MURPHY v. SCHOOL COMMITTEE OF BRIMFIELD


378 Mass. 31 (1979)

389 N.E.2d 399

RODERICK P. MURPHY & others vs. SCHOOL COMMITTEE OF BRIMFIELD (and two companion cases).

Supreme Judicial Court of Massachusetts, Hampden, Plymouth.

May 7, 1979.


Attorney(s) appearing for the Case

Matthew R. McCann (James F. Cosgrove with him) for the School Committee of Brimfield.

Albert B. Cook for Roderick P. Murphy & others.

James A. Toomey & Mary W. Nelson for the Whitman-Hanson Regional School Committee & others.

Thomas F. Quinn for Michael J. Regan & others.

Austin Broadhurst & Wendell Robert Carr, for the Massachusetts Association of School Committees, Inc., amicus curiae, submitted a brief.

Edward R. Ryan, Town Counsel, for the School Committee of Scituate.

Francis B.J. Badger, for Nancy Norberg & another, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & LIACOS, JJ.


LIACOS, J.

The school committees of Brimfield, the Whitman-Hanson Regional District, and Scituate furnish school transportation to resident students attending public schools. They have declined, however, to furnish transportation to resident students attending private schools which are located outside their school districts. Relying on G.L.c. 76, § 1, as amended through St. 1971, c. 875, the compulsory attendance law, several parents of the pupils denied transportation...

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