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LINCOLN I.U. ET AL. v. COM. OF PA.

No. 816 C.D. 1988.

123 Pa.Commw. 102 (1989)

553 A.2d 1020

Lincoln Intermediate Unit No. 12 and Tuscarora School District, Petitioners v. Commonwealth of Pennsylvania, Department of Education et al., Respondents.

Commonwealth Court of Pennsylvania.

January 25, 1989.

Attorney(s) appearing for the Case

Paul L. Stevens, with him, Andrew E. Faust and Curtin and Heefner, for petitioners.

Mary B. Seiverling, Deputy Attorney General, with her, John G. Knorr, III, Chief Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondents.

Michael I. Levin, with him, Frank P. Clark and Cleckner and Fearen, Amicus Curiae, for Pennsylvania School Boards Association.

Argued November 1, 1988, before Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, January 25, 1989:

Lincoln Intermediate Unit (LIU) and Tuscarora School District have moved for peremptory judgment in mandamus, asking this court to compel the Pennsylvania Department of Education (DOE) to comply with statutes and regulations governing special education and to approve or disapprove LIU's plan amendments and budget for the 1988-1989 school year without regard to DOE's funding allocations or other fiscal restraints.

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