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SCH. COMM. OF WORCESTER v. WORCESTER DIV. OF JUVENILE

410 Mass. 831 (1991)

575 N.E.2d 1120

SCHOOL COMMITTEE OF WORCESTER & others vs. WORCESTER DIVISION OF THE JUVENILE COURT DEPARTMENT.

Supreme Judicial Court of Massachusetts, Suffolk.

August 8, 1991.

Attorney(s) appearing for the Case

Arthur J. Goldberg, Assistant City Solicitor (Gary S. Brackett with him) for the plaintiffs.

Carol A. Erskine for the juvenile.

John P. Courtney for the defendant.

Austin Broadhurst, for Massachusetts Association of School Committees, Inc., amicus curiae, submitted a brief.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.

ABRAMS, J.

In the course of a dispositional hearing on a child in need of services (CHINS) proceeding,3 a judge of the Juvenile Court declared unconstitutional a Worcester school committee policy expelling any high school student bringing a weapon onto school premises. He ordered the school committee to reinstate a juvenile who had been suspended for one year in accordance with that policy. As the school committee and the superintendent...

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