Cordero Ex Rel. Bates v. Pennsylvania Department of Education

MEMORANDUM

RAMBO, District Judge.

Before the court is the motion for summary judgment of the plaintiff class. This motion has been fully briefed, including an amicus curiae brief filed by the Pennsylvania Association of School Districts, and is therefore ripe for disposition.

Background

This action challenges the Commonwealth of Pennsylvania’s • system for educating its disabled children. As presently configured, Pennsylvania’s special education system involves the use of both public and private schools. Generally, public school placement for disabled children— special classes within “mainstream”…