§ 300.192 Notice of intent to implement a by-pass.

Plain English summary

Before implementing a by-pass, the Secretary must provide written notice to the SEA and, as appropriate, the LEA or other public agency, stating the reasons for the proposed by-pass in sufficient detail. The notice must inform the recipient that it has at least 45 days from receipt to submit written objections and may request a hearing. The notice must be sent via certified mail with return receipt requested.

Key requirements

• 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.
• The Secretary 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.
• The Secretary 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.
• The SEA and, as appropriate, LEA or other public agency may request in writing the opportunity for a hearing to show cause why a by-pass should not be implemented.
• The Secretary sends the notice to the SEA and, as appropriate, LEA or other public agency by certified mail with return receipt requested.

Affected parties

• Secretary of Education
• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Other public agencies

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.192