PENNSYLVANIA SCHOOL BOARDS v. BARNES


885 A.2d 97 (2005)

The PENNSYLVANIA SCHOOL BOARDS ASSOCIATION, INC., the Mars Area School District and the Karns City Area School District, Petitioners v. Dr. Francis BARNES, Secretary of Education of the Commonwealth of Pennsylvania and the Commonwealth of Pennsylvania, Department of Education, Respondents.

Commonwealth Court of Pennsylvania.

Decided October 19, 2005.


Attorney(s) appearing for the Case

Paul N. Lalley, Huntingdon Valley, for petitioners.

Gregory E. Dunlap, Deputy General Counsel, Harrisburg, for respondents.

Linda J. Shorey, Harrisburg, for intervenor, Senator Robert C. Jubelirer.

James F. Tierney, IV, Scranton, for intervenor, Senator Robert J. Mellow.

BEFORE: COLINS, President Judge, and FRIEDMAN, Judge, and FLAHERTY, Senior Judge.


OPINION BY President Judge COLINS.

The Pennsylvania School Boards Association (Association), the Mars Area School District, the Karns City Area School District, and the Slippery Rock Area School District1 have filed a petition for review in our original jurisdiction, naming the Department of Education (PDE) and its Secretary as respondents, seeking declaratory relief and a writ of mandamus.2 The petition arises...

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