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BERMUDIAN SPRINGS S. D. v. DEPT. OF EDUC.

No. 2218 C.D. 1982.

82 Pa.Commw. 566 (1984)

Bermudian Springs School District et al., Petitioners v. Commonwealth of Pennsylvania, Department of Education, Respondent.

Commonwealth Court of Pennsylvania.

May 16, 1984.

Attorney(s) appearing for the Case

John D. Killian, Killian & Gephart, for petitioners.

Ernest N. Helling, Assistant Counsel, for respondent.

Argued September 12, 1983, before Judges ROGERS, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., May 16, 1984:

This case raises the issue of the allocation under Pennsylvania law of responsibility for educating handicapped children. The case arose when, in October of 1978, the Board of Directors of the Lincoln Intermediate Unit1 (hereinafter, "the LIU") adopted changes to its special education plan. The changes provided for suspension of operation by the LIU of classes for educable mentally retarded...

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