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Vocational
and Educational Services for Individuals with Disabilities (VESID)
Special Education and
Vocational Rehabilitation Services
November 2004
Available in PDF Format for printing
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TO: |
District Superintendents |
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Presidents of Boards of Education |
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Superintendents of Schools |
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Organizations, Parents & Individuals Concerned with
Special Education |
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Superintendents of State-Operated and State-Supported
Schools |
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Executive Directors of Approved Private Schools |
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Directors of Special Education |
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Chairpersons of Committees on Special Education |
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Directors of Pupil Personnel Services |
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New York City Department of Education |
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Commissioner’s Advisory Panel for Special Education
Services |
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Impartial Hearing Officers |
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Community Dispute Resolution Centers |
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SETRC Project Directors and Training Specialists |
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FROM: |
Rebecca H. Cort  |
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SUBJECT: |
Special Class Size Variances |
Section 66 of Chapter 57 of
the Laws of 2004 extended the provisions of section 4402.2(d) of the Education Law
until July 1, 2005. Section 4402.2(d) authorizes a school district,
except the school district of the City of New York, to exceed the special
education class size standards established in regulation for special education
classes for middle and secondary school students only. The requirements
for this variance by notification can be found in section 200.6(g)(6)(i) and
(ii) of the Regulations of the Commissioner of Education.
Section 52 of Part C of
Chapter 57 of the Laws of 2004 extended the provisions of section 4402.6 of the
Education Law until July 1, 2005. Section 4402.6 of the Education Law
authorizes a school district with a population of 125,000 or more inhabitants,
except the New York City School District, to increase class sizes in
special classes containing students with disabilities to obtain relief from any
adverse fiscal impact from under-utilization of special education resources due
to low student attendance in special education classes at the middle and
secondary levels. The requirements relating to this over-enrollment special
class size variance can be found in section 200.6(g)(6)(iii) of the Regulations.
If you have any questions about this information, please contact the VESID
Special Education Policy and Partnerships Unit at 518-473-2878 or your Regional
Associate at one of the following VESID Special Education Quality Assurance
Regional Offices:
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Eastern Regional Office |
(518) 486-6366 |
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Hudson Valley Regional Office |
(914) 245-0010 |
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Central Regional Office |
(315) 428-3287 |
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Long Island Regional Office |
(631) 884-8530 |
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New York City Regional Office |
(718) 722-4544 |
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Western Regional Office |
(585) 344-2002, ext.
420 |