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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 34 - Education |
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Subtitle B - Regulations of the Offices of the Department of Education |
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Chapter III - Office of Special Education and Rehabilitative Services, Department of Education |
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Part 300 - Assistance to States for the Education of Children With Disabilities |
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Subpart B - State Eligibility |
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By-Pass for Children in Private Schools |
§ 300.192 - Notice of intent to implement a by-pass.
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§ 300.192 Notice of intent to implement a by-pass.
(a) Before taking any final action to implement a by-pass, the Secretary provides the SEA and, as appropriate, LEA or other public agency with written notice.
(b) In the written notice, the Secretary -
(1) States the reasons for the proposed by-pass in sufficient detail to allow the SEA and, as appropriate, LEA or other public agency to respond; and
(2) Advises the SEA and, as appropriate, LEA or other public agency that it has a specific period of time (at least 45 days) from receipt of the written notice to submit written objections to the proposed by-pass and that it may request in writing the opportunity for a hearing to show cause why a by-pass should not be implemented.
(c) The Secretary sends the notice to the SEA and, as appropriate, LEA or other public agency by certified mail with return receipt requested.