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SCHOOL COMMITTEE OF FRANKLIN v. COMMISSIONER OF EDUC.

395 Mass. 800 (1985)

482 N.E.2d 796

SCHOOL COMMITTEE OF FRANKLIN vs. COMMISSIONER OF EDUCATION & others (and a companion case).

Supreme Judicial Court of Massachusetts, Norfolk, Suffolk.

September 5, 1985.

Attorney(s) appearing for the Case

Judith S. Yogman, Assistant Attorney General (Charles E. Walker, Jr., Assistant Attorney General, with her) for the Commissioner of Education.

C. Peter R. Gossels for the School Committee of Franklin.

Paul G. Murphy, for the parents, submitted a brief.

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

LIACOS, J.

These consolidated cases raise the recurring question of responsibility for the payment of the cost of educating in a private school a child with "special needs" as defined in "Chapter 766." See G.L.c. 71B, § 1, as amended by St. 1978, c. 552, § 18, inserted by St. 1972, c. 766, § 11 (effective September 1, 1974). In the first action, the School Committee of Franklin (school committee) challenges a decision in which the Department of Education...

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