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WEST CHESTER A. SCH. DIST. v. SEC. OF ED. ET AL.

No. 54 C.D. 1977.

43 Pa.Commw. 14 (1979)

West Chester Area School District, Petitioner v. Commonwealth of Pennsylvania, Secretary of Education of Pennsylvania and the Department of Education of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

May 22, 1979.

Attorney(s) appearing for the Case

Ross A. Unruh, with him Lynn S. Palenscar, and MacElree, Harvey, Gallagher & Kean, Ltd., for appellant.

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

James E. McErlane, with him Lamb, Windle & McErlane, for intervenors.

Submitted on briefs, December 7, 1978, to Judges CRUMLISH, JR., MENCER and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., May 22, 1979:

This appeal is one of many we are called upon to consider where there is a conflict of opinion of the authorities and parents of emotionally disturbed school age children.

The Secretary of Education affirmed a hearing officer's determination that a day school program was the appropriate educational placement for a socially and emotionally disturbed school-aged child who lived in the School District (District)....

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