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MATTER OF ADOPTION OF AMENDMENTS TO N.J.A.C. 6:28-2.10

305 N.J. Super. 389 (1997)

IN THE MATTER OF THE ADOPTION OF AMENDMENTS TO N.J.A.C. 6:28-2.10, 3.6 AND 4.3.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 1997.

Attorney(s) appearing for the Case

Nancy E. Faccone argued the cause for appellant New Jersey Protection and Advocacy, Inc. (Linda D. Headley, of counsel, Ms. Faccone, on the brief).

Geraldine Callahan, Deputy Attorney General, argued the cause for respondent State Board of Education (Peter Verniero, Attorney General, attorney; Michael J. Haas, Senior Deputy Attorney General, of counsel; Ms. Callahan, on the brief).

Before Judges CONLEY, WALLACE and CARCHMAN.

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

This appeal involves a particular provision of the Department of Education's regulations governing handicapped children, specifically N.J.A.C. 6:28-3.6(d)(5)(xv). Pursuant to that regulation, the individualized education program each local district must develop for a handicapped child must include in its description of the child's education program "any specialized equipment and materials" necessary....

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