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SCAVELLA v. SCHOOL BD. OF DADE COUNTY

Nos. 50831, 51564.

363 So.2d 1095 (1978)

Emery SCAVELLA by His Parents Yvonne Scavella and Elbridge Scavella, Appellants, v. The SCHOOL BOARD OF DADE COUNTY and the Florida Department of Education, Appellees. Jerry GRACE by His Mother Lisa Grace, Appellants, v. The SCHOOL BOARD OF DADE COUNTY and the Florida Department of Education, Appellees.

Supreme Court of Florida.

Rehearing Denied November 28, 1978.

Attorney(s) appearing for the Case

Louis R. Beller, Miami Beach, for appellants.

Frank A. Howard, Jr. and Phyllis O. Douglas, Miami, for School Board of Dade County.

Winifred L. Wentworth, Gen. Counsel and John D. Carlson, Counsel, Tallahassee, for Florida Department of Education.

ADKINS, Justice.

We have for review on direct appeal two consolidated cases where the circuit court judges upheld the constitutionality of Chapter 75-284, Section 26, Laws of Florida codified at and hereafter referred to as Section 230.23(4)(m)7, Florida Statutes (1977). Both cases involve exceptional students who have been attending private schools because of the lack of special services in the Dade County public schools to meet their special needs. Before the 1975...

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