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COUNCIL OF PRIVATE SCHOOLS v. COOPERMAN

205 N.J. Super. 544 (1985)

501 A.2d 575

THE COUNCIL OF PRIVATE SCHOOLS FOR CHILDREN WITH SPECIAL NEEDS, INC., A NEW JERSEY CORPORATION ORGANIZED NOT FOR PROFIT, APPELLANT, v. SAUL COOPERMAN, COMMISSIONER OF EDUCATION AND THE STATE OF NEW JERSEY, DEPARTMENT OF EDUCATION, RESPONDENT. THE ASSOCIATION OF SCHOOLS AND AGENCIES FOR THE HANDICAPPED, APPELLANT, v. SAUL COOPERMAN, COMMISSIONER OF EDUCATION AND THE STATE OF NEW JERSEY, DEPARTMENT OF EDUCATION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Submitted October 17, 1985.

Decided November 27, 1985.

Attorney(s) appearing for the Case

Kenneth D. Roth argued the cause for appellant The Council of Private Schools for Children With Special Needs (Davis, Reberkenny & Abramowitz, attorneys; Kenneth D. Roth, on the brief).

Myers, Matteo, Rabil & Norcross, attorneys for appellant The Association of Schools and Agencies for the Handicapped (David F. Norcross, on the brief).

Alfred E. Ramey, Jr., Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Alfred E. Ramey, Jr., on the brief).

Before Judges BRODY, GAYNOR and BAIME.

Argued (A-6044-83T7) October 17, 1985.

Submitted (A-531-84T7) October 17, 1985.

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

Each of these appeals, which we now consolidate, is brought by a different association of private schools engaged in the education of handicapped children. The appeals challenge the facial validity of most of the State Board of Education (the State Board) regulations, effective September 4, 1984, entitled "Tuition...

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