[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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.