Lincoln Intermediate Unit No. 12 v. Commonwealth

Opinion by

Judge Craig,

Lincoln Intermediate Unit (LIU) and Tuscarora School District have moved for peremptory judgment in mandamus, asking this court to compel the Pennsylvania Department of Education (DOE) to comply with statutes and regulations governing special education and to approve or disapprove LIU’s plan amendments and budget for the 1988-1989 school year without regard to DOE’s funding allocations or other fiscal restraints.

Senior Judge Bucher of this court denied the petitioners’ motion for peremptory judgment on September 1, 1988. LIU sought review of Judge Bucher’s decision under…