Special Education

Documentation of School-Age Regional Need

Documentation of School-Age Regional Need - Word word document (123 KB)

An application for initial approval or expansion of a day or residential school program to serve students with disabilities pursuant to Articles 89 and 81 of the Education Law will only be considered by the New York State Education Department (NYSED) when it has determined that there is a documented and verified need for such services in the geographic area(s) to be served by the proposed program.  Sufficient evidence must be submitted to establish that the proposed program will serve only those students who, because of the nature or severity of their disability, would require placement in special class and/or a separate facility (i.e., facility serving primarily or exclusively students with disabilities).

NYSED determines whether there is need for the proposed program based upon information provided by the applicant agency and verified with the public schools in the region.  For in-State residential school programs, consideration will also be given to documentation of need provided by other State agencies and/or documentation that there are students who will go underserved or are at risk of an out-of-State placement.  For out-of-State schools, a determination of regional need is made by the State in consideration of such factors as the population proposed to be served, the numbers of New York State (NYS) students with similar characteristics/ needs for whom there are no appropriate in-State programs available.

STEP 1: Submit Written Request To NYSED for a Determination of Regional Need

Prior to submitting an application to NYSED for initial approval or expansion of a currently approved program, an applicant must first submit a written request for a determination by NYSED that there is regional need for the program.  A determination of regional need is made based on data and other documentation that demonstrates that alternative and/or less restrictive programs are not available to meet the needs of identified students in the region or in the State.

The written request must be submitted to NYSED’s P-12: Office of Special Education, Special Education Quality Assurance (SEQA) Office in the region in which the agency is seeking to provide services.  All applicants seeking initial or expansion of in-State residential school programs must submit their request for regional need determination to the SEQA Nondistrict Unit.  For contact information on the SEQA Regional Offices, see http://www.p12.nysed.gov/specialed/quality/home.html

In addition, for those applicants seeking a new approval to operate a day-only program or to expand an existing approved day program outside of New York City (NYC), a copy of the written request for determination of regional need along with a transmittal letter  should be provided to the District Superintendent(s) (DS) of each Board of Cooperative Educational Services (BOCES) located within the geographic area(s) to be served  (See http://www.boces.org/wps/portal/BOCESofNYS/!ut/p/c1/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gLA1dXN4NgfwsLE3dzS18XU0cXAwjQ9_PIz03VL8h2VAQAlA10Mg!!/dl2/ d1/L2dJQSEvUUt3QS9ZQnB3LzZfODBFRUYwU084ODRHNzlNREJBRDAwMDAwMDA!/external link.  Within NYC, a copy of the written request for determination of regional need along with a transmittal letter should be provided to the NYC Department of Education’s Central Based Support Team (CBST). 

The written request must be provided on the form developed by NYSED for this purpose (Attachment A - Notification of Intent to Submit an Initial or Expansion Application for a School-Age Day or in-State Residential Special Education Program).  The written request form includes five sections and applicants must include the following information:

  1. A rationale for the establishment of the new program or the expansion, including why the agency chose to locate the new program or expand the existing program in the specific geographic area the agency is proposing to serve.
  2. For an agency seeking initial approval to operate a day or in-State residential school program or to expand its existing approval, a brief description of the program is required, inclusive of the following:
    • a profile of the type and number of classes the program is seeking approval to operate;
    • the proposed number of students with disabilities, the age range and disability categories to be served;
    • the developmental and behavioral and learning characteristics of the students that will be served in the proposed program; and
    • the geographic area(s) to be served by the program, which must specify the names of all BOCES regions in the geographic area that the program is proposing to serve and/or is currently serving.  Within NYC, identify the names of the Community School Districts to be served by the program.  In specifying the geographic area(s), programs must ensure that bus transportation times for day students is reasonable (see http://www.emsc.nysed.gov/schoolbus/Parents/htm/MaximumTimeThataPupilMaySpendonaBus.html);
  1. An agency seeking initial approval to operate an in-State residential school program or to expand its existing approval, should also include documentation of approval or pending approval for the residential program from the State residential licensing agency
  2. An approved day or in-State residential school program seeking to expand its existing program should also include:
    • A list of students, including names, ages, and disability categories and their school districts of residence, who were not accepted by the private school during the past six months either because the school was at its approved capacity or there were no openings in a particular class at the time a committee on special education (CSE) was seeking to place the student at the school or where a State agency is seeking to expand the residence.
    • Copies of any special class size variances for that program approved by NYSED for the current school year.
    • The number of students with disabilities currently enrolled and the number of special education classes currently in operation by class size (student: staff ratio).
  3. Any supplemental information obtained by the program to document the need for the new/expanded program, such as letters from parents and other interested parties regarding the need for the proposed program.

