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Argued: June 4, 2001

Before this Court in its original jurisdiction are preliminary objections filed by the Department of Education of the Commonwealth of Pennsylvania (Department) and Eugene Hickok, Secretary of Education, (collectively, the Commonwealth), in response to a petition for review in the nature of a complaint in mandamus and for declaratory relief, filed against them by the Allentown School District (School District).

On February 9, 2001, the School District filed a petition for review in the nature of a complaint in mandamus and for declaratory relief, which asked the Court to direct Respondents: (1) to recompute the School District’s Pennsylvania System of School Assessment (PSSA) scores to reflect the plain language of Section 1702-B of the Public School Code of 1949 (Code), *fn1 which, avers the School District, requires a breach of the 50 percent threshold to be determined on the basis of the respective test results of two consecutive years rather than a two- year average of test results as calculated by Respondents; (2) to exclude from the computation of PSSA scores, those students enrolled in the district for fewer than 90 instructional days of the school year in which the PSSA test was administered pursuant to Section 1703-B(a) *fn2 of the Code; and (3) to remove the School District from the EEA list.

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