DUQUESNE C.S.D. v. PA. DEPT. OF ED.

No. 2223 C.D. 1988.

124 Pa.Commw. 192 (1989)

555 A.2d 959

Duquesne City School District and The Steelton Highspire School District, Petitioners v. Commonwealth of Pennsylvania, Department of Education, Respondent.

Commonwealth Court of Pennsylvania.

March 15, 1989.


Attorney(s) appearing for the Case

Ira Weiss, Mistick, Sittig & Weiss, with him, Allen D. Smith, for petitioners.

Carl H. Shuman, Deputy General Counsel, with him, Mary Patricia Fullerton, Assistant Counsel, for respondent.

Christopher A. Lewis, Executive Deputy General Counsel, for amicus curiae, The Office of State Inspector General.

Argued February 6, 1989, before Judges CRAIG and PALLADINO, and Senior Judge NARICK, sitting as a panel of three.


OPINION BY JUDGE CRAIG, March 15, 1989:

Duquesne City School District and Steelton Highspire School District have appealed from separate but similar actions of Secretary of Education Thomas K. Gilhool, dated August 17, 1988, in which he invalidated test results, and directed retesting, with respect to specified grade levels and subjects in each of the two districts, in connection with the Testing for Essential Learning and Literacy Skills Program (TELLS) administered...

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