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CCDS v. PA. DEPT. OF EDUC.

164 Pa.Commw. 42 (1994)

641 A.2d 1282

COMMUNITY COUNTRY DAY SCHOOL, Petitioner, v. PENNSYLVANIA DEPARTMENT OF EDUCATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 9, 1994.

Reargument Denied June 29, 1994.

Attorney(s) appearing for the Case

Edward W. Goebel, Jr., for petitioner.

Jeffrey F. Champagne, Chief Counsel, for respondent.

Before CRAIG, President Judge, and COLINS, McGINLEY, SMITH, PELLEGRINI, FRIEDMAN and KELLEY, JJ.

CRAIG, President Judge.

Community Country Day School (CCDS) appeals a decision by the Secretary of Education dismissing exceptions filed by CCDS and ordering the school to reimburse the Department of Education $120,884.04 for overpayments received by CCDS for the tuition and maintenance of approved special education pupils enrolled at the school during fiscal years 1981-82, 1982-83, 1983-84 and 1984-85.

The parties have stipulated to the following facts. CCDS...

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