[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR35.2]

[Page 95-96]
 
                           TITLE 34--EDUCATION
 
PART 35_TORT CLAIMS AGAINST THE GOVERNMENT--Table of Contents
 
                          Subpart B_Procedures
 
Sec. 35.2  Administrative claim; when presented; place of filing.


    (a) For purposes of the regulations in this part, a claim shall be 
deemed to have been presented when the Department of Education receives, 
at a place designated in paragraph (b) of this section, an executed 
Standard Form 95 or other written notification of an incident 
accompanied by a claim for money damages in a sum certain for damage to 
or loss of property, for personal injury, or for death, alleged to have 
occurred by reason of the incident. A claim which should have been 
presented to the Department but which was mistakenly addressed to or 
filed with another Federal agency, shall be deemed to be presented to 
the Department as of the date that the claim is received by the 
Department. A claim mistakenly addressed to or filed with the Department 
shall forthwith be transferred to the appropriate Federal agency, if 
ascertainable, or returned to the claimant.
    (b) A claim presented in compliance with paragraph (a) of this 
section may be amended by the claimant at any time prior to final action 
by the Secretary or prior to the exercise of the claimant's option to 
bring suit under 28 U.S.C. 2675(a). Amendments shall be

[[Page 96]]

submitted in writing and signed by the claimant or his duly authorized 
agent or legal representative. Upon the timely filing of an amendment to 
a pending claim, the Department shall have 6 months in which to make a 
final disposition of the claim as amended and the claimant's option 
under 28 U.S.C. 2675(a) shall not accrue until 6 months after the filing 
of an amendment.
    (c) Forms may be obtained and claims may be filed, with the 
Department of Education Claims Officer, Washington, DC 20202.