Mt. Lebanon SD v. J.S., by and through his parents H.H. and J.S.

CONCURRING AND DISSENTING ■ OPINION BY

JUDGE COSGROVE

I see nothing in Woodland Hills School District v. Department of Education, 101 Pa.Cmwlth. 506, 516 A.2d 875 (1986) that suggests a school district’s decision to be a walking district also exempts it from providing transportation to the gifted student under Section 1374 of the Public School Code of 1949.1 As the Majority stresses that such a distinction exists, I must dissent.

It’s tough enough being twelve. Couple that experience with placement of this gifted student in the foreign setting of high school, where age differences alone are…