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ASHLAND SCHOOL DIST. v. N.H. DIV. FOR CHILDREN

No. 94-502, 94-685

141 N.H. 45 (1996)

ASHLAND SCHOOL DISTRICT v. NEW HAMPSHIRE DIVISION FOR CHILDREN, YOUTH, AND FAMILIES

Supreme Court of New Hampshire.

May 23, 1996.

Attorney(s) appearing for the Case

Lawson & Philpot, P.C., of Laconia (Edward E. Lawson on the brief and orally), for the plaintiff.

Jeffrey R. Howard, attorney general (Nancy J. Smith, assistant attorney general, on the brief and orally), for the defendant.

Disabilities Rights Center, Inc., of Concord (Ronald K. Lospennato on the brief and orally), for the intervenors, Shawn P. and the class in James O. v. Marston, No. 86-6-S (D.N.H. Aug. 23, 1991) (consent decree).

Soule, Leslie, Zelin, Sayward and Loughman, of Portsmouth (Gerald M. Zelin on the brief), and Sheehan, Phinney, Bass and Green, of Manchester (Thomas J. Flygare on the brief), for the Newmarket School District, the New Hampshire School Administrators Association, and the New Hampshire Association of Special Education Administrators, as amici curiae.

BRODERICK, J.

The defendant, the New Hampshire Division for Children, Youth, and Families (DCYF) appeals the decision of the Superior Court (Lynn, J.) that it was solely liable for the costs of the special educational component of a student's placement at the Spaulding Youth Center (Spaulding). We reverse and remand.

On May 6, 1992, the Plymouth District Court (Kelly, J.) ordered Shawn P., an "educationally disabled" fifth-grade student in the...

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