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HARK v. SCHOOL DIST. OF PHILADELPHIA

Civ. A. No. 80-951.

505 F.Supp. 727 (1980)

Kenneth and Marcia HARK, individually and as parents of Lester Hark v. The SCHOOL DISTRICT OF PHILADELPHIA and Michael P. Marcase, Superintendent and Commonwealth of Pennsylvania, Department of Education and Robert Scanlon.

United States District Court, E. D. Pennsylvania.

December 22, 1980.

Attorney(s) appearing for the Case

William L. Meritz, Bensalem, Pa., for plaintiff.

Ernest N. Helling, Nancy K. Matlowski, Allen C. Warshaw and Harvey Bartle III, Harrisburg, Pa., for defendants Robert Scanlon and Comm. of Pa. Dep't. of Education.

Robert T. Lear, Philadelphia, for defendants, School Dist. of Philadelphia, and Michael P. Marcase.

MEMORANDUM

LOUIS H. POLLAK, District Judge.

Kenneth and Marcia Hark brought this action on their own behalf and that of their son, Lester, to obtain reimbursement of funds they expended on the special education Lester requires because of his emotional and consequent learning disabilities. By separate order, the defendants' motions to dismiss are denied in part and granted in part.

I.

The Harks base their case on several federal statutes...

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