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TOKARCIK v. FOREST HILLS SCHOOL DIST.

Nos. 80-2844/5.

665 F.2d 443 (1981)

Amber TOKARCIK, a minor by Nileleen N. Tokarcik, her parent and natural guardian, and Michael G. Tokarcik, and Nileleen N. Tokarcik, Appellees, v. FOREST HILLS SCHOOL DISTRICT, Robert L. Beyer, Secretary, and Dr. Warren E. Howard, individually and as Supt. of Forest Hills School District and Pennsylvania Department of Education, Dr. Robert Scanlon, Secretary of Education of the Commonwealth of Pa. Appeal of FOREST HILLS SCHOOL DISTRICT, Robert L. Beyer and Robert Anderson, in 80-2844. Appeal of PENNSYLVANIA DEPARTMENT OF EDUCATION and Robert G. Scanlon, Secretary of Education, in 80-2845.

United States Court of Appeals, Third Circuit.

Decided September 8, 1981.

Rehearing and Rehearing Denied October 2, 1981.

Attorney(s) appearing for the Case

Gilbert E. Caroff (argued), Johnstown, Pa., for appellants Forest Hills School Dist., Robert L. Beyer, and Robert Anderson.

Ernest N. Helling (argued), Asst. Atty. Gen., Michael A. Davis, Asst. Atty. Gen., Chief Counsel, Mary Kay Kisthardt, Deputy Atty. Gen., Harrisburg, Pa., for appellants Pennsylvania Dept. of Ed. and Robert G. Scanlon.

Edward R. Schellhammer, John D. Gibson, Stephen E. DiNovis, Southern Alleghenys Legal Aid, Inc., Johnstown, Pa., for appellees.

William Fearen, Michael I. Levin (argued), Cleckner & Fearen, Harrisburg, Pa., for amicus curiae, Pa. School Boards Ass'n.

Before ADAMS, ROSENN and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 2, 1981.

OPINION OF THE COURT

ADAMS, Circuit Judge.

We are once again asked to define the rights of handicapped school children and the obligations of school districts, as well as the roles of courts and agencies, under the Education for All Handicapped Children Act, 20 U.S.C. § 1401 et seq. [hereinafter EAHCA].1 First, however, it is necessary to decide if an...

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