DocketNumber: Appeal, No. 419 C.D. 1976
Citation Numbers: 29 Pa. Commw. 362
Judges: Blatt, Crumlish, Mencer
Filed Date: 3/21/1977
Status: Precedential
Modified Date: 6/24/2022
Opinion by
On February 26, 1975, Howard H. (appellant) was a ninth grade student in the Red Land High School of the West Shore School District. On that date, he
Howard H. and his parents filed a complaint in equity in the Court of Common Pleas of Cumberland County seeking to enjoin the West Shore School District, its Supervisor and Board of Directors, from failing to provide the appellant with educational services within the District. The complaint alleged that the defendants had wrongfully failed to provide the plaintiff with educational services in violation of 22 Pa. Code §12.6 (h), a regulation duly adopted by the State Board of Education. The lower court denied the request for an injunction, holding that the requirement of readmission set forth in the regulation was beyond the power of the State Board and therefore unenforceable. This appeal followed.
Order
And Now, this 21st day of March, 1977, the order of the Court of Common Pleas of Cumberland County dated February 23, 1976 denying the plaintiff’s request for an injunction is hereby affirmed.
Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §1-101 et seq.
The appellant could have appealed this decision of the School Board pursuant to the Local Agency Law, Act of December 2, 1968, P.L. 1133, 53 P.S. §11301 et seq. See McDonald v. Penn Hills Township School Board, 7 Pa. Commonwealth Ct. 339, 298 A.2d 612 (1972).