Boston v. Board of Education

467 N.E.2d 1318, 392 Mass. 788
CourtMassachusetts Supreme Judicial Court
DecidedAugust 15, 1984
StatusPublished
Cited by6 cases

This text of 467 N.E.2d 1318 (Boston v. Board of Education) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boston v. Board of Education, 467 N.E.2d 1318, 392 Mass. 788 (Mass. 1984).

Opinion

392 Mass. 788 (1984)
467 N.E.2d 1318

CITY OF BOSTON & others[1]
vs.
BOARD OF EDUCATION & others.[2]

Supreme Judicial Court of Massachusetts, Suffolk.

May 7, 1984.
August 15, 1984.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

Stephen S. Ostrach, Assistant Attorney General, for Board of Education.

Cathleen Cavell for the town of Brookline.

Michael J. Betcher (H. Charles Hambelton, Special Assistant Corporation Counsel, with him) for the plaintiffs.

Charles J. Beard, Stephen B. Deutsch, & Martha B. Sosman, for Metropolitan Council for Educational Opportunity, Inc., amicus curiae, submitted a brief.

*789 HENNESSEY, C.J.

This appeal concerns the city of Boston's liability for the cost of special education services provided to a city of Boston resident, Melissa M., attending school in Brookline under the provisions of G.L.c. 76, § 12A, more commonly known as the METCO program. It arises from a determination by the Department of Education, Bureau of Special Education Appeals (bureau), that Melissa M.'s 1978-1979 "individual education plan" (IEP) was "inadequate and inappropriate in so far as it provides for funding of Melissa's tutoring through METCO ... and of her speech and language therapy through Brookline special education monies rather than through a bill-back to Boston." Boston commenced an action against the Board of Education (board) and the town of Brookline (Brookline) challenging this decision. It sought review of the decision pursuant to G.L.c. 30A and a declaration, pursuant to G.L.c. 231A, that the Commonwealth is obliged under G.L.c. 76, § 12A, to pay for the special education costs of students in the METCO program. A judge of the Superior Court reviewed the decision under G.L.c. 30A and concluded that the bureau's decision contained an error of law. He reversed and modified the decision, ruling that Brookline be reimbursed by the Commonwealth, pursuant to G.L.c. 76, § 12A, for the costs of special education services provided to Melissa M. The board and Brookline appealed and Boston cross appealed from the judge's allowance of a motion in limine brought by Brookline. We allowed the board's application for direct appellate review.[3] We conclude that responsibility for paying the cost of special education services provided to Melissa M. under the METCO program rests with Boston.

Neither party challenges the factual findings of the bureau and they may be summarized as follows. In 1979 Melissa M. was a ten year old fourth grader residing in Boston and attending the Brookline school system under the METCO program.[4]*790 Melissa had long-standing speech and language problems and was receiving tutorial assistance as a special needs student. Brookline charged the METCO program from the cost of these services. In 1978 Melissa's special needs assistance was terminated for six weeks due to METCO budgetary constraints. Melissa's 1978-1979 IEP also called for individualized special needs tutoring that was to be provided by METCO. Melissa's parents, not wanting Melissa's education to be further interrupted as it was in 1978, rejected Melissa's IEP because it was funded by METCO. They petitioned the bureau for a hearing under 603 Code Mass. Regs. §§ 28-400 to challenge the propriety of Melissa's IEP and the method of funding her educational program.

1. The Defendants' Appeal.

At issue in considering whether Boston or the METCO program should pay for the costs of special education services provided to Melissa M. under the METCO program is the interrelation of two statutes: G.L.c. 71B, §§ 3, 5, and G.L.c. 76, § 12A. First, G.L.c. 71B, inserted by St. 1972, c. 766, establishes a comprehensive system for the provision of special education services to residents of the Commonwealth. Section 3 of G.L.c. 71B, as amended by St. 1978, c. 552, § 20, provides in part that "the school committee of every city, town or school district shall identify the school age children residing therein who have special needs, diagnose and evaluate the needs of such children, propose a special education program to meet those needs, [and] provide or arrange for the provision of such special education program...." Section 5 of G.L.c. 71B then provided[5] that "[a]ny school committee which provides *791 or arranges for the provision of special education pursuant to the provisions of section three shall pay for such special education personnel, materials and equipment." Second, G.L.c. 76, § 12A, establishes a program by which a Boston resident may attend school outside of Boston, pursuant to agreements between the municipalities of attendance and the board of education. General Laws c. 76, § 12A, as appearing in St. 1974, c. 636, § 7, provides in relevant part as follows: "Any child residing in any... town, and attending therein a public school in which such racial imbalance exists may attend a public school or a publicly authorized non-sectarian school in a ... town, ... in which he does not reside if the school committee of such ... town ... has adopted and the board has approved, as provided by this section, a plan for the attendance of such nonresident children therein. The commonwealth shall, subject to appropriation and upon certification by the board, provide financial assistance in accordance with such agreement. Such financial assistance shall include payments for: (i) the cost per pupil of educating each non-resident child, as approved by the board."

The defendants claim that G.L.c. 71B, §§ 3, 5, controls the allocation of responsibility for paying the costs of special education services provided to Melissa M. through the METCO program. They point out that Melissa M. is a school age child residing in Boston who is in need of special education services. They then stress that G.L.c. 71B, §§ 3, 5, place sole responsibility for "provid[ing] or arrang[ing]" and paying for a student's special education services on the town of the student's *792 residence. Accordingly, they argue that Boston is responsible for the cost of such services provided to a Boston resident, regardless of whether the child is participating in the METCO program. Nothing in either G.L.c. 71B or G.L.c. 76, § 12A, they claim, relieves Boston of this responsibility. Alternatively, Boston asserts that G.L.c. 76, § 12A, relieves it of the responsibility to pay for special education services provided to one of its residents where the resident is participating in the METCO program and the services are not provided by Boston. It focuses on the language of G.L.c. 76, § 12A, which requires the State to pay to participating communities the "cost per pupil of educating" students enrolled in the METCO program. It claims that, since Melissa M. is entitled to special education services G.L.c. 71B, § 3, and since the statute does not indicate otherwise, the "cost per pupil of educating" must be intended to include the cost of special education services, as well as regular educational expenses.

To determine which reading of the statutes is correct, we follow "`"[t]he general and familiar rule ... that a statute must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated."'" Commonwealth v.

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467 N.E.2d 1318, 392 Mass. 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boston-v-board-of-education-mass-1984.