The number of students with disabilities in an ICT class may not exceed 40 percent of the total class register with a maximum of 12 students with disabilities. All students with an Individualized Education Program (IEP) count when determining the maximum number of students with disabilities in an ICT class. ICT classes must also adhere to general education class-size limits.
ICT classes may not open at the beginning of the school year while in violation of these class-size requirements. If an ICT class is in violation of these limits, the teachers should first ask if there are any students in the class with IEPs who do not require ICT. These students can and should be moved into the appropriate general education classes. If this is not possible, and if an action plan to resolve the issue moving forward is not concretely established, the UFT member should file a special education compliance complaint on behalf of the adversely affected students.
Later in the school year, under limited circumstances, schools may apply for variances to exceed these limits if new students with ICT recommendations are assigned to the school or students are newly recommended for the service.
The school’s Special Education Committee should also raise any class size issues with the principal. Established in the 2023 contract, these school-based committees will meet at least once in the fall and again in the spring to discuss special education compliance issues, including teacher and paraprofessional programming, to correct these issues at the school level whenever possible.