On April 15, 2025, the United States Court of Appeals, Second Circuit, certified the question set out below to the New York State Court of Appeals:
“When a student is covered by more than one class size regulation under §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?”
The Court of Appeals responded, concluding that the required classroom sizes described in [8 N.Y.C.R.R.] §200.6(h)(4) represent alternative placements, rather than stacking requirements, for students with the described levels of management needs and disabilities.
In light of Court of Appeals' response, the Second Circuit affirmed the judgment of the federal district court, holding:
Students with disabilities placed together for purposes of special education (including resource room, special class, consultant teacher services, integrated co-teaching and related services groups) must be grouped by similarity of individual needs in accordance with the four need areas of:
- Academic achievement, functional performance and learning characteristics
- Social Development
- Physical Development
- Management Needs
Click HERE to access the Second Circuit's ruling posted on the Internet.