New York Court of Appeals

Cruz v. Banks

February 17, 20262026 NY Slip Op 00821

Summary

The Court of Appeals answered a certified question by holding that the class-size and staffing provisions in 8 NYCRR 200.6 (h) (4) establish mutually exclusive alternatives, not cumulative requirements. A student's committee on special education must select the alternative that best serves the student's individual needs, based on the regulation's text, structure, purpose, and history. The certified question was answered accordingly.