BRIAN B. v. PENNSYLVANIA DEPT. OF EDUC.

No. Civ.A. 96-7991.

51 F.Supp.2d 611 (1999)

BRIAN B., et al. v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF EDUCATION, et al.

United States District Court, E.D. Pennsylvania.

June 18, 1999.


Attorney(s) appearing for the Case

Marsha L. Levick, Laval S. Miller-Wilson, Philadelphia, PA, Alyssa R. Fieo, Philadelphia, PA, for Brian B., by and through his mother, Lois B., Abdul R., by and through his mother, Dena R., Byron A., by and through his mother, Carrie W., Ronelle W., by and through his mother, Pamela J., Steven S., by and through his guardian, Nancy F., Jeremiah M., by and through his mother, Susan M., Anthony T., by and through his mother, Christine H., Kenneth R., by and through his mother, Nancy R., Plaintiffs.

Michael L. Harvey, Office of Attorney General, Harrisburg, PA, for Commonwealth of Pennsylvania Department of Education, Eugene Hickok, Defendants.

Natalie M. Habert, Beatty, Young, Otis and Lincke, Media, PA, for Garnet Valley School District, Defendant.

Robert T. Lear, Philadelphia, PA, for Philadelphia School District, Defendant.

Michael I. Levin, Michael I. Levin And Associates, P.C., Huntingdn Valley, PA, for Central York School District, Defendant.


OPINION

POLLAK, District Judge.

A Pennsylvania statute enacted in 1997, 24 P.S.A. § 13-1306.2(a), authorizes Pennsylvania school districts to withhold education from persons of school age who are incarcerated in county correctional institutions following conviction as adults. The statute states that "[a] person under twenty-one (21) years of age who is confined to an adult local correctional institution...

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