PHILA. CO. INT. UNIT NO. 26 v. DEPT. OF ED.

Nos. 2356 C.D. 1980, 512 C.D. 1981 and 627 C.D. 1981.

60 Pa.Commw. 546 (1981)

Philadelphia County Intermediate Unit No. 26 et al., Petitioners v. Commonwealth of Pennsylvania, Department of Education et al., Respondents. Philadelphia County Intermediate Unit No. 26 et al., Petitioners v. Commonwealth of Pennsylvania, Department of Education et al., Respondents. Philadelphia County Intermediate Unit No. 26 et al., Petitioners v. Commonwealth of Pennsylvania, Department of Education et al., Respondents.

Commonwealth Court of Pennsylvania.

July 15, 1981.


Attorney(s) appearing for the Case

John M. Elliott, with him Lawrence D. Berger and Gary R. Leadbetter, Dilworth, Paxson, Kalish and Levy, and Eugene F. Brazil and Robert T. Lear, for petitioners.

Lenora M. Smith, Assistant Counsel, with her John A. Alzamora, Assistant Counsel, and Mary Kay Kisthardt, Deputy Attorney General, for respondents.

Argued June 3, 1981, before President Judge CRUMLISH and Judges ROGERS, BLATT, MacPHAIL and PALLADINO. Judges MENCER, WILLIAMS, JR. and CRAIG did not participate.


OPINION BY JUDGE BLATT, July 15, 1981:

This matter involves three consolidated petitions for review1 filed by the Philadelphia County Intermediate Unit No. 26 and the School District of Philadelphia (petitioners) which challenge the refusal of the Department of Education (Department) and the other respondents2 to approve the petitioners' budget for special education classes or to reimburse the petitioners for...

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