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20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 299.4 also issued under 20 U.S.C. 7821 and 7823. Section 299.5 also issued under 20 U.S.C. 7428(c), 7801(11), 7901. See Part 299 for more
62 FR 28252, May 22, 1997, unless otherwise noted.
89 FR 70345, Aug. 29, 2024, unless otherwise noted.
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(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) or section 8501(c)(6)(A)-(B) of the ESEA and §§ 299.13 through 299.17 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) or section 8501(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) to the Secretary under section 8503(b) of the ESEA and § 299.17.
(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) of the ESEA and §§ 299.13 through 299.16; and
(ii) Submitted an appeal to the Secretary under section 8503(b) of the ESEA and § 299.17 of the SEA's resolution of the complaint filed under paragraph (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 or section 8501 of the ESEA.