SCHOOL COMMITTEE OF BOSTON v. BOSTON


383 Mass. 693 (1981)

421 N.E.2d 1187

SCHOOL COMMITTEE OF BOSTON & others vs. CITY OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 4, 1981.


Attorney(s) appearing for the Case

Stephen H. Oleskey (Richard A. Johnston & Harold Carroll, Corporation Counsel, with him) for the defendants.

Marshall Simonds (Henry C. Dinger with him) for the plaintiffs.

Thomas A. Mela, for Massachusetts Advocacy Center, amicus curiae, submitted a brief.

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


LIACOS, J.

This case involves a dispute over the funding of programs for special education in the city of Boston. At issue is whether the city's obligation under G.L.c. 71B, § 5, to provide funding for special education is limited by the Boston public school financing scheme set forth in St. 1936, c. 224, as amended. The case was argued before the full court on February 4, 1981, and on February 12, 1981, we ordered entry of the following partial summary judgment...

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