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POLK v. CENTRAL SUSQUEHANNA INTERMEDIATE UNIT 16

No. 87-5585.

853 F.2d 171 (1988)

POLK, Ronald and Polk, Cindy, parents and natural guardians of Christopher Polk, Appellants, v. CENTRAL SUSQUEHANNA INTERMEDIATE UNIT 16, Central Columbia Area School District and Bloomsburg Area School District, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 26, 1988.

Rehearing and Rehearing Denied August 19, 1988.

Attorney(s) appearing for the Case

John A. Mihalik (argued), Hummel, James & Mihalik, Bloomsburg, Pa., for appellants.

Janet F. Stotland, Educ. Law Center, Inc., Philadelphia, Pa., for amicus curiae.

Audrey L. Jacobsen (argued), Charles W. Craven, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, Pa., for appellee, Central Susquehanna Intermediate Unit 16.

Gary E. Norton (argued), Derr, Pursel & Luschas, Bloomsburg, Pa., for appellee, Central Columbia School Dist.

Before HIGGINBOTHAM and BECKER, Circuit Judges, and HUYETT, District Judge.

Rehearing and Rehearing In Banc Denied August 19, 1988.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal requires that we examine the contours of the "free appropriate public education" requirement of the Education of the Handicapped Act, as amended, 20 U.S.C. §§ 1401-1461, (1982) (EHA), as it touches on the delivery of physical therapy, which is a "related service" under the EHA. Ronald and Cindy Polk are parents of Christopher...

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