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GIRARD SCHOOL DIST. v. PITTENGER

481 Pa. 91 (1978)

392 A.2d 261

GIRARD SCHOOL DISTRICT et al. v. John C. PITTENGER, Secretary of Education, and the State Board of Education, et al., Appellants.

Supreme Court of Pennsylvania.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Robert P. Kane, Atty. Gen., J. Justin Blewitt, Jr., Edward A. Miller, Deputy Attys. Gen., Dept. of Justice, for appellants.

Reed B. Day, Washington, for appellees.

Michael I. Levin, William Fearen, Harrisburg, for amicus, Pa. School Boards Ass'n.

Steven S. Goldberg, Philadelphia, for amicus, Parents Union for Public Schools in Philadelphia.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and PACKEL, JJ.

OPINION OF THE COURT

POMEROY, Justice.

This appeal requires us to determine whether certain regulations adopted by the Pennsylvania State Board of Education (herein "State Board" or "Board") pertaining to student conduct and discipline are void and unenforceable for want of authority in the State Board to adopt them. The Commonwealth Court held that the State Board lacked authority and gave judgment for the plaintiff School Districts, appellees here. We...

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