Hoitt

Appellant Kenneth Hoitt, who suffers from cerebral palsy, applied to the Department of Rehabilitation (Department) seeking full reimbursement of his tuition associated with pursuing a degree in video game art and design at a private college. The Department determined Hoitt was eligible for tuition assistance but only at the “state university” rate. In this appeal, Hoitt challenges a decision of the Rehabilitation Appeals Board (Board) that upheld the Department’s determination.

Hoitt’s appeal turns on the interpretation of regulations governing when the Department is obligated to provide vocational training at a private institution for an eligible person with a disability. He focuses primarily on section 7155, *517 subdivision (a)(1) of title 9 of the California Code of Regulations, 1 which in general provides that training at a private institution may be provided if it is clear the client’s training needs can be “better met” by a private institution. We conclude the Department is obligated to fund training at no more than the rate charged by a public institution if it establishes that the public institution is sufficient to meet the client’s training needs and…