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PENNSBURY SCH. DIST. v. DEPT. OF ED. ET AL.

Nos. 708 and 1631 C.D. 1978 and 206, 284, 285 and 494 C.D. 1979.

47 Pa.Commw. 428 (1979)

Pennsbury School District, Petitioner v. Commonwealth of Pennsylvania, Department of Education et al., Respondents. School District of Pittsburgh, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent. Pennsbury School District v. Commonwealth of Pennsylvania, Department of Education et al. Elizabeth M. Wilson, Petitioner. Pennsbury School District, Petitioner v. Commonwealth of Pennsylvania, Department of Education et al., Respondents. Centennial School District, Petitioner v. Commonwealth of Pennsylvania, Department of Education et al., Respondents. Centennial School District, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent.

Commonwealth Court of Pennsylvania.

November 28, 1979.

Attorney(s) appearing for the Case

Paul L. Stevens, with him Curtin & Heefner, for petitioners, Pennsbury School District and Elizabeth M. Wilson.

John Philip Diefenderfer, with him Stuckert, Yates and Krewson, for petitioner, Board of School Directors of the Centennial School District.

Grace E. D'Alo, Assistant Attorney General, with her Patricia A. Donovan, Deputy Attorney General, Chief Counsel, for respondents.

Michael I. Levin, with him William Fearen, and Cleckner & Fearen, for amicus curiae, Pennsylvania School Boards Association.

Argued September 11, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges CRUMLISH, JR. and MENCER did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, November 28, 1979:

The principal question before us is whether the Pennsylvania Department of Education (PDE) is mandated to reduce instructional subsidies to schools which provide less than 180 days of instruction. It comes to us through the consolidation of the appeals of the Pittsburgh School District (Pittsburgh) and the Centennial School District (Centennial) from orders by the Secretary of Education directing a reduction of...

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