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BD. OF ED., LITTLE EGG HARBOR v. BDS. OF ED., ETC.

145 N.J. Super. 1 (1975)

366 A.2d 985

BOARD OF EDUCATION, TOWNSHIP OF LITTLE EGG HARBOR, APPELLANT, v. BOARDS OF EDUCATION OF THE TOWNSHIP OF GALLOWAY, CITY OF ATLANTIC CITY, TOWNSHIP OF MARLBORO, FREEHOLD REGIONAL HIGH SCHOOL DISTRICT AND THE DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF INSTITUTIONS AND AGENCIES, STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1975.

Attorney(s) appearing for the Case

Mr. James L. Wilson argued the cause for appellant.

Mr. William J. Mehr argued the cause for respondent Board of Education of the Freehold Regional High School District (Messrs. Cerrato, O'Connor, Braelow & Mehr, attorneys; Mr. Dominick A. Cerrato on the brief).

Ms. Mary Ann Burgess, Deputy Attorney General, argued the cause for respondents State Board of Education and Division of Youth and Family Services (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel, Ms. Burgess on the brief).

Messrs. DeMaio & Yacker, attorneys for respondent Marlboro Township Board of Education, submitted a brief (Mr. Vincent C. DeMaio, of counsel).

Mr. Lawrence Milton Freed, attorney for respondent Board of Education of the City of Atlantic City, submitted a statement in lieu of brief.

Mr. Walter S. Jeffries, attorney for respondent Board of Education of the Township of Galloway, submitted a statement in lieu of brief.

Before Judges MICHELS, MORGAN and MILMED.

PER CURIAM.

The Board of Education of the Township of Little Egg Harbor appeals from a final decision of the State Board of Education which affirmed a decision of the Commissioner of Education.

The basic issue involved here is whether the Board of Education of the Township of Little Egg Harbor, or one of the named respondent school districts, is responsible for the payment of tuition for A.S., a minor enrolled in a program of special education in a nonpublic...

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