34 CFR § 299.26 - Decision.

---
identifier: "/us/cfr/t34/s299.26"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 299.26 - Decision."
title_number: 34
title_name: "Education"
section_number: "299.26"
section_name: "Decision."
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"
---


# 299.26 Decision.

(a)(1) Within 120 days after the record of a show-cause hearing is closed, the hearing officer issues a written decision on whether the Secretary should implement a bypass.

(2) The hearing officer sends copies of the decision to the agency, consortium, or entity; representatives of the private school children, teachers or other educational personnel, or families; and the Secretary.

(b) Within 30 days after receiving the hearing officer's decision, the agency, consortium, or entity, and representatives of the private school children, teachers or other educational personnel, or families may each submit to the Secretary written comments on the decision.

(c) The Secretary may adopt, reverse, modify, or remand the hearing officer's decision.