **Corrective actions, if applicable.**
- (f) **A statement of applicable appeal rights.**
- (g) A statement regarding the State's determination about whether it will provide services.
- (h) **All documents the SEA relied on in reaching its decision, paginated consecutively.**

# §299.17. What must a party seeking to appeal an SEA's written resolution of a complaint or failure to resolve a complaint in 45 days include in its appeal request?

- (a) A party appealing an SEA's written resolution of a complaint, or failure to resolve a complaint, must include the following in its request within 30 days of either the SEA's resolution or the 45-day time limit:
  - (1) **A clear and concise statement of the parts of the SEA's decision being appealed, if applicable.**
  - (2) **The legal and factual basis for the appeal.**
  - (3) **A copy of the complaint filed with the SEA.**
  - (4) A copy of the SEA's written resolution of the complaint being appealed, if one is available, including all supporting documentation required under [§ 299.16(h)](/cfr/34/299.16.md?p=h).
  - (5) Any supporting documentation not included as part of the SEA's written resolution of the complaint being appealed.
- (b) Unless substantiating documentation identified in [paragraph (a)](#a) of this section is provided to the Department, the appeal is not considered complete. Statutory or regulatory time limits are stayed until the appeal is complete as determined by the Department.
- (c) In resolving the appeal, if the Department determines that additional information is necessary, all applicable statutory or regulatory time limits are stayed pending receipt of that information.

# §299.18. Applicability.


The regulations in this subpart apply to part A of Title I and applicable programs under [section 8501(b)(1)](/cfr/34/8501.md?p=b-1) of the ESEA under which the Secretary is authorized to waive the requirements for providing services to private school children, teachers or other educational personnel, and families, as applicable, and to implement a bypass.


# §299.19. Bypass—general.

- (a) **The Secretary arranges for a bypass if—**
  - (1) An agency, consortium, or entity is prohibited by law 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
  - (2) The Secretary determines that the agency, consortium, or entity has substantially failed, or is unwilling, to provide for that participation as required by section [1117](/cfr/34/1117.md) or [8501](/cfr/34/8501.md) of the ESEA, as applicable.
- (b) If the Secretary determines that a bypass is appropriate after following the requirements in [§§ 299.21 through 299.26](/cfr/34/299.21..299.26.md), the Secretary—
  - (1) Waives the requirements under section [1117](/cfr/34/1117.md) or [8501](/cfr/34/8501.md) of the ESEA, as applicable, for the agency, consortium, or entity; and
  - (2) Arranges for the provision of equitable services to those children, teachers or other educational personnel, and families, as applicable, through arrangements subject to the requirements of section [1117](/cfr/34/1117.md) or [8501](/cfr/34/8501.md) of the ESEA, as applicable, and sections [8503](/cfr/34/8503.md) and [8504](/cfr/34/8504.md) of the ESEA.

# §299.20. Requesting a bypass.

- (a) A private school official may request a bypass of an agency, consortium, or entity under the following circumstances:
  - (1) **The private school official has—**
    - (i) Filed a complaint with the State educational agency (SEA) under [section 1117(b)(6)(A)-(B)](/cfr/34/1117.md?p=b-6-A..b-6-B) or [section 8501(c)(6)(A)-(B)](/cfr/34/8501.md?p=c-6-A..c-6-B) of the ESEA and [§§ 299.13 through 299.17](/cfr/34/299.13..299.17.md) that an agency, consortium, or entity other than the SEA has substantially failed or is unwilling to provide equitable services;
    - (ii) Requested that the SEA provide equitable services on behalf of the agency, consortium, or entity under [section 1117(b)(6)(C)](/cfr/34/1117.md?p=b-6-C) or [section 8501(c)(6)(C)](/cfr/34/8501.md?p=c-6-C) of the ESEA; and
    - (iii) Submitted an appeal of the SEA's resolution of the complaint filed under this [paragraph (a)(1)](#a-1) to the Secretary under [section 8503(b)](/cfr/34/8503.md?p=b) of the ESEA and [§ 299.17](/cfr/34/299.17.md).
  - (2) If an SEA has substantially failed, or is unwilling, to provide equitable services, the private school official has—
    - (i) Filed a complaint with the SEA under [section 8503(a)](/cfr/34/8503.md?p=a) of the ESEA and [§§ 299.13 through 299.16](/cfr/34/299.13..299.16.md); and
    - (ii) Submitted an appeal to the Secretary under [section 8503(b)](/cfr/34/8503.md?p=b) of the ESEA and [§ 299.17](/cfr/34/299.17.md) of the SEA's resolution of the complaint filed under [paragraph (a)(1)](#a-1) of this section in which the private school official requests a bypass.
- (b) An agency, consortium, or entity may request that the Secretary implement a bypass if the agency, consortium, or entity is prohibited by law from providing equitable services under [section 1117](/cfr/34/1117.md) or [section 8501](/cfr/34/8501.md) of the ESEA.

