FREDERICK L. v. THOMAS

No. 76-2385.

557 F.2d 373 (1977)

FREDERICK L., a minor by his mother, Delores L., on behalf of himself and all others similarly situated, Delaware Valley Association for Children with Learning Disabilities (Intervening pltf. in D. C.), v. Arthur THOMAS, Individually and in his capacity as President of the Board of Education of Philadelphia, Mrs. Edward Oberholtzer, William Ross, Robert M. Sebastian, Augustus Baxter, Mrs. Lawrence Bonnin, Philip Davidoff, George Hutt, and Alec Washco, Jr., Individually and in their capacities as members of the Board of Education of Philadelphia, Matthew Costanzo, Individually and in his capacity as Superintendent of Schools of the School District of Philadelphia, Althea L. Cousins, Individually and in her capacity as Director of Pupil Personnel and Counseling of the School District of Philadelphia, Marechal-Neil E. Young, Individually and in her capacity as Associate Superintendent for Special Education of the School District of Philadelphia, and the School District of Philadelphia, The Commonwealth of Pennsylvania ex rel. Israel Packel, and John C. Pittenger (Applicants for Intervention in D.C.), School District of Philadelphia, Arthur Thomas, Mrs. Edward Oberholtzer, William Ross, Robert M. Sebastian, Augustus Baxter, Mrs. Lawrence Boonin, Philip Davidoff, George Hutt, and Alec Washco, Jr., Matthew Costanzo, Althea L. Cousins, Marechal-Neil E. Young, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 17, 1977.


Attorney(s) appearing for the Case

Robert T. Lear, Philadelphia, Pa., Asst. Counsel, School District of Philadelphia, John M. Elliott, Lawrence D. Berger, Dilworth, Paxson, Kalish & Levy, Philadelphia, Pa., for appellants.

David Kraut, Stephen F. Gold, Community Legal Services, Inc., Philadelphia, Pa., for appellees Frederick L., et al.

Janet F. Stotland, Steven Goldberg, Philadelphia, Pa., for Delaware Valley Association for Children with Learning Disabilities.

Maria Parisi Vickers, Asst. Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Robert P. Kane, Atty. Gen., Philadelphia, Pa., for appellees The Commonwealth of Pennsylvania ex rel. Israel Packel and John C. Pittenger.

Before ADAMS, ROSENN and WEIS, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

In recent years, increasing attention has been focused upon the educational needs of learning disabled children.1 The lawsuit which has given rise to the present appeal is reflective of this trend. Filed in 1974, the complaint alleges that, in violation of Pennsylvania statutes and the United States Constitution, the School District of Philadelphia...

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