In New York City, the maximum number of students with disabilities in an ICT class may not exceed 40% of the total class register. State regulations limit the total number of students with disabilities in an ICT class to 12. The 40% limit and total of 12 includes any student with a disability in the class, regardless of IEP recommendation.
If the school has an appropriate ICT class, but cannot place a student without exceeding the New York City and State limits, and no other appropriate options to serve the student or other students in the class have been identified, the school can submit a variance notification or request, as appropriate, for review by the ASE. Additional information about variance procedures is available in the Placement section of the DOE’s Special Education Standard Operating Procedures Manual under the variance heading.