Cruz v. Banks

Summary

The United States Court of Appeals for the Second Circuit affirmed a judgment concerning the placement of a student with disabilities in a 12:1:4 classroom under 8 N.Y.C.R.R. § 200.6(h)(4). Following the New York Court of Appeals’ determination that the regulation provides alternative placement options rather than cumulative requirements, the court held that the placement was lawful and declined to disturb the administrative findings that it best served the student’s needs.

Holdings

1. Section 200.6(h)(4) provides alternative classroom placements rather than stacking or cumulative requirements; the committee on special education must select the listed alternative that best serves the student's individual needs.
2. O.F.'s placement in a 12:1:4 classroom did not violate his right to a free appropriate public education.
3. The court would not disturb the state review officer's reasonable finding that a 12:1:4 classroom was appropriate for O.F.

Questions Presented

1. Whether 8 N.Y.C.R.R. § 200.6(h)(4) imposes cumulative class-size requirements when a student falls within more than one regulatory category or instead provides alternative placement options.
2. Whether O.F.'s placement in a 12:1:4 classroom violated his right to a free appropriate public education.
3. Whether the state review officer reasonably determined that a 12:1:4 placement best served O.F.'s individual needs.

Disposition

affirmed