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Office of the General Counsel


Dear Mr. [xxx]:

This is in response to your telephone request of May 19, 1997, in which you explained that we had not adjudicated or otherwise responded to your claim for "unavoidable" tuition and transportation costs of your daughter, [xxx]. While you explained that these amounts were in addition to the educational costs that were granted in our decision letter of May 15, 1997, the basis for this distinction remains unclear.

As you know, we have directed the Agency to grant your claim for the educational costs incurred for your daughter during the period from August 28, 1992 to February 5, 1993. In order to review your claim for additional "unavoidable" costs, we must first know what amounts the [agency] intends to reimburse you in compliance with our decision.

We are, therefore, denying your claim at this time without prejudice in order that you may resubmit it after the [agency] has completed its compliance action.

Sincerely yours,

Murray M. Meeker
Senior Attorney

Control Panel