Somerville Board of Education v. Manville Board of Education

The opinion of the court was delivered by

WECKER, J.A.D.

This appeal raises an issue of first impression respecting financial responsibility among school districts.1 Specifically, when the parents of a minor child live in different school districts and, the child lives with each parent in alternate weeks under a joint custody arrangement; and the child requires out-of-district special education; should one district or both be responsible for the expense of the child’s special education? We hold that on the *9facts presented, both districts must share the child’s education costs.

I

The child in this…