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LEXINGTON v. COMMISSIONER OF EDUCATION

393 Mass. 693 (1985)

473 N.E.2d 673

TOWN OF LEXINGTON & another vs. COMMISSIONER OF EDUCATION & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

January 21, 1985.

Attorney(s) appearing for the Case

Laurie S. Gill (Jeffrey Swope with her) for the town of Lexington & another.

Ouida C.M. Young, Assistant City Solicitor, for the city of Newton & another.

Carolyn V. Wood, Assistant Attorney General, for the Commissioner of Education & another.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, & LYNCH, JJ.

ABRAMS, J.

At issue is whether an act mandating increased busing for private school students is subject to G.L.c. 29, § 27C, the "local mandate" provision of St. 1980, c. 580 (Proposition 2 1/2). In 1983, the Legislature amended G.L.c. 76, § 1, to require that "[e]ach school committee shall provide transportation for any pupil attending ... an approved private school within the boundaries of the school district, provided, however, that the distance between...

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