In re Stein

The law in the somewhat newly developed area relating to the education of handicapped children at public expense appears to be fluid and flexible, due in no small measure to the ambiguous and unclear statutory recitation of the rights of handicapped children and the responsibilities and obligations of their parents and governmental and educational authorities. (Matter of Daber, 71 Misc 2d 303; Matter of Leitner, 40 AD2d 38, 42.) In the instant matter two questions are presented, one having been settled by stare decisis, the other of novel impression.

The petitioner seeks reimbursement for…