School Committee of Stoneham v. Antonnucci

INTRODUCTION

The plaintiff Stoneham School Committee (Stone-ham) brings this action for declaratory judgment against the Department of Education (the department), challenging the department’s decision to allocate responsibility for the cost of special education for Luigi DeSisto during the 1991-1992 and 1992-1993 school years to Stoneham. Presently before the court *390are cross motions for summary judgment, as well as a motion to dismiss under Mass.R.Civ.P. 12(b)(7) which has been filed by the department. For the reasons discussed below, Stoneham’s motion for summary judgment is DENIED, the…