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Legal Memorandum: Reduction of Tuition Reimbursement

Issue: May tuition reimbursement be reduced or denied because petitioners are legally excused from a notice requirement?

Area of Law: Education Law
Keywords: Tuition reimbursement; Notice requirement
Jurisdiction: New Jersey
Cited Cases: None
Cited Statutes: N.J.A.C. 6A:14-2:10(c), 6A:14-2:10(d), 6A:14-2:10(d)4, 6A:14-2.3(e)6-7
Date: 05/01/2006

Under N.J.A.C. 6A:14-2:10(c), “parents must provide notice to the district board of education of their concerns and their intent to enroll their child in a nonpublic school at public expense.”  Without notice to the Board at the most recent IEP meeting or at least ten days prior to withdrawal, “[t]he cost of reimbursement . . . may be reduced or denied.”  N.J.A.C. 6A:14-2:10(c). 

The court’s authority to reduce or deny tuition reimbursement for lack of notice, however, is explicitly limited to certain situations.  Under 6A:14-2:10(d), reimbursement may not be reduced or denied for lack of notice if “[t]he parent had not received written notice according to N.J.A.C. 6A:14-2.3(e) and (f) of the notice requirement that is specified in (c)1 and 2 above.”  N.J.A.C. 6A:14-2:10(d)4. 

See N.J.A.C. 6A:14-2.3(e)6-7 (Parents shall be provided a written statement of their procedural safeguards upon referral of a child for evaluations, upon notification of each IEP meeting, upon reevaluation, and when a due process petition is filed.).

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