The library in each elementary and secondary school shall meet the needs of the pupils, and shall provide an adequate complement to the instructional program in the various areas of the curriculum. Respondent asserts that it is providing both library services and physical education in compliance with the Regulations of the Commissioner of Education. While this appeal presents questions of law common to all members of the proposed class, petitioner has not established that the issues of fact are the same for all members of the proposed class who attend various schools in respondent's district. Class status is, therefore, denied. Subsequent to the initiation of this appeal, respondent submitted an affidavit by its superintendent of schools indicating that several librarians had been reinstated to provide services to all schools in the district and that each school is now offering library services to its students.
Petitioner concedes that respondent is now providing such services.
Specifically, petitioner alleges that respondent does not provide to students the required amount of physical education as set forth in the regulations. All pupils in grades 4-6 shall participate in the physical education program not less than three times each week. She contends, therefore, that respondent is not in compliance with the physical education regulations. In August 1992, subsequent to the filing of this appeal, respondent issued memoranda and directives to its elementary school principals setting forth the requirements for physical education and directing that all elementary school students receive physical education on a daily basis for a total of 120 minutes per week, taught by either a certified physical education teacher or the classroom teacher under the supervision of a certified physical education teacher. In addition, respondent's superintendent of schools indicated in an affidavit submitted after the initiation of the appeal that 5.6 physical education teacher positions had since been added to the district's elementary schools for the 1992-93 school year to ensure compliance with the regulations.