TO: District
Superintendents
Superintendents
of Schools
Presidents
of Boards of Education
New
York City Board of Education
Principals
of Public Schools
Directors
of Pupil Personnel Services
Chairpersons,
Committees on Preschool Special Education
Executive
Directors of Approved Preschool Programs
Organizations,
Parents and Individuals Concerned with Special Education
Impartial
Hearing Officers
Commissioner’s
Advisory Panel for Special Education Services
Early
Childhood Direction Centers
SETRC
Professional Development Specialists
FROM: James P. DeLorenzo
SUBJECT: Child-Specific Allowance to Temporarily Exceed
an Approved Special Class Size for Preschool Students with Disabilities – Revised
8/07
The purpose of this
memorandum is to describe revised procedures to admit one
or two additional preschool students with disabilities in a special class or
special class in an integrated setting that is at its maximum approved class
size capacity. The revised procedures add a process to temporarily
exceed the maximum of 12 preschool students with disabilities in a special
class or in a special class in an integrated setting by one student pursuant
to section 200.16(i)(3)(iii)(b) of the Regulations of the Commissioner of Education
which was amended, effective July 1, 2007, to read as follows:
(b) The maximum class size shall not exceed 12 preschool students
with at least one teacher and one or more supplementary school personnel
assigned to each class. (1) If a committee on preschool special education
recommends a preschool student to an approved program which has no space
available in the specific special class which will meet the student’s
unique needs as recommended on the individualized education program (IEP),
the approved program may temporarily increase the enrollment of a class
up to a maximum of 13 preschool students for the remainder of the school
year, by a procedure to be established by the Commissioner, to ensure that
the student receives a free appropriate public education. If the attendance
during the instructional time exceeds 12 students, another staff member
shall be assigned to the class. Other staff members may include related
service providers and/or supplementary school personnel.
Procedures
to temporarily increase a program’s approved student-to-staff ratio that
would not otherwise result in more than 12 preschool students in a class remain
unchanged from guidance previously issued. Any temporary increases in
approved special class sizes as described in this memorandum, including those
to exceed the maximum 12 students, will be allowed only in those extenuating
circumstances when adding a student to a special class is necessary to ensure
that the student receives a free appropriate public education (FAPE). Temporary
increase means the addition of no more than one or two preschool students
with a disability beyond the program’s approved student-to-staff
ratio or more than one beyond the maximum 12 students, for
a period not to exceed the remainder of the school year. For special
classes in integrated settings, it is expected that the number of students
with disabilities does not exceed the number of non-disabled students.
Please note that these procedures are for temporary
increases only and
DO NOT REPLACE procedures for agencies to apply for approval of any new or
expanded special class1 or
special class in an integrated setting program. The application for
new preschool special education programs and the preschool modification application
are both available at:http://www.vesid.nysed.gov/publications/preschool/home.html.
New procedures to temporarily increase the enrollment of a class up to
a maximum of 13 preschool students:
The State Education Department (SED)
may grant a request to temporarily exceed the maximum class size of 12
preschool students up to a maximum of 13 preschool students for the remainder
of the school year when the program is otherwise at capacity in the specific
special class which will meet the student’s unique needs as recommended
on the IEP.
If the attendance during the instructional
time exceeds 12 students, another staff member must be assigned to the
class. Other
staff members may include related service providers and/or supplementary
school personnel (supplementary school personnel is defined in the Regulations
of the Commissioner of Education as a teacher aide or teaching assistant).
Any temporary expansion of classes
to 13 preschool children made before January 1 of the
school year will require SED approval before the student is enrolled (see "Prior
Approval Request" procedures).
Any temporary expansion of classes
to 13 preschool children made after January 1 of the
school year may be made by notification to SED, i.e., prior approval not required
(see: Child-Specific Preschool Notification procedures).
PROCEDURES TO TEMPORARILY INCREASE CLASS SIZE:
A preschool program
may implement a temporary increase in class size under one of the following
two procedures:
For special classes and special classes in an integrated
setting approved to serve less than 12 preschool students with disabilities
Child-Specific Preschool Notification:
After the start of the school year in September, an approved preschool program
may temporarily, for the remainder of the school year, enroll one additional
preschool student with a disability in each of its special classes or special
classes in an integrated setting that are at maximum approved class size capacity
through a notification process without prior approval
by SED.
These temporary increases apply when it is determined that the placement is
needed for a preschool student with a disability to receive FAPE.
To implement this notification process, within ten (10) business days
of the student’s enrollment, the approved program must submit
a written notification to SED using the attached form. One form per
student must be submitted.
Prior Approval Request:
In the event that an approved program has already enrolled one preschool student
with a disability beyond the approved special class size capacity through the “Child-Specific
Preschool Notification” process (see above) and now requests approval
to temporarily, for the remainder of the school year, enroll a second preschool
student with a disability in the same class, the approved preschool program
must submit a request for prior child-specific approval to
SED using the attached form.
