The maximum class size for special classes and maximum chronological age ranges within these classes are specified in state regulations. The regulations permit variances from these requirements on a case-by-case basis, based on appropriate educational justification.
- A request for a variance must be submitted to the State Education Department (NYSED) before the student is placed into the proposed program.
- Schools and Borough/Citywide Offices (BCOs) must complete the Variance Request Form and submit it to the Administrator for Special Education (ASE) for review. Schools and BCOs may not submit variance requests directly to NYSED.
- If the ASE confirms that the class was in compliance at the beginning of the school year and agrees that a variance is warranted, the ASE submits the request to the Special Education Office (SEO) for further review.
- The SEO will either provide further assistance or submit the variance request to NYSED.
Approved variances are in effect only for the school year (or remainder thereof) in which the variance is granted. Schools are expected to remedy the need for a variance before the beginning of the next school year.
Please note: Special Classes may be increased by no more than one student.