# 34 CFR § 35.6: Final denial of claim

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-34-35.6

## Section

- **Citation:** 34 CFR § 35.6
- **Heading:** Final denial of claim
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 34—Education > Subtitle A—Office of the Secretary, Department of Education > PART 35—TORT CLAIMS AGAINST THE GOVERNMENT > Subpart B—Procedures

## Text

(a) Final denial of an administrative claim shall be in writing and sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the Department's action, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing of the notification.
(b) Prior to the commencement of suit and prior to the expiration of the 6-month period after the date of mailing, by certified or registered mail of notice of final denial of the claim as provided in 28 U.S.C. 2401(b), a claimant, his duly authorized agent, or legal representative, may file a written request with the Department for reconsideration of a final denial of a claim under paragraph (a) of this section. Upon the timely filing of a request for reconsideration the Department shall have 6 months from the date of filing in which to make a final disposition of the claim and the claimant's option under 28 U.S.C. 2675(a) to bring suit shall not accrue until 6 months after the filing of a request for reconsideration. Final Department action on a request for reconsideration shall be effected in accordance with the provisions of paragraph (a) of this section.

## Nearby sections

- [34 CFR § 35.1 § 35.1 Scope of regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.1.md)
- [34 CFR § 35.2 § 35.2 Administrative claim; when presented; place of filing.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.2.md)
- [34 CFR § 35.3 § 35.3 Administrative claim; who may file.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.3.md)
- [34 CFR § 35.4 § 35.4 Administrative claim; evidence and information to be submitted.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.4.md)
- [34 CFR § 35.5 § 35.5 Investigation of claims.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.5.md)
- [34 CFR § 35.6 § 35.6 Final denial of claim.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.6.md)
- [34 CFR § 35.7 § 35.7 Payment of approved claims.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.7.md)
- [34 CFR § 35.8 § 35.8 Release.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.8.md)
- [34 CFR § 35.9 § 35.9 Penalties.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.9.md)
- [34 CFR § 35.10 § 35.10 Limitation on Department's authority.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.10.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-34-35.6. Check the current official text before relying on it. Not legal advice.