These temporary increases apply when such placements are needed for the preschool
students to receive FAPE. One form per student must be submitted.
SED will review the child-specific approval request and respond to the program
indicating approval or disapproval of the request.
SED may deny a program approval to temporarily exceed an approved special
class size upon a finding that the form does not provide the required information,
if the reason for the temporary increase is determined to be unjustified, and/or
if the program cannot meet the assurances provided. If the request is
not approved, the program must inform the CPSE that an alternate placement
must be recommended for the preschool student.
For special classes and special classes in an integrated
setting approved to serve 12 preschool students with disabilities
Prior Approval Request:
After the start of the school year in September, and prior to January
1 of the school year, an approved preschool program may temporarily,
for the remainder of the school year, enroll one additional
preschool student with a disability in each of its special classes approved
to serve 12 preschool students with disabilities that are at maximum approved
class size capacity through submission of a request for prior
child-specific approval to SED on the attached form.
The temporary increase cannot result in an enrollment of more than 13 preschool
students with disabilities.
These temporary increases apply when such placements are needed for the
preschool students to receive FAPE. One form per student must be submitted.
SED will review the child-specific approval request and respond to the
program indicating approval or disapproval of the request.
SED may deny a program approval to temporarily exceed
an approved special class size upon a finding that the form does not provide
the required information, if the reason for the temporary increase is determined
to be unjustified, if the class enrollment would exceed 13 preschool students
with disabilities and/or if the program cannot meet the assurances provided. If
the request is not approved, the program must inform the CPSE that an alternate
placement must be recommended for the preschool student.
OR
Child-Specific Preschool Notification:
After January 1 of the school year, an approved preschool
program may temporarily, for the remainder of the school year, enroll one additional
preschool student with a disability in each of its special classes approved
to serve 12 preschool students with disabilities that are at maximum approved
class size capacity through a notification process without
prior approval by SED.
The temporary increase cannot result in an enrollment of more than 13 preschool
students with disabilities.
These temporary increases apply when it is determined that the placement
is needed for a preschool student with a disability to receive FAPE.
To implement this notification process, within
ten (10) business days of the student’s enrollment, the
approved program must submit a written notification to SED using the
attached form. One
form per student must be submitted.
The attached form is used for either:
(1) Submission of a child-specific preschool notification or
(2) Submission of a prior approval request.
The form includes information on the specific class affected, the student
to be enrolled, the educational justification for the placement and assurances
that:
the Committee on Preschool Special Education (CPSE)
has determined that no other appropriate placement is available in either
a special class in an integrated setting that is not at full capacity or
one that has not exceeded its approved class size through the notification
process;
the program has the resources to implement the IEP of the additional preschool
student, as well as all other students in the program;
the temporary increase in class size will not result
in noncompliance with any applicable requirement for preschool and program
approval, including fire, safety, facility (e.g., Certificate of Occupancy)
and day care requirements of the State and municipality;
the parents of the other preschool students enrolled
in the class will be notified of the temporary increase in class size upon
approval by SED;
requests to enroll one or two additional students that result in 13 preschool
students with disabilities in the class have been made in accordance with
the procedures herein;
when the enrollment of a special class is temporarily
increased to a maximum of 13 preschool students, another staff member will
be assigned to the class if the attendance during the instructional time
exceeds 12 preschool students with disabilities; and
the class size will return
to its approved student-to-staff ratio no later than the end of the school
year (i.e., June 30 or August 31) in which the preschool student is enrolled.
In some circumstances,
based on preschool student needs, programs may need to use the tuition funds
generated by the additional preschool student(s) to temporarily hire additional
staff (e.g., supplementary school personnel or related service providers) in
order for appropriate services to be provided to all enrolled students. No
adjustment in the tuition rate is necessary for this to occur.
Questions regarding
the procedures to request a temporary increase in class size should be addressed
to your Special Education Quality Assurance Regional Office at:
Central New York Regional
Office (315) 428-3287
Eastern Regional Office (518)
486-6366
Hudson Valley Regional
Office (518)
473-1185
Long Island Regional
Office (631)
884-8530
New York City Regional
Office (718)
722-4544
Western Regional Office (585)
344-2002
Attachment
Child-Specific Allowance to Temporarily Exceed an Approved
Special Class Size for Preschool Students with a Disability
(1) Submission of a child-specific preschool notification or
(2) Submission of a prior approval request.
Submit one form per student.
All sections of the form must be completed or it will be returned
unprocessed. Any returned forms must be revised and resubmitted
within five days.
Child-specific preschool notifications must be submitted within
10 business days of the student’s enrollment with a copy
kept for your files.
Prior approval requests must be submitted to the State Education Department
(SED) and SED approval must be received before the student
is enrolled in the class.
