ABINGTON SCHOOL DIST. v. DEPT. OF EDUC.

No. 962 C.D. 2012

60 A.3d 201 (2013)

ABINGTON SCHOOL DISTRICT, Petitioner v. DEPARTMENT OF EDUCATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 7, 2013.


Attorney(s) appearing for the Case

Amy H. Taylor Brooks and Michael D. Kristofco , Blue Bell, for petitioner.

Alaina C. Koltash , Assistant Counsel, Harrisburg, for respondent.

Jeffrey F. Champagne , Harrisburg, for intervenor Pennsylvania Alliance of Approved Private Schools.

BEFORE: PELLEGRINI, President Judge, and LEADBETTER, Judge, and SIMPSON, Judge, and LEAVITT, Judge, and BROBSON, Judge.


OPINION BY President Judge PELLEGRINI.

This appeal involves what level of funding the Abington School District (District) is entitled to for the education of two special education students at Approved Private Schools (APS) under Section 1376 of the Public School Code of 1949 (Code)1 where there are no preapproved "slots" at those schools and the budget appropriation for that purpose has been exhausted...

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