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CENTENNIAL SCH. D. v. DEPT. OF ED. ET AL.

No. 1345 C.D. 1984.

94 Pa.Commw. 530 (1986)

Centennial School District, Petitioner v. Commonwealth of Pennsylvania, Department of Education and Robert C. Wilburn, Secretary of Education, Respondents.

Commonwealth Court of Pennsylvania.

January 31, 1986.

Attorney(s) appearing for the Case

John Philip Diefenderfer, Stuckert, Yates & Krewson, for petitioner.

Mary Beth O'Hara Osborne, for respondents.

Thomas E. Coval, Clover & Coval, for intervenor/respondents, Richard and Judy Auspitz.

William Fearen, with him, Michael I. Levin, for amicus curiae, Pennsylvania School Boards Association.

John D. Killian, Killian & Gephart, for amicus curiae, Pennsylvania Association for Gifted Education.

Argued April 8, 1985, before Judges MacPHAIL, DOYLE and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, January 31, 1986:

The Centennial School District (District) appeals from an order of the Secretary of Education (Secretary) which requires the District to provide an appropriate individualized education program (IEP) for an exceptional student, Terry Auspitz, who is mentally gifted. We affirm.

Terry is presently eleven years old and resides with his parents in the District. In October of 1981, the District developed an IEP for him...

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