the excellent application of education that DePaul has given these children in such an exceptional set of circumstances of a deaf family. For that reason, the court may judge counsel less harshly that they deserve, mainly for the reason that such attorney conduct should not recur in cases such as this. This is the only admonishment I shall heap upon counsel because no real harm was done and I shall overlook the carelessness and disregard of plaintiff counsel of both his client and the court instead of imposing sanctions as ordinarily would be done. The matter will be dealt with in accordance with a proper order of court.
This court has jurisdiction under the Education of the Handicapped Act of 1975. 20 U.S.C. Section 1401 et. seq.
The Findings of Fact and Conclusions of Law are incorporated in this Opinion in accordance with Federal Rule of Civil Procedure 52.
AND NOW, TO-WIT, this 28th day of April, 1988, the petition of the plaintiff is hereby granted and it is hereby ordered and directed:
that the plaintiff children, Jennifer and Rene, shall continue to remain as students at DePaul Institute until their graduations;
that additionally, the defendants, School District of Pittsburgh, Pittsburgh Intermediate Unit #2, William W. Penn, Director of Division for Exceptional Children of the School District of Pittsburgh and Director of Pittsburgh Intermediate Unit #2, Department of Education of the Commonwealth of Pennsylvania, and Robert C. Wilburn, Secretary of the Department of Education are hereby restrained from interfering with the attendance of school of Jennifer and Rene at DePaul Institute until their graduations;
that the defendants shall continue to fund the education of Jennifer and Rene at DePaul Institute until their graduations; and
that attorney's fees are hereby denied except for such amounts as DePaul's Parent Action Group has paid to Ralph J. Sanders as counsel fees and that such sums shall be repaid by the defendants to the DePaul's Parent Action Group, and all costs shall be borne by the defendants, School District of Pittsburgh and Department of Education of the Commonwealth of Pennsylvania.