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COMMUNITY COUNTRY DAY SCHOOL v. COMMONWEALTH PENNSYLVANIA (05/12/80)

decided: May 12, 1980.

COMMUNITY COUNTRY DAY SCHOOL, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF EDUCATION, RESPONDENT



Appeal from the Order of the Secretary of Education in case of In the Matter of the Show Cause Hearing -- Community Country Day School, No. 2-77, Non-Public School.

COUNSEL

Edward W. Goebel, Jr., MacDonald, Illig, Jones & Britton, for petitioner.

John A. Alzamora, Assistant Attorney General, with him Patricia A. Donovan, Chief Counsel, for respondent.

Judges Crumlish, Jr., Mencer and MacPhail, sitting as a panel of three. Opinion by Judge Mencer. President Judge Bowman and Judge DiSalle did not participate in the decision in this case.

Author: Mencer

[ 51 Pa. Commw. Page 288]

The Community Country Day School (CCDS) has appealed from an order of the Secretary of Education (Secretary) which refused approval of CCDS as a private school for exceptional children, thereby rendering CCDS ineligible for tuition reimbursement pursuant to Section 1376 of the Public School Code of 1949 (Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. ยง 13-1376. We vacate the Secretary's order and remand for proceedings consistent with this opinion.

On July 2, 1975, CCDS received the following letter from the Secretary of Education:

I have examined very carefully the materials centered around your request for the Community Country Day School to become an approved private school for socially and emotionally disturbed school-aged persons. I understand that you have met the Commonwealth's laws and standards for approval and have discussed this matter with Dr. Moody and his staff and they agree that the facility warrants approval.

The Community Country Day School is granted approval as an approved private school for socially and emotionally disturbed youth, thus making it possible for the Commonwealth to purchase tuition and/or tuition and maintenance from the facility, provided that the following conditions are met:

1. The program operate at a level of quality that meets the standards as outlined in the

[ 51 Pa. Commw. Page 289]

    evaluation procedures that were reviewed with you during the Spring of 1975, with improvements in accordance with the recommendations of the review team;

2. In the event of staff turnover, in no instance shall staff be hired that are not qualified as prescribed for approved private schools;

3. That a descriptive brochure of all administrative services and curriculum offerings be published and disseminated, and

4. Our staff continue to review and evaluate and assist you in operating quality programs for socially and ...


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