34 CFR § 299.21 - Notice of intent to implement a bypass.
---
identifier: "/us/cfr/t34/s299.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 299.21 - Notice of intent to implement a bypass."
title_number: 34
title_name: "Education"
section_number: "299.21"
section_name: "Notice of intent to implement a bypass."
chapter_name: "OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION"
part_number: "299"
part_name: "GENERAL PROVISIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 1221e-3 and 3474, unless otherwise noted."
regulatory_source: "62 FR 28252, May 22, 1997, unless otherwise noted."
cfr_part: "299"
---
# 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.