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<blockquote data-quote="Martie" data-source="post: 6633" data-attributes="member: 284"><p>What am I missing here?</p><p></p><p>I certainly think that it is necessary to take the medical records. However, I do think that the charge is bogus and will not stick--but I would not blow it off--I'd go very well prepared.</p><p></p><p>As far as the 60 days go, the way it was worded made it sound (to me---in a hurry) like the 97 regs. What the 2004 regs (you have the correct ones) mean is that the states that had 45 days limits can still enforce them if they want to. The states with 90 or 120 days are now required to use 60.</p><p></p><p>Federal law often works this way setting minimums that must be met but can also be more stringent if states so choose.</p><p></p><p>I guess how you protect a child not yet eligible is write a letter, sending it certifed, to cover that contingency. There is a sample letter and a legal citation in the</p><p>ARchives of Sp Ed 101</p><p></p><p>I hope this clarifies.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 6633, member: 284"] What am I missing here? I certainly think that it is necessary to take the medical records. However, I do think that the charge is bogus and will not stick--but I would not blow it off--I'd go very well prepared. As far as the 60 days go, the way it was worded made it sound (to me---in a hurry) like the 97 regs. What the 2004 regs (you have the correct ones) mean is that the states that had 45 days limits can still enforce them if they want to. The states with 90 or 120 days are now required to use 60. Federal law often works this way setting minimums that must be met but can also be more stringent if states so choose. I guess how you protect a child not yet eligible is write a letter, sending it certifed, to cover that contingency. There is a sample letter and a legal citation in the ARchives of Sp Ed 101 I hope this clarifies. Martie [/QUOTE]
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