§ 76.670 Applicability and filing requirements.

(a) The regulations in §§ 76.671 through 76.677 apply to the following programs under which the Secretary is authorized to waive the requirements for providing services to private school children and to implement a bypass:

Open Table
CFDA number and name of program Authorizing statute Implementing regulations title 34 CFR part
84.010 Chapter 1 Program in Local Educational Agencies Chapter 1, Title I, Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 2701 et seq.) 200
84.151 Federal, State, and Local Partnership for Educational Improvement Chapter 2, Title I, Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 2911–2952, 2971–2976) 298
84.164 Mathematics and Science Education Title II, Part A, Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 2981–2993) 208
84.186 State and Local Programs Part B, Drug Free Schools and Communities Act of 1986 (20 U.S.C. 3191–3197) None

(b) Filing requirements.

(1) Any written submission under §§ 76.671 through 76.675 must be filed by hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages.

(2) If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission.

(3) The filing date for a written submission is the date the document is—

(i) Hand-delivered;

(ii) Mailed; or

(iii) Sent by facsimile transmission.

(4) A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department.

(5) If a document is filed by facsimile transmission, the Secretary or the hearing officer, as applicable, may require the filing of a follow-up hard copy by hand-delivery or by mail within a reasonable period of time.

[54 FR 21775, May 19, 1989, as amended at 57 FR 56795, Nov. 30, 1992]


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