Second Circuit – Individualized Education Program: Cruz v. Banks

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United States Court of Appeals for the Second Circuit

 Individualized Education Program — Classroom size — Alternative placements

Cruz v. Banks

24-1147

Judges Calabresi, Park, and Nathan

Background: The Second Circuit certified a question to the New York State Court of Appeals asking when a student is covered by more than one class size regulation, do the varying restrictions serve as distinct requirements that must be independently fulfilled or as a list of class size options from which the Department of Education may pick.

Ruling: The Second Circuit affirmed. The court noted that the required classroom sizes required by New York regulation represent alternative placements, rather than stacking requirements, for students with the described levels of management needs and disabilities. Therefore, the defendant did not err in placing the subject child in a 12:1:4 classroom pursuant to the individualized education program at issue.

Rory J. Bellantoni, of Brain Injury Rights Group, for the plaintiff; D. Alan Rosinus Jr., of corporation counsel, for the defendants.

Oral argument audio