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HARRISBURG SCHOOL DIST. v. HICKOK

761 A.2d 1132 (2000)

HARRISBURG SCHOOL DISTRICT; Harrisburg School Board; Joseph C. Brown; Linda M. Cammack; Judith C. Hill; Wanda R.D. Williams, Individually, and as Parent and Natural Guardian of Rauwshan Williams; Ricardo A. Davis, Individually, and as Parent and Natural Guardian of Jeremiah Stephenson and Tiffany Davis; Clarice Chambers; Joy Ford, Individually, and as Parent and Natural Guardian of Casel J. Ford; Susan Wilson, Individually, and as Parent and Natural Guardian of Brandi Wilson and Samantha Wilson; Grace Bryant, Individually, and as Parent and Natural Guardian of Corey Bryant; Glenise Cobb-Wingfield, Individually, and as Parent and Natural Guardian of Jhonatha Wingfield and Asia Wingfield, Appellees, v. Eugene HICKOK, Secretary of Education, Commonwealth of Pennsylvania; Stephen R. Reed, Mayor of Harrisburg; Tom Ridge, Governor of Pennsylvania; Jane/John Doe I, Jane/ John Doe II, Jane/John Doe III, Jane/ John Doe IV, Jane/John Doe V, Potential Members of the Board of Control for the Harrisburg School District; Senator Robert C. Jubelirer, President Pro Tempore of the Senate of the Commonwealth of Pennsylvania and Matthew J. Ryan, Speaker of the House of Representatives of the Commonwealth of Pennsylvania, Intervenors, Appellants. Appeal of Governor Tom Ridge and Secretary of the Pennsylvania Department of Education Eugene Hickok. Appeal of: Senator Robert C. Jubelirer, President Pro Tempore of the Senate of the Commonwealth of Pennsylvania and Matthew J. Ryan, Speaker of the House of Representatives of the Commonwealth of Pennsylvania, Intervenors. Appeal of: Stephen R. Reed, Mayor of Harrisburg, and Jane/John Doe, I, Jane/John Doe, II, Jane/John Doe, III, Jane/John Doe, IV, Jane/John Doe, V, Potential Members of the Board of Control for the Harrisburg School District.

Supreme Court of Pennsylvania.

Decided November 27, 2000.

Attorney(s) appearing for the Case

Linda Cadden Barrett, Daniel John Doyle, Ann G. St. Ledger, D. Michael Fisher, Susan Jane Forney, Harrisburg, for Ridge and Hickok.

Marci A. Hamilton, Royce Leon Morris, Atlanta, GA, Steven Edward Grubb, Harrisburg, David M. Steckel, Ronald M. Katzman, Harrisburg, for Harrisburg School Dist., et al.

Todd P. Prugar, Pittsburgh, Thomas Peter Brogan, for Mayer Reed, et al.

Ronald N. Jumper, Harrisburg, amicus curiae for Robert J. Mellow.

Linda J. Shorey, for Matthew J. Ryan.

John P. Krill, for Robert C. Jubelirer.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and SAYLOR, JJ.

OPINION

FLAHERTY, Chief Justice.

This is an appeal from an order of Commonwealth Court granting appellees' motion for a preliminary injunction to enjoin the enforcement of Section 1707-B (the Reed Amendment) of the Education Empowerment Act (EEA), Act 16 of 2000. The act provides that school districts which have performed poorly be identified and assisted by the Department of Education in improving their performance. At issue in this case is whether...

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