PETITION OF MILAN SCHOOL DISTRICT

No. 82-024.

123 N.H. 227 (1983)

PETITION OF MILAN SCHOOL DISTRICT (New Hampshire State Board of Education).

Supreme Court of New Hampshire.

March 31, 1983.


Attorney(s) appearing for the Case

Nighswander, Martin, KillKelley & Kidder P.A., of Laconia (Bradley F. Kidder and James L. Burke on the brief, and Mr. Kidder orally), for the Milan School District.

New Hampshire Legal Assistance, of Concord (John D. MacIntosh, Margaret L. Popkin, and Carol J. Young on the brief, and Mr. MacIntosh orally), for Christine L., by and through her mother and next friend, Shirley L.

Soule, Leslie, Bronstein & Zelin, of Salem (Gerald M. Zelin on the brief), by brief for the Salem School District, as amicus curiae.

Ronald K. Lospennato, and M. Elaine Beauchesne, of Concord, and Frank Laski, of Philadelphia, Pennsylvania, by brief for the Developmental Disabilities Advocacy Center, Inc., the Association for the Severely Handicapped, Region X of the American Association on Mental Deficiency, and the New Hampshire Association for Retarded Citizens, as amici curiae.


BATCHELDER, J.

This is a petition for a writ of certiorari from a decision by the State Board of Education requiring the Milan School District to provide special education and related services to a mentally and physically handicapped child. For the reasons set forth below, we dismiss the petition.

The record indicates that Christine L. is profoundly mentally retarded (i.e., having a developmental level of zero to twelve months) and suffers from cerebral...

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