Cruz v. Banks

24-1147
Cruz v. Banks
1
United States Court of Appeals 1
for the Second Circuit 2
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4
August Term 2024 5
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Argued: December 20, 2024 7
Decided: April 7, 2026 8
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No. 24-1147 10
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N EYSHA C RUZ , AS PARENT AND N ATURAL GUARDIAN OF O.F. AND INDIVIDUALLY , 13
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Plaintiff-Appellant, 15
16
v. 17
18
D AVID C. B ANKS, N EW YORK C ITY D EPARTMENT OF E DUCATION, 19
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Defendants-Appellees. 21
22
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On Appeal from the United States District Court 25
for the Southern District of New York 26
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Before: CALABRESI, PARK, and NATHAN, Circuit Judges. 29
30
In this appeal from a judgment of the United States District Court for the 31
Southern District of New York, we certified a question to the New York Court of 32
Appeals, which it has now answered. In light of that answer, the judgment is 33
affirmed. 34
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24-1147
Cruz v. Banks
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1
RORY J. B ELLANTONI, Brain Injury Rights Group, Ltd, 2
New York, New York, for Plaintiff 3
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D. A LAN ROSINUS, J R ., of Counsel, M URIEL GOODE - 5
TRUFANT , Acting Corporation Counsel of the City of 6
New York, New York, New York, for Defendants 7
_____________________________________ 8
9
PER C URIAM: 10
We return to this appeal from a judgment of the United State District Court 11
for the Southern District of New York (Jennifer L. Rochon, Judge). We assume the 12
parties’ familiarity with the facts and procedural history of this case, set forth in 13
detail in our earlier decision. Cruz v. Banks, 134 F.4th 687 (2d Cir. 2025). 14
On April 15, 2025, we certified a question to the New York State Court of 15
Appeals: “When a student is covered by more than one class size regulation under 16
§ 200.6(h)(4), do the varying restrictions serve as distinct requirements that must 17
be independently fulfilled or as a list of class size options from which the DOE 18
may pick?” Id. at 698-99. The Court of Appeals has answered, concluding that the 19
required classroom sizes described in [8 N.Y.C.R.R.] § 200.6(h)(4) represent 20
alternative placements, rather than stacking requirements, for students with the 21
described levels of management needs and disabilities. Cruz v. Banks, --- N.E.3d -- 22

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24-1147
Cruz v. Banks
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-, No. 1, 2026 WL 436354, at *4 (N.Y. Ct. App. Feb. 17, 2026). In light of that decision, 1
we affirm the judgment of the district court. 2
DISCUSSION 3
“[T]he role of the federal courts in reviewing state educational decisions 4
under the IDEA is circumscribed.” Gagliardo v. Arlington Cent. Sch. Dist., 489 F.3d 5
105, 112 (2d Cir. 2008) (citation modified). Accordingly, “a court must defer to the 6
SRO’s decision on matters requiring educational expertise unless it concludes that 7
the decision was inadequately reasoned.” R.E. v. N.Y.C. Dep’t of Educ., 694 F.3d 8
167, 189 (2d Cir. 2012). 9
Cruz argues that the June 2021 individualized education program (IEP) 10
placed O.F. in a 12:1:4 classroom in violation of § 200.6(h)(4). 11
But as the Court of Appeals makes clear, “8 NYCRR 200.6(h)(4) provides 12
alternatives.” Cruz, 2026 WL 436354, at *5. As such, “the regulation requires a 13
[committee on special education] to exercise its knowledge and expertise to select 14
the listed alternative that would best serve a student’s individual needs.” Id. 15
Accordingly, because O.F. “has both severe multiple disabilities and highly 16
intensive management needs,” Cruz, 134 F.4th at 694, he could properly be placed 17
in either a 12:1:4 classroom, pursuant to § 200.6(h)(4)(iii), or a 6:1:1 classroom, 18

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24-1147
Cruz v. Banks
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pursuant to § 200.6(h)(4)(ii)(a). His placement in the former did not violate his 1
right to a free appropriate public education. 2
Cruz also argues that even if placement in a 12:1:4 classroom was lawful, the 3
SRO improperly found that the 12:1:4 placement recommended in O.F.’s June 2021 4
IEP would best serve O.F.’s needs. 5
But the SRO reasonably concluded, in agreement with the impartial hearing 6
officer, that placement in a 12:1:4 classroom was appropriate due to O.F.’s need for 7
increased adult support from a variety of professionals and his lack of progress 8
and poor school attendance over the previous year, when he had a 6:1:1 placement. 9
We decline to disturb these findings. 10
In our earlier decision, we considered Cruz’s other arguments and found 11
them to be without merit. We have considered the remaining arguments and also 12
find them to be without merit. The judgment of the district court is, therefore, 13
AFFIRMED. 14

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