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LISA H. ET AL. v. ST. BD. OF ED. ET AL.

No. 54 T.D. 1980.

67 Pa.Commw. 350 (1982)

Lisa H. and Nichole H., Minors, by Their Mother and Natural Guardian, Doris H., Petitioners v. The State Board of Education et al., Respondents.

Commonwealth Court of Pennsylvania.

July 8, 1982.

Attorney(s) appearing for the Case

Doris Applebaum, for petitioners.

Paul L. Stevens, of counsel: Curtin and Heefner, for respondent, Bucks County Schools, Intermediate Unit No. 22.

D. Donald Jamieson, with him Jeffrey Cooper, Mesirov, Gelman, Jaffe, Cramer & Jamieson, for respondents, Bensalem Township School District et al.

Ernest N. Helling, Assistant Attorney General, with him Michael A. Davis, Assistant Attorney General, Chief Counsel, for respondents, State Board of Education et al.

John D. Killian, Killian & Gephart, for Amicus Curiae, Pennsylvania Association for Gifted Education.

Argued December 16, 1981, before President Judge CRUMLISH and Judges BLATT, WILLIAMS, JR., CRAIG and MacPHAIL.

OPINION BY JUDGE BLATT, July 8, 1982:

The plaintiffs in this case are two elementary school students in the Bensalem Township, Bucks County School District (School District) who were evaluated but not selected to participate in the special education program for "gifted and talented school-aged persons" provided by the defendants.1 The plaintiffs assert that Section 13.1(ii) of the...

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