Abstract
On June 21, 1979, Judge Clarence C. Newcomer, of the United States District Court for the Eastern District of Pennsylvania, issued his decision and Order in the case of Armstrong v. Kline. Judge Newcomer held that the undisputed policy and practice of the Pennsylvania Department of Education of refusing to provide or fund the provision of a program of special education and related services in excess of 180 days per year to any handicapped student was in violation of Public Law 94-142. Also held to be in violation of the law was the Department's companion policy of instructing all hearing officers who preside at special education due process hearings that they were without the power to order or approve any educational programs exceeding 180 days per year. On July 15, 1980, the Appellate Court upheld the District Court in three separate opinions. This article describes the decision of the District Court, explains how the reasoning of the Appellate Court differs, and points out some of the implications of the Appellate Court's holding.
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