BATTLE v. COM. OF PA.

Nos. 79-2158, 79-2188 to 79-2190, and 79-2568 to 79-2570.

629 F.2d 269 (1980)

Patricia Sue BATTLE, by her parents and next friend June E. Battle and Donald E. Battle and June E. Battle and Donald E. Battle in their own right, on behalf of themselves and all others similarly situated v. COMMONWEALTH OF PENNSYLVANIA, Caryl M. Kline, Secretary of Education, Commonwealth of Pennsylvania, Department of Education, The Abington School District, Dr. Carl B. Hoffman, Superintendent of the Abington School District, The Woods Schools, Dr. Harold S. Barbour, President of the Woods Schools. BERNARD, Natalie, a minor, by her parents and natural guardians Bernard, Clara M. and Bernard, Robert A. in their own right, on behalf of themselves and all others similarly situated v. COMMONWEALTH OF PENNSYLVANIA, Kline, Caryl, Secretary of Education, Commonwealth of Pennsylvania, Department of Education, The Marple Newtown School District, Sanner, Glenn, Superintendent of the Marple Newtown School District, Elwyn Institute, Clard, Dr. Gerald R., President of the Elwyn Institute. ARMSTRONG, Patricia and John, Individually and on behalf of their minor child, Gary Armstrong and Norma H., Individually and on behalf of her minor child, Richard H., on behalf of themselves and all those similarly situated v. KLINE, Caryl, Secretary of Education of the Commonwealth of Pennsylvania, Individually and in her official capacity, The School District of Philadelphia, Michael Marcase, Individually and in his official capacity as Superintendent of the School District of Philadelphia and Arthur W. Thomas, Mrs. Edward Oberholtzer, Augustus Baxter, Mrs. Lawrence Boonin, Robert Sebastian, Mrs. Michael Stack, George Philip Stahl, Jr., and Dr. Nicholas Trolio, Individually and in their official capacities as members of the Board of Education of the School District of Philadelphia.

United States Court of Appeals, Third Circuit.

Decided July 15, 1980.


Attorney(s) appearing for the Case

Allen C. Warshaw, Deputy Atty. Gen., Dept. of Justice (argued), Edward G. Biester, Jr., Norman J. Watkins, John Alzamora, Harrisburg, Pa., for appellants in Nos. 79-2188 and 79-2568-79-2570.

Janet F. Stotland, Philadelphia, Pa. (argued), for appellees, Armstrong, et al.

Sylvia Meek, Philadelphia, Pa. (argued), for appellees, Battle and Bernard.

Michael I. Levin (argued), William Fearen, Cleckner & Fearen, Harrisburg, Pa., for amicus curiae for Pennsylvania School Boards Association.

Gwendolyn H. Gregory (argued), Thomas A. Shannon, August W. Steinhilber, Washington, D.C., Richard S. Cohen, Waldemar G. Buschmann, Augusta, Me., for amicus curiae for State of Maine and National School Boards Association.

Frank D. Allen (argued), Joan Z. Bernstein, Ann Marie Reilly, Drew S. Days, III, Peter F. Vaira, Brian K. Landsberg, Washington, D.C., for amicus curiae for United States of America.

Roger A. Akin, Wilmington, Del., for amici curiae for the State of Delaware and Board of Education, State of Delaware.

Robert T. Lear, Legal Department, Philadelphia, Pa., for School District of Philadelphia.

Eleanore O'N. Kolodner, Robert A. MacDonnell, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for Abington School District.

Vram Nedurian, Newtown Square, Pa., Lewis B. Beatty, Butler, Beatty, Greer & Johnson, Media, Pa., for Marple Newtown School District.

Before HUNTER, VAN DUSEN, and SLOVITER, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

The Education for All Handicapped Children Act, 20 U.S.C. §§ 1401-1420 (1976), requires that every state which elects to receive federal assistance under the Act provide all handicapped children with the right to a "free appropriate public education," id. § 1412, and establishes detailed procedures for implementing that right. Id. § 1415. The Commonwealth of Pennsylvania...

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