34 CFR § 361.44 - Closure without eligibility determination.
---
identifier: "/us/cfr/t34/s361.44"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 361.44 - Closure without eligibility determination."
title_number: 34
title_name: "Education"
section_number: "361.44"
section_name: "Closure without eligibility determination."
chapter_name: "OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION"
part_number: "361"
part_name: "STATE VOCATIONAL REHABILITATION SERVICES PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Section 12(c) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c); Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted."
regulatory_source: "81 FR 55741, Aug. 19, 2016, unless otherwise noted."
cfr_part: "361"
---
# 361.44 Closure without eligibility determination.
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))