George H. & Irene L. Walker Home for Children, Inc. v. Town of Franklin

We transferred this case from the Appeals Court on our own motion to resolve a dispute between the defendants, the towns of Franklin and Milford, over the payment of the expenses of special education programs for two boys. The programs have been provided under G. L. c. 7IB, inserted by St. 1972, c. 766, the State’s law providing for special education programs for children in need of such services. A judge of the Superior Court decided, on cross motions for summary judgment filed by the parties, that the Depart*292ment of Education (department) had the power to adopt, and properly had applied, a…