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ASHBOURNE SCHOOL ET AL. v. DEPT. OF ED.

No. 1004 C.D. 1978.

43 Pa.Commw. 593 (1979)

Ashbourne School et al., Petitioners v. Commonwealth of Pennsylvania, Department of Education, Respondent.

Commonwealth Court of Pennsylvania.

June 28, 1979.

Attorney(s) appearing for the Case

John D. Killian, with him Killian & Gephart, for petitioners.

John A. Alzamora, Assistant Attorney General, with him Patricia A. Donovan, Deputy Attorney General, Chief Counsel, for respondent.

Robert L. Franklin and Franklin, Grodinsky, Boonin, for amicus curiae, Arnold Melnick, D.O.

Argued March 7, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE and MacPHAIL. Judges CRUMLISH, JR. and CRAIG did not participate.

OPINION BY JUDGE DiSALLE, June 28, 1979:

We have before us a petition for review filed on behalf of twelve private schools (Petitioners) previously approved by the Department of Education of the Commonwealth of Pennsylvania (Department) for the special education of state tuition reimbursable exceptional children.1 In their challenge to the adjudication of the Secretary of Education (Secretary), dated April 11, 1978, Petitioners assign...

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