Legal Name of Preschool Agency:
BEDS Code: __ __ __ __ __ __ __ __ __ __ __ __
Program Site Name:
Program Site Address:
Contact Person for this Notification:
Complete one box below to indicate the type of request:
For special class or special class in an integrated setting approved to serve
less than 12 preschool students with disabilities:
OR
Prior Approval Request (seeking approval to add a second preschool student
with a disability – the program must have already submitted notification
to SED of enrollment of one additional preschool student with a disability
to the same class)
For special class or special class in an integrated setting approved to serve
12 preschool students with disabilities:
Child-Specific Preschool Notification (enrolling one additional preschool
student with a disability to a maximum of 13 preschool students with disabilities
after January 1 of the school year) OR
Prior Approval Request (seeking approval to add one additional preschool
student with a disability to a maximum of 13 preschool students with disabilities
after the start of the school year but prior to January 1 of that school year)
Approved Preschool Program
Classroom number or teacher’s
name for the classroom in which the additional student is enrolled:
________________________
full-day (more than 2½ hours)
OR
half-day (2 ½ hours per day)
a.m. session
p.m. session
ten month
two month
Special class
Approved student/staff ratio consistent with program’s SED approval
letter, as appropriate (prior to enrolling one additional student):
______:______:______
Student: teacher: supplemental school personnel
Special class in an
integrated setting
Approved overall student/ staff ratio consistent with
program’s SED approval letter, as appropriate (prior to enrolling
one additional student):
______:______:______
Student: teachers: supplemental school personnel
Approved special educationstudent/staff ratio
consistent with program’s SED approval letter, as appropriate (prior
to enrolling one additional student):
______:______:______
Student: teacher: supplemental school personnel
The addition of this preschool student to the class will result in
a class of 13 preschool students with disabilities.
yes
no
The addition of this preschool student to the class will result in hiring
additional staff on a temporary basis.
yes
no Specify:
Note: When a temporary enrollment
increase results in a class of 13 preschool students, an additional
staff member must be assigned to the class if the attendance during
the instructional time exceeds 12 students.
If the special class is in an
integrated setting, describe the effect of the increase of one or two
additional preschool student(s) with a disability has on the ratio of
preschool students with disabilities to nondisabled children in the class:
Preschool Student Information
Name of the one additional
student enrolled:
Student’s DOB__________
OR
Name of the second student requested to be enrolled:
______________________
Student’s DOB__________
Date the one additional
student entered the class listed above:
______________________
OR
Student’s school district
of residence:
_______________________
Date the second student
is proposed to enroll in the class listed above:
________________________
Student’s municipality
of
Residence:
_______________________
The educational justification
for the placement:
The undersigned assures that:
the Committee on Preschool Special Education (CPSE) has determined that
no other appropriate placement is available in a special class or special
class in an integrated setting that is not at full capacity;
the program has the resources to implement the individualized education
program (IEP) of the additional preschool student, as well as all other students
in the program;
the temporary increase in class size will not result
in non-compliance with any applicable requirement for preschool program
approval, including fire, safety, facility (Certificate of Occupancy) and
day care requirements
of the State and municipality;
the parents of the preschool students enrolled in the class have been notified
of the temporary increase in special class;
requests to enroll one or two additional students that result in 13 preschool
students with disabilities in the class have been made in accordance with
the procedures herein;
for temporary increases of class size to 13 preschool students, another
staff member will be assigned to the class when the attendance during the
instructional time exceeds 12 students; and
the class size will return to its approved student-to-staff ratio no later
than the end of the school year (i.e., June 30 or August 31) in which the
preschool student is enrolled.
_______________________ _________________ _________________
Name of Chief Executive Officer Signature Date
For notification to SED to enroll one additional preschool
student with a disability and/or notification to temporary increases in class
size to 13 students requested after January 1 of the school year:
Submit the form with an original signature to: SED/VESID,
Special Education Quality Assurance, Attention: Preschool Notifications,
Room 1623, One Commerce Plaza, Albany, NY 12234
Send one copy of the form to the CPSE of the student.
Send one copy of the form to the 4410 municipality
representative of the student. The New York City municipality copy should be sent
to: Central Based Support Team, New York City Department of Education,
52 Chambers Street, Room 220, New York, NY 10007.
For prior approval requests to enroll a second additional
preschool student with a disability in classes and/or to temporarily enroll
13 preschool students in a special class before January 1:
Prior to enrolling the student, submit the form with an original signature to: SED/VESID,
Special Education Quality Assurance, Attention: Preschool Notifications,
Room 1623, One Commerce Plaza, Albany, NY 12234
For SED Use
Date Received: ____________
For Requests to Adding A Second Student
Approved
Not approved – Reason:
For Requests to Exceed Maximum 12 students prior to January 1:
Approved
Not approved – Reason:
SED Representative:
Signature: ________________________
Date: ___________________________
Procedures for Application
and Approval of Any New or Expanded Programs in Settings which Include
Only Preschool Children with Disabilities, January 2002, Preschool 2000-02.
