---
kind: "range"
citation: "34 C.F.R. §§ 299.21–299.26"
title: "34"
from: "299.21"
to: "299.26"
count: 6
url: "https://uscodex.org/cfr/34/299.21..299.26"
---

# §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.