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BOSTON v. BOARD OF EDUCATION

392 Mass. 788 (1984)

467 N.E.2d 1318

CITY OF BOSTON & others vs. BOARD OF EDUCATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 15, 1984.

Attorney(s) appearing for the Case

Stephen S. Ostrach, Assistant Attorney General, for Board of Education.

Cathleen Cavell for the town of Brookline.

Michael J. Betcher (H. Charles Hambelton, Special Assistant Corporation Counsel, with him) for the plaintiffs.

Charles J. Beard, Stephen B. Deutsch, & Martha B. Sosman, for Metropolitan Council for Educational Opportunity, Inc., amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

HENNESSEY, C.J.

This appeal concerns the city of Boston's liability for the cost of special education services provided to a city of Boston resident, Melissa M., attending school in Brookline under the provisions of G.L.c. 76, § 12A, more commonly known as the METCO program. It arises from a determination by the Department of Education, Bureau of Special Education Appeals (bureau), that Melissa M.'s 1978-1979 "individual...

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