34 C.F.R. § 361.44

Closure without eligibility determination

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The designated State unit may not close an applicant's record of services prior to making an eligibility determination unless the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and the State unit has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant's representative to encourage the applicant's participation.

(Authority: Section 12(c) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c))
Notes of Decisions
Cited in 2 cases, 1989–2004 · leading case: Michigan Dep't of Educ. v. United States Dep't of Educ., Lauro Cavazos, Sec'y, 875 F.2d 1196 (6th Cir. 1989).
Michigan Dep't of Educ. v. United States Dep't of Educ., Lauro Cavazos, Sec'y, 875 F.2d 1196 (6th Cir. 1989). “The ARC disallowed this expenditure alleging a violation of 34 C.F.R. § 361.44 , which requires prior written authorization for the purchase of services except in emergency situations, in which case there must be prompt confirmation of authorization.”
Toise v. Rowe, 845 A.2d 437 (Conn. App. Ct. 2004). “” 34 C.F.R. § 361.44 (1994). Therefore, the bureau correctly determined that it could not reimburse the plaintiff for the tuition payments that she already had made.”
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