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IN RE SCHOOL ADMINISTRATIVE UNIT # 44

No. 2010-161.

27 A.3d 819 (2011)

162 N.H. 79

Appeal of SCHOOL ADMINISTRATIVE UNIT # 44 (New Hampshire State Board of Education).

Supreme Court of New Hampshire.

Opinion Issued: May 26, 2011.

As Modified on Denial of Reconsideration June 22, 2011.

Attorney(s) appearing for the Case

Sulloway & Hollis, P.L.L.C., of Concord ( Edward M. Kaplan and Beth G. Catenza on the brief, and Mr. Kaplan orally), for the petitioner.

Bernstein Shur, P.A., of Manchester ( Andru H. Volinsky and Christopher G. Aslin on the brief, and Mr. Volinsky orally), for the respondent.

Theodore E. Comstock and Barrett M. Christina , of Concord, by brief, for the New Hampshire School Boards Association, as amicus curiae.

DUGGAN, J.

This case concerns the termination of the respondent, Judith McGann, as superintendent of the petitioner, School Administrative Unit #44 (SAU). The SAU seeks review of the State Board of Education's decision that its failure to provide pre-hearing discovery with respect to its expert witness denied McGann a meaningful right to cross-examine that witness. McGann cross-appeals, alleging numerous violations of her...

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