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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 D - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements |
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Procedures for By-Pass |
§ 300.480 - By-pass—general.
Latest version.
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(a) The Secretary implements a by-pass if an SEA is, and was on December 2, 1983, prohibited by law from providing for the participation of private school children with disabilities in the program assisted or carried out under Part B of the Act, as required by section 612(a)(10)(A) of the Act and by §§ 300.452-300.462.
(b) The Secretary waives the requirement of section 612(a)(10)(A) of the Act and of §§ 300.452-300.462 if the Secretary implements a by-pass.