STEP 2: For Applicants Seeking Initial Approval or Expansion of a Day Program Only: Survey of Regional Need For Day Students

An applicant is responsible to provide NYSED with information necessary to make a regional need determination for a day program.  An applicant should request school districts in the geographic area to be served or in the case of NYC, the Community School Districts and CBST, to provide all the required information on the survey form (Attachment B) developed by NYSED for this purpose. 

  • Send Attachment B and a description of the proposed program to each school district in the geographic region to be served. 
  • School districts use Attachment B to identify any students with disabilities who are similar in profile to the population of students the new/expanded program is proposing to serve, and for whom the CSE is actively seeking a placement or an alternative placement and who require a program similar to that of the proposed new/expanded program. 

STEP 2A:   For Applicants Seeking Initial Approval Or Expansion of a Day Program To serve Residential Students: Survey of Regional Need for Residential students

An applicant is responsible to provide NYSED with information necessary to make a regional need determination for a residential school.  Applicants should request that State agencies provide justification for the development or expansion of the residence(s) it licenses.  Such justification may include a letter of support/intent that describes the agency proposed development or expansion, number of beds projected to be needed, ages, and disability categories, if known and a description of the needs of the students by the State agency and/or residential licenses. 

STEP 3: NYSED Makes A Determination of Regional Need: 

Upon receipt of completed and signed regional need documentation (Attachment A) and Survey of Regional Need For Day Students) (Attachment B) and, as applicable, supplemental information submitted by the applicant, NYSED will make a determination of regional need and notify the applicant in writing of such determination. 

If an applicant receives notification from NYSED that regional need has not been established, NYSED will provide the applicant with the reasons for that determination.  An applicant may not submit an application for initial approval or expansion where NYSED has determined that no regional need for the program exists. 

If an applicant receives notification from NYSED that regional need has been established, the applicant must submit a complete application for approval to NYSED within 45 calendar days from the date NYSED issued the determination of regional need.  Include a copy of NYSED’s Determination of Regional Need with the application.  Applications received after 45 days will be returned with a notice that a new regional need determination must be made. 


Attachment A

Complete All Sections

Applicant Agency: 

 

Address:   

Date Application Submitted: 

Name of Individual Submitting the Request on Behalf of the Agency:  

Contact Information:
Telephone:
Facsimile Number:
Email:  

Indicate if regional need is being determined for:

__ Initial Approval of a Private Special Education Day Program

__ Expansion of a Private Special Education Day Program

__ Initial Approval of a Private Special Education Residential School Program

__ Expansion of a Private Special Education Residential School Program

__ Initial Approval of a Private Out of State Residential Program


Section 1

Provide a general rationale for the establishment of the new/expanded program and explain why the agency chose to locate the new program or expand the existing program in the specific geographic area the agency is proposing to serve.


Section 2: As applicable, provide a narrative response to the following:

For an agency seeking initial approval to operate an approved private school program:

  1. Provide a profile of the type and number of classes the programs seeking approval to operate. 
  2. Specify the proposed number of students with disabilities, the age range and disability categories to be served.
  3. Describe the developmental behavioral and learning characteristics of the students who would be served by the new or expanded program.
  4. Specify the geographic area to be served by the program, include the names of all Board of Cooperative Educational Services (BOCES) regions (or New York City (NYC) geographic schools) in the geographic area that the program is proposing to serve or is currently serving.

