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CITY OF SALEM v. BUREAU OF SPECIAL EDUCATION APPEALS OF THE DEPARTMENT OF EDUCATION

444 Mass. 476 (2005)

CITY OF SALEM v. BUREAU OF SPECIAL EDUCATION APPEALS OF THE DEPARTMENT OF EDUCATION & another.

Supreme Judicial Court of Massachusetts, Essex.

June 16, 2005.

Attorney(s) appearing for the Case

James G. Gilbert, City Solicitor, for the plaintiff.

Jane L. Willoughby, Assistant Attorney General, for Bureau of Special Education Appeals of the Department of Education.

Kay H. Hodge (Nancy N. Nevils with her) for town of Georgetown.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

GREANEY, J.

We transferred this case here on our motion to decide whether the two municipalities in which the divorced parents of a child separately live (the city of Salem and the town of Georgetown) should share financial responsibility for providing special educational services to the child, where the child is in the custody of the Department of Social Services (DSS), and is living and receiving services at a private residential school in Lenox. We conclude that...

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