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SCOTT S. v. DEPT. OF EDUCATION

No. 838 C.D. 1985.

99 Pa.Commw. 57 (1986)

512 A.2d 790

Scott S., a minor, by Peter and Winifred S., his Parents and Guardians, Petitioners v. Commonwealth of Pennsylvania, Department of Education, Respondent.

Commonwealth Court of Pennsylvania.

July 18, 1986.

Attorney(s) appearing for the Case

Janet F. Stotland, for petitioners.

Gregory R. Neuhauser, Deputy Attorney General, with him, Allen C. Warshaw, Chief Deputy Attorney General, Chief Litigation Section, Ernest Helling, Legal Division Attorney, and LeRoy S. Zimmerman, Attorney General, for respondent.

W. Mark Mullineaux, with him, Frank L. White, Jr., Duane, Morris & Heckscher, for intervenor as a matter of right, Tredyffrin/Easttown School District.

Paul L. Stevens; of Counsel: Curtin and Heefner, for Amicus Curiae, Pennsylvania Association for Gifted Education (P.A.G.E.).

Argued June 11, 1986, before President Judge CRUMLISH, JR., Judges CRAIG, MacPHAIL, BARRY and COLINS.

OPINION BY JUDGE CRAIG, July 18, 1986:

Scott S. and his parents, as petitioners, appeal from an order of the Secretary of Education rejecting a hearing officer's recommendation that Scott's individualized educational program (IEP) include a classroom-taught calculus course. The Secretary of Education's order determined that the Tredyffrin/Easttown School District's 1984-85 school year IEP proposal for Scott...

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