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COM. C. DAY SCH. v. DEPT. OF EDUCATION

No. 1445 C.D. 1977.

51 Pa.Commw. 286 (1980)

Community Country Day School, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent.

Commonwealth Court of Pennsylvania.

May 12, 1980.

Attorney(s) appearing for the Case

Edward W. Goebel, Jr., MacDonald, Illig, Jones & Britton, for petitioner.

John A. Alzamora, Assistant Attorney General, with him Patricia A. Donovan, Chief Counsel, for respondent.

Argued December 7, 1979, before Judges CRUMLISH, JR., MENCER and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MENCER, May 12, 1980:

The Community Country Day School (CCDS) has appealed from an order of the Secretary of Education (Secretary) which refused approval of CCDS as a private school for exceptional children, thereby rendering CCDS ineligible for tuition reimbursement pursuant to Section 1376 of the Public School Code of 1949 (Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 13-1376. We vacate the Secretary's order and remand...

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