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IN RE TODD P.

No. 85-260

127 N.H. 792 (1986)

In re TODD P.

Supreme Court of New Hampshire.

April 9, 1986

Attorney(s) appearing for the Case

Hatfield, Bosse & Moran P.A., of Hillsborough (Margaret-Ann Moran on the brief and orally), for Hillsboro-Deering Cooperative School District.

David Horan, assistant county attorney, of Manchester, by brief and orally, for Hillsborough County.

Howard and Gleason P.A., of Henniker (Peter S. Wright, Jr., on the brief and orally), for the Town of Henniker.

Developmental Disabilities Advocacy Center, Inc., of Concord (Ronald K. Lospennato on the brief), by brief as amicus curiae.

Soule, Leslie, Zelin, Sayward & Loughman, of Salem (Gerald M. Zelin on the brief and orally), for New Hampshire School Boards Association, New Hampshire School Administrators Association, and Derry Cooperative School District, as amici curiae.

JOHNSON, J.

In this appeal from a final order of the Peterborough District Court (Brighton, J.) which declared Hillsboro-Deering School District (the school district) liable for the educational portion of Todd P.'s placement expenses, the school district asserts that the district court had no authority to issue a liability order against it for a program that it had not voluntarily chosen. We agree, and accordingly reverse the order of the district court.

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