JORDAN v. SCHOOL DIST. OF CITY OF ERIE, PA.

Nos. 77-2137, 77-2138.

583 F.2d 91 (1978)

James JORDAN, a minor child, by his mother, Sarah Jordan, on behalf of himself and all others similarly situated, Timothy Barnes, a minor child, by his mother, Shirley Stonewall, on behalf of himself and all others similarly situated, and the Erie Human Relations Commission and Commonwealth of Pennsylvania, Intervenor, v. The SCHOOL DISTRICT OF the CITY OF ERIE, PENNSYLVANIA and William Gross, President, Erie Education Association, Pennsylvania State Education Association, National Education Association and Robert J. LaPenna and John Holter. Appeal of James JORDAN et al., Plaintiffs and representatives of the class of Plaintiffs, and Intervenor-Plaintiffs Commonwealth of Pennsylvania, in No. 77-2137. Appeal of ERIE EDUCATION ASSOCIATION, in No. 77-2138.

United States Court of Appeals, Third Circuit.

Decided August 21, 1978.


Attorney(s) appearing for the Case

George Levin, Shamp, Levin, Arduini & Hain, Erie, Pa., for appellant in No. 77-2138 and as cross-appellee in No. 77-2137.

Robert P. Kane, Atty. Gen., Thomas F. Halloran, Asst. Atty. Gen., Pittsburgh, Pa., for appellees in No. 77-2138 and as cross-appellants in No. 77-2137.

John W. Beatty, Sol., School District of the City of Erie, Erie, Pa., for appellee, School District of the City of Erie, Pa.

Joseph P. Burt, Legal Services of Northwestern Pa., Erie, Pa., for James Jordan, et al.

Before SEITZ, Chief Judge, VAN DUSEN and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

These appeals present questions concerning the due process rights of students in the public schools who are temporarily removed and transferred because of behavioral problems from their regularly assigned school to another school designed to meet the needs of such students. This is the second occasion for us to consider issues arising from a dispute over disciplinary procedures to be used in the public schools...

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