STUBBS v. KLINE

Civ. A. No. 78-431.

463 F.Supp. 110 (1978)

Terrance STUBBS, a minor, by Josephine Goolsby, his mother and guardian, and Josephine Goolsby, Plaintiffs, v. Caryl M. KLINE, Individually and in her capacity as Secretary of Education of the Commonwealth of Pennsylvania, Department of Education of the Commonwealth of Pennsylvania, the State Board of Education of the Commonwealth of Pennsylvania, Frank S. Manchester, Individually and in his capacity as Deputy Secretary and Commissioner for Basic Education, Gary J. Makuch, Individually and in his capacity as Director of the Bureau of Special and Compensatory Education, William Ohrtman, Individually and in his capacity as Chief of the Special Education Programs and Services Division, Sto-Rox School District, Theodore Telep, in his capacity as superintendent of the Sto-Rox School District, Allegheny Intermediate Unit, the Home for Crippled Children, and the Highland School, Defendants.

United States District Court, W. D. Pennsylvania.

December 28, 1978.


Attorney(s) appearing for the Case

Richard J. Federowicz, Neighborhood Legal Services, Pittsburgh, Pa., for plaintiffs.

Jack E. Solomon, Asst. Atty. Gen., Thomas M. Rutter, Jr., David L. Lichtenstein, Pittsburgh, Pa., Ernest N. Helling, Asst. Atty. Gen., Harrisburg, Pa., Martha A. Zatezalo, Pittsburgh, Pa., for defendants.


OPINION

ZIEGLER, District Judge.

I. History of Case

Plaintiffs, Terrance Stubbs, a handicapped child, and his mother, Josephine Goolsby, filed an original and amended complaint against the Department of Education and the State Board of Education of the Commonwealth of Pennsylvania (hereinafter Commonwealth agencies), four individual officers of those agencies, the Sto-Rox School District, the Superintendent of the School District, the Allegheny...

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