GATEWAY SCHOOL DIST. v. DEPT. OF EDUC.


126 Pa.Commw. 256 (1989)

559 A.2d 118

GATEWAY SCHOOL DISTRICT, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 25, 1989.


Attorney(s) appearing for the Case

Thomas M. Rutter, Jr., Sol., Donald J. Palmer, Goehring, Rutter & Boehm, Pittsburgh, for petitioner.

John Pushinsky, Pittsburgh (Notice of Intervention), for Eric L., Intervenor.

Debra R. Cruel, Yvonne Okonieski, Ernest N. Helling, Asst. Chief Counsel, Jay P. Heubert, Chief Counsel, Harrisburg, for Dept. of Educ.

Before CRAIG, DOYLE and PALLADINO, JJ.


PALLADINO, Judge.

Gateway School District (Petitioner) appeals from an order of the Secretary of the Department of Education (Secretary) adopting the recommendation of a hearing officer that Petitioner develop an Individualized Education Program (IEP), for Eric L., which includes college level courses. For the reasons set forth below, we quash Petitioner's appeal.

This case arose when, in October of 1987, Eric L., a gifted student in the Gateway School District...

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