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CENTENNIAL SCHOOL DISTRICT v. COMMONWEALTH DEPARTMENT OF EDUCATION

517 Pa. 540 (1988)

539 A.2d 785

CENTENNIAL SCHOOL DISTRICT, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION and Robert C. Wilburn, Secretary of Education, Appellees.

Supreme Court of Pennsylvania.

Decided March 22, 1988.

Attorney(s) appearing for the Case

John Philip Diefenderfer, Newtown, for appellant.

Michael I. Levin, Harrisburg, for amicus — Pennsylvania School Bds. Assoc.

Caryl Oberman, Philadelphia, for amicus — Pennsylvania Assoc. for Gifted Educ.

John A. Alzamora, Mary Beth O'Hara Osborne, Harrisburg, for Department of Educ.

Thomas E. Coval, Willow Grove, David M. Donaldson, Deputy Atty. Gen., Andrew S. Gordon, Chief, Deputy Atty. Gen., for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The issue in this case is whether the Public School Code and regulations promulgated by the Department of Education require school districts to provide an individualized program of education for mentally gifted students, or whether school districts may lawfully elect to provide only generalized education programs for such students.

In 1981 Centennial School District (the school district) devised an individualized...

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