# §299.21. Notice of intent to implement a bypass.

- (a) Before taking any final action to implement a bypass, the Secretary provides the affected agency, consortium, or entity with written notice.
- (b) **In the written notice, the Secretary—**
  - (1) States the reasons for the proposed bypass in sufficient detail to allow the agency, consortium, or entity to respond;
  - (2) Cites the requirement that is the basis for the alleged failure to comply; and
  - (3) **Advises the agency, consortium, or entity that it—**
    - (i) Has a deadline (which must not be fewer than 45 days after receiving the written notice) to submit written objections to the proposed bypass; and
    - (ii) May request in writing the opportunity for a hearing to show cause why the Secretary should not implement the bypass.

# §299.22. Filing requirements.

- (a) Any written submission under [§ 299.21](/cfr/34/299.21.md) must be filed by hand delivery, mail, or email.
- (b) **The filing date for a written submission is the date on which the document is—**
  - (1) Hand delivered;
  - (2) Mailed; or
  - (3) **Emailed.**

# §299.23. Bypass procedures.


[Sections 299.24 through 299.26](/cfr/34/299.24..299.26.md) describe the procedures that the Secretary uses in conducting a show-cause hearing. The hearing officer may modify the procedures for a particular case if all parties agree that the modification is appropriate.


# §299.24. Appointment and functions of a hearing officer.

- (a) If an agency, consortium, or entity requests a hearing to show cause why the Secretary should not implement a bypass, the Secretary appoints a hearing officer and notifies appropriate representatives of the affected private school children, teachers or other educational personnel, or families that they may participate in the hearing.
- (b) The hearing officer has no authority to require or conduct discovery or to rule on the validity of any statute or regulation.
- (c) The hearing officer notifies the agency, consortium, or entity and representatives of the private school children, teachers or other educational personnel, or families of the time and place of the hearing.

# §299.25. Hearing procedures.

- (a) **The following procedures apply to a show-cause hearing regarding implementation of a bypass—**
  - (1) **The hearing officer arranges for a transcript to be created.**
  - (2) The agency, consortium, or entity and representatives of the private school children, teachers or other educational personnel, or families each may—
    - (i) Be represented by legal counsel; and
    - (ii) **Submit oral or written evidence and arguments at the hearing.**
- (b) **Within 10 days after the hearing, the hearing officer—**
  - (1) Indicates that a decision will be issued based on the existing record; or
  - (2) Requests further information from the agency, consortium, or entity, representatives of the private school children, teachers or other educational personnel, or families, or Department officials.

# §299.26. Decision.

- (a)
  - (1) Within 120 days after the record of a show-cause hearing is closed, the hearing officer issues a written decision on whether the Secretary should implement a bypass.
  - (2) The hearing officer sends copies of the decision to the agency, consortium, or entity; representatives of the private school children, teachers or other educational personnel, or families; and the Secretary.
- (b) Within 30 days after receiving the hearing officer's decision, the agency, consortium, or entity, and representatives of the private school children, teachers or other educational personnel, or families may each submit to the Secretary written comments on the decision.
- (c) The Secretary may adopt, reverse, modify, or remand the hearing officer's decision.