For an agency seeking to expand its currently approved school program, it should also:

  1. Include in the proposal the number of students with disabilities currently enrolled and the number of special education classes currently in operation by class size (student: staff ratio).
  2. Provide a list of students including names, ages, and disability categories, and school districts of residence who were not accepted by the approved private school during the past six months either because the school was at its approved capacity or there were no opening in a particular class at the time a committee on special education (CSE) was seeking to place the student at the school.
  3. Identify any special class size variances for that program approved by NYSED for the current school year.

Section 3.  Submit any supplemental information obtained by the agency to document need for the new/expanded program, such as letters from parents and other interested parties (e.g., BOCES) regarding the need for the proposed program.  (Note: Determination of regional need cannot be based solely on supplemental information.)

___ Check if supplemental information is attached and, if checked, provide a list of the enclosed supplemental documents below.

  1.      
  1.      
  1.      
  1.      
  1.      

The agency’s written request for a regional need determination of a day program must be completed and submitted to the Special Education Quality Assurance (SEQA) Office in the region in which the agency is seeking to provide services.  Submit written requests for in-State residential programs to the SEQA Nondistrict Unit.  For SEQA contact information, see http://www.p12.nysed.gov/specialed/quality/regassoc.htm.  A copy of the New York State Education Department’s regional need determination must be submitted along with the agency’s application for approval. 


Attachment B

Survey of Regional Need for Day Students

[Insert Agency Name] is considering [choose opening a new program or expanding the existing program at site location].  A description of the proposed [choose new or expanded] program is attached. 

As part of this process, need for the proposed [choose new or expanded] special education school in the region must be documented and verified by the New York State Education Department (NYSED).

Please return the completed form within two weeks to the following NYSED Special Education Quality Assurance (SEQA) Regional Office

[Insert address and phone number of SEQA office in the region in which the agency is seeking to open a new or expanded private school program]

For student confidentiality reasons, please do not return this survey or a copy of this survey to the Agency applying or to another representative of that Agency.

Date Sent to School District [Insert Date]

School District [Insert District Name] 

Please complete the following information:

12 digit NYSED code

 

School Superintendent                                                                                          

District Survey Contact Person                                                                              

Phone                                                                         Fax                                    

Email                                                                       

District Needs Identification Survey

<AgencyName> is considering <opening a new program> <expanding the existing program at site location>.  A description of the proposed <program> <expansion> is attached.  As part of this process, <AgencyName> must document regional need to <open> <expand> the program.  Complete this form and send one copy to the District Superintendent at <BOCESName> and return the completed form to:  Agency Contact Person, Agency Name, Address.

School District                                                                                           
BOCES Region                                                                         
School Superintendent                                                                        
District Survey Contact Person                                                                                                 
Phone                                              
Fax                                                     
Email                  
___ The school district is not seeking placement for any students similar in profile to the students the new/expanded program is proposing to serve
OR
___ The following are students for whom the Committee on Special Education (CSE) is actively seeking a placement or an alternative placement and who require a program similar to the proposed new/expanded program.  *This list only includes students for whom there is documentation of:

  • efforts to place the students in other or less restrictive public facilities or consideration of such placements;
  • efforts to enable the students to benefit from instruction in other or less restrictive settings using support services and supplementary aids and special education services; and, where applicable;
  • the student’s lack of progress in previous or less restrictive programs and placements.

* Will be verified by Regional Associate

Student's Name Date of Birth Disability
Category 1
Current Educational Program
(Type and Placement) 2
Reasons why CSE is actively seeking placement or alternative placement for this student.  Include unique student needs that can be addressed in the proposed program/placement 3 List programs that have indicated that the student would not be appropriate at their sites
           
           
           
           

1 If a student is identified as multiply disabled, list the concomitant impairments (such as intellectual disability-orthopedic impairment). 

2 Indicate Educational Program: Special Class;   Placement: -  BOCES Separate Site, Private Day Program, In-State Residential Program, Out-of State Residential Program, State-Operated, State-Supported School, Other (specify).

3 List specific reasons why the student’s unique needs can appropriately be met in this program and/or reasons the student may have been rejected from other placements (i.e., behavioral problems, health problems, suitable programs at capacity, commuting distance is too long, lack of progress, etc.)

Last Updated: March 18, 2014