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(4.31) Can class size limits be included in the IEP?

(4.31) Can class size limits be included in the IEP?

Yes. Special education means “specially-designed instruction…to meet the unique needs” of students with disabilities. One of those unique needs may be a limit on class size. The district may believe that class size is not a critical element in an appropriate program for a student. However, a district may not categorically refuse to add class size to an IEP as a matter of policy. Such a policy would not allow the IEP team to develop an IEP based on the unique needs of the student and you may wish to file a compliance complaint if your school district has such a policy. [34 C.F.R. Sec. 300.39; Cal. Ed. Code Sec. 56031.] See Chapter 6, Information on Due Process/Compliance Procedures.