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LEVY ET AL. v. DEPT. OF EDUCATION

No. 1192 C.D. 1977.

41 Pa.Commw. 356 (1979)

Sharri Levy, a minor, by her parents and next friends, Richard and Jeannette Levy, Petitioners v. Commonwealth of Pennsylvania, Department of Education, Respondent.

Commonwealth Court of Pennsylvania.

March 23, 1979.

Attorney(s) appearing for the Case

Steven S. Goldberg, with him Janet F. Stotland, for appellant.

John A. Alzamora, Assistant Attorney General, for appellee.

Argued December 8, 1978, before Judges ROGERS, DiSALLE and CRAIG, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, March 23, 1979:

This case is before us because of the inability of the local school district and intermediate unit, on the one hand, and the Department of Education, on the other, to agree on the precise nature of Sharri L.'s mental disability. Their disagreement has placed this child (now 16 years of age) between the Scylla of mental retardation and the Charybdis of brain injury. The situation stems from the fact that those who are responsible...

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