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THE NEW YORK CLASSROOM-SIZE REGULATIONS FOR STUDENTS WITH DISABILITIES ARE MUTUALLY-EXCLUSIVE ALTERNATIVES, NOT DISTINCT REQUIREMENTS WHICH MUST BE INDEPENDENTLY FULFILLED (CT APP).

The Court of Appeals, answering a certified question from the Second Circuit, in a full-fledged opinion by Judge Singas, determined that the list of classroom options for special classes for students with disabilities in the classroom-size regulations are mutually exclusive. A student’s committee on special education (CSE) need only choose one of the listed alternatives that best meets the student’s needs:

Plaintiff is the mother of O.F., who has cerebral palsy, visual impairment, a seizure disorder, and scoliosis. … … In 2021, the CSE determined during its annual review that a 12:1+(3:1) placement “would be … appropriate” … . The CSE considered and rejected other class options as inappropriate for O.F. * * *​

Plaintiff filed a due process complaint challenging, among other things, the 2021 IEP’s 12:1+(3:1) classroom recommendation. * * *

The Second Circuit certified the following question for our review: “When a student is covered by more than one class size regulation under [8 NYCRR 200.6 (h) (4)], do the varying restrictions serve as distinct requirements that must be independently fulfilled or as a list of class size options from which the DOE may pick?” … . * * *

​​… 8 NYCRR 200.6 (h) (4) provides alternatives. We thus conclude that the regulation requires a CSE to exercise its knowledge and expertise to select the listed alternative that would best serve a student’s individual needs. Cruz v Banks, 2026 NY Slip Op 00821, CtApp 2-17-26

 

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