In re Logel

In this proceeding wherein the petitioner, the parent of a handicapped child, seeks to have the State and city assume the cost of tuition, transportation and maintenance of the child in a residential setting, questions of constitutional impact are raised which require judicial determination.

No factual issues are presented since the City of New York did not attempt to controvert the documentation establishing that the child is a handicapped child within the statutory definition and that the public school system of New York is unable to provide an appropriate educational facility for the child.

T…