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WELSCH ET UX. v. DEPT. OF EDUCATION

No. 920 C.D. 1978.

42 Pa.Commw. 41 (1979)

Marvin A. Welsch and Joan Welsch, Parents of Mitchell Welsch, a minor, Petitioners v. Commonwealth of Pennsylvania, Department of Education, Respondent.

Commonwealth Court of Pennsylvania.

April 17, 1979.

Attorney(s) appearing for the Case

Lester J. Schaffer, with him, of counsel, Blank, Rome, Klaus & Comisky, for petitioners.

Ernest N. Helling, Assistant Attorney General, with him Patricia A. Donovan, Deputy Attorney General, Chief Counsel, for respondent.

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 ROGERS, April 17, 1979:

The appellants, Marvin A. and Joan Welsch, are the parents of a socially and emotionally disturbed child. In December 1976 for reasons which they believed were compelling, the Welsches on their own initiative enrolled their child in a private residential school for socially and emotionally disturbed children located in Connecticut. Lower Merion, the Welsches' local School District, was then seeking appropriate placement for...

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