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D.S. v. EAST BRUNSWICK TP. BD. OF ED.

188 N.J. Super. 592 (1983)

458 A.2d 129

D.S., PETITIONER-RESPONDENT, CROSS-APPELLANT, v. BOARD OF EDUCATION OF THE TOWNSHIP OF EAST BRUNSWICK, RESPONDENT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1983.

Attorney(s) appearing for the Case

David B. Rubin argued the cause for appellant board of education (Rubin, Lerner & Rubin, attorneys).

Theodore A. Sussan argued the cause for respondent D.S.

Alfred E. Ramey, Jr., Deputy Attorney General, argued the cause for respondent State Board of Education (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Poritz, Deputy Attorney General, of counsel).

Before Judges ARD, KING and McELROY.

The opinion of the court was delivered by KING, J.A.D.

The sole issue remaining on this appeal is the validity of a regulation of the State Board of Education, N.J.A.C. 6:28-4.3(g). This regulation relates to payment of residential costs incurred by placement of a child in residence at a special education facility. The regulation states

(g) Residential costs shall be assumed by the public agency which...

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