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D.C. v. SCHOOL DIST. OF PHILADELPHIA

879 A.2d 408 (2005)

D.C., K.C. and K.J., Appellants v. SCHOOL DISTRICT OF PHILADELPHIA.

Commonwealth Court of Pennsylvania.

Decided July 20, 2005.

Attorney(s) appearing for the Case

Marsha L. Levick and Len Rieser, Philadelphia, for appellants.

Scott F. Cooper, Philadelphia, for appellee.

John O. J. Shellenberger, III, Philadelphia, for Amicus Curiae, Office of Attorney General.

BEFORE: COLINS, President Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, LEADBETTER, Judge, and SIMPSON, Judge.

OPINION BY Judge SMITH-RIBNER.

Juveniles D.C., K.C. and K.J. (Students) appeal from an order of the Court of Common Pleas of Philadelphia County in their action filed as a class action seeking a declaration that Section 2134 of the Public School Code of 1949 (School Code), Act of March 10, 1949, P.L. 30, as amended, added by Section 19 of the Act of June 29, 2002, P.L. 524, 24 P.S. § 21-2134, is unconstitutional and requesting an injunction